Section 79523 Of Article 8. Continuation Or Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 27. >> Article 8.
79523
. (a) Upon a finding by a two-thirds vote of the commission
that the operation of this chapter has not tended to effectuate its
declared purposes, the commission may recommend to the secretary that
the operation of this chapter be suspended. However, any suspension
shall not become effective until the expiration of the then current
marketing season.
(b) The secretary shall, upon receipt of the recommendation, or
may, after a public hearing to review a petition filed with him or
her requesting a suspension signed by 15 percent of the producers by
number who produced and sold not less than 15 percent of the total
value of nursery products in the immediately preceding marketing
season, hold a referendum among producers to determine if the
operations of the commission shall be suspended. However, the
secretary shall not hold a referendum as a result of the petition
unless the petitioner shows by a preponderance of the evidence that
this chapter has not tended to effectuate its declared purposes.
(c) The secretary shall establish a referendum period, which shall
not be less than 10 days or more than 60 days in duration. The
secretary may prescribe additional procedures as may be necessary to
conduct the referendum. At the close of the established referendum
period, the secretary shall tabulate the ballots filed during the
period. If at least 40 percent of the total number of producers from
the list established by the secretary participate in the referendum,
the secretary shall suspend the operation of this chapter if he or
she finds either one of the following has occurred:
(1) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
sold a majority of the total value of nursery products in the
preceding marketing season 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 suspension, and the producers so voting sold 65 percent
or more of the total value of nursery products in the preceding
marketing season by all of the producers who voted in the referendum.