Section 79703 Of Article 8. Continuation Or Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 28. >> Article 8.
79703
. (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 commission be suspended. Any suspension shall not become
effective until the expiration of the current marketing season.
(b) The secretary shall, upon receipt of a recommendation, or may,
after a public hearing to review a petition filed with him or her
requesting such suspension, signed by 15 percent of the producers by
number who owned and operated not less than 15 percent of the total
quantity of colonies maintained in the immediately preceding
marketing season, cause a referendum to be conducted among the listed
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 the weight of
evidence that this chapter has not effectuated its declared purposes.
(c) The secretary shall establish a referendum period, which shall
not be less than 10 or more than 60 days in duration. The secretary
may prescribe additional procedures necessary to conduct the
referendum. At the close of the established referendum period, the
secretary shall tabulate the ballots filed during the period. The
secretary shall suspend the operation of this chapter, if the
secretary finds that at least 30 percent of the total number of
producers from the list established by the secretary participate, and
that either of the following occurs:
(1) Sixty-five percent of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
operated a majority of the total quantity of honeybee colonies owned
or operated by those producers voting in the referendum.
(2) A majority of the producers who voted in the referendum voted
in favor of suspension, and the producers so voting operated 65
percent or more of the total quantity of honeybee colonies owned or
operated by those producers voting in the referendum.