Section 77498 Of Article 8. Continuation Or Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 17.5. >> Article 8.
77498
. Every five years, commencing with the 1999-2000 marketing
season, the director shall hold a hearing to determine whether the
operation of this chapter should be continued. If the director finds
after the hearing that a substantial question exists among the
producers, processors, and shippers assessed under this chapter
regarding whether the operation of this chapter should be continued,
the director shall submit the chapter to a reapproval referendum. If
a reapproval referendum is required, the operation of this chapter
shall be continued in effect if the director finds that a majority of
the eligible producers, processors, and shippers voting in the
referendum voted in favor of continuing this chapter. In finding
whether the commission is continued pursuant to this article, the
vote of any nonprofit agricultural cooperative marketing association
that is authorized by its members to so vote shall be considered as
being the approval or rejection by the individual members of, or the
individual stockholders in, the nonprofit agricultural cooperative
marketing association.
If the director finds after conducting a hearing that no
substantial question exists or that a favorable vote has been given,
the director shall so certify and this chapter shall remain
operative. If the director finds that a favorable vote has not been
given, he or she shall so certify and declare the operation of this
chapter and the commission suspended upon the expiration of the
marketing season ending January 31, 2000. Thereupon, the operations
of the commission shall be concluded and funds distributed in the
manner provided in Section 77499.5. No bond or security shall be
required for any such referendum.