Section 79701 Of Article 8. Continuation Or Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 28. >> Article 8.
79701
. (a) In the fifth year of operation of this chapter and every
fifth year thereafter, between January 1 and December 31, the
secretary shall hold a public hearing, after providing proper notice
to all persons subject to this chapter and any other persons or
entities who have requested, in writing, notice of the hearing, to
determine whether the operation of this chapter should be continued.
If the secretary finds after the hearing that a substantial question
exists among the persons assessed under this chapter regarding
whether the operation of this chapter should be continued, the
secretary shall submit the chapter to a reapproval referendum to be
conducted among producers to determine whether the operations of this
chapter shall be reapproved and continued in effect.
(b) If the secretary finds after conducting a hearing that no
substantial question exists or, if a reapproval referendum is
required, that a majority of the eligible producers voting in the
referendum voted in favor of continuing the operations of this
chapter, the secretary shall so certify and this chapter shall remain
operative. If the secretary 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
current marketing season. Thereupon, the operations of the commission
shall be concluded and funds distributed in the manner provided in
Section 79704.