Section 78271 Of Article 5. Implementation And Voting Procedures From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 21. >> Article 5.

. (a) This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote conducted by the secretary, that at least 40 percent of the total number of producers from the list established by the secretary pursuant to this article have participated and that either of the following has occurred:
  (1) Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed a majority of the total quantity of asparagus in the preceding marketing year by all of the producers who voted in the referendum.
  (2) A majority of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting marketed 65 percent or more of the total quantity of asparagus in the preceding marketing year by all of the producers who voted in the referendum.
  (b) The secretary shall use fresh weight in calculating the quantity of asparagus for purposes of the voting in subdivision (a).