Article 12 - Referendum

California Food and Agricultural Code — §§ 64320-64323

Sections (5)

Amended by Stats. 2021, Ch. 371, Sec. 21. (AB 425) Effective January 1, 2022.

(a)Between July 1 and December 31 of each year ending in the number three or eight, the secretary shall, by the public hearing procedure, and if appropriate, the referendum procedure, provided for in this article, determine whether the council program provided for in this chapter shall continue in effect.

(b)If the secretary finds from evidence received at the hearing that a substantial question exists as to whether the council program is contrary to or does not effectuate the declared purposes or provisions of this chapter, the council program shall be submitted to referendum as provided in subdivision (c).

(c)If the secretary determines that a referendum procedure is appropriate, the secretary

shall establish a referendum period of not to exceed 30 days during which period ballots shall be submitted to all producers and handlers on a statewide basis. If the secretary determines that the referendum period does not provide sufficient time for the balloting, the secretary may extend the referendum for an additional period not to exceed 30 days. The ballots shall provide a “yes” or “no” voting alternative to the question:

“Shall the Dairy Council of California be continued for the next five fiscal years beginning July 1 following this referendum?”

§ 64321

Amended by Stats. 2021, Ch. 371, Sec. 22. (AB 425) Effective January 1, 2022.

If the council program is submitted to a referendum, the secretary shall find that producers and handlers statewide have assented to the council program if the secretary finds both of the following:

(a)Sixty-five percent or more of the total number of handlers voting approve the council program.

(b)(1) No less than 51 percent of the total number of eligible producers in the state voted in the referendum.

(2)Sixty-five percent or more of the total number of eligible producers who voted in the referendum and who produced 51 percent or more of the total amount of fluid milk produced during the second calendar month preceding the month of the beginning of the referendum period by all producers who voted in the referendum approve the council program, or 51 percent or more of the total number of eligible producers who voted in the referendum and who produced 65 percent or more of the total amount of fluid milk produced during the second calendar month preceding the month of the beginning of the referendum period by all producers who voted in the referendum, approve the council program.

§ 64321.5

Amended by Stats. 2021, Ch. 371, Sec. 23. (AB 425) Effective January 1, 2022.

If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321, the council program may be resubmitted to a referendum as prescribed in this article within a period of no less than 60 days and no more than 180 days after the secretary announces the plan was not approved.

§ 64322

Amended by Stats. 2021, Ch. 371, Sec. 24. (AB 425) Effective January 1, 2022.

(a)If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321 or, if the council program is resubmitted, Section 64321.5, operation of the provisions of this chapter and of the council shall be suspended beginning on July 1 following the referendum or, in the case of resubmission, referendums.

(b)After the effective date of suspension of the operation of the provisions of this chapter and of the council, the operations of the council shall be wound up, and any real and personal property held in the name of the council shall be liquidated and the proceeds, along with any and all remaining money held by the council, collected by assessment and not required to defray the expenses of winding up and terminating operations of the council, shall be returned

upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding three months. However, if the secretary finds that the amounts returnable pursuant to this subdivision are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys.

§ 64323

Added by Stats. 2019, Ch. 304, Sec. 118. (AB 590) Effective January 1, 2020.

A ballot filed with the secretary pursuant to this chapter is confidential and shall not be divulged unless necessary for the proper determination of a court proceeding or hearing before the secretary.