Article 5 - Implementation and Voting Procedures

California Food and Agricultural Code — §§ 79261-79268

Sections (8)

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

(a)Within 15 days after the effective date of this chapter, the secretary shall establish a list of producers and handlers eligible to vote on the implementation of this chapter. In establishing the list, the secretary shall require that producers and handlers of blueberries in California submit the names, mailing addresses, and the volume of blueberries produced by each producer and handled by each handler during the preceding marketing season. The request for the information shall be in writing. The information shall be filed within 10 days following receipt

of the written request for information.

(b)Any producer or handler of blueberries whose name does not appear upon the secretary’s list may have his or her name placed on the list by filing with the secretary a signed statement identifying himself or herself as a producer or handler. Failure to be on the list does not exempt the producer or handler from paying assessments under this chapter.

§ 79262

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a referendum vote conducted by the secretary:

(a)At least 40 percent of the total number of producers from the list established by the secretary pursuant to this article participate, and that either of the following occurs:

(1)Sixty-five percent of the producers who voted in the referendum voted in favor of this chapter, and the producers so voting produced a majority of the

total quantity of blueberries produced in the preceding marketing season by all of the producers voting 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 produced 65 percent or more of the total quantity of blueberries produced in the preceding marketing season by all of the producers voting in the referendum.

(b)At least 40 percent of the total number of handlers from the list established by the secretary pursuant to this article participate, and that either of the following occurs:

(1)Sixty-five percent of the handlers who voted in the referendum voted in favor of this chapter, and the handlers so voting handled a majority of the total quantity of blueberries handled in the preceding marketing season by all of the handlers voting in the referendum.

(2)A majority of the handlers who voted in the referendum

voted in favor of this chapter, and the handlers so voting handled 65 percent or more of the total quantity of blueberries handled in the preceding marketing season by all of the handlers voting in the referendum.

§ 79263

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days in duration and may prescribe additional procedures necessary to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days.

§ 79264

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

Nonreceipt of a ballot shall not invalidate a referendum.

§ 79265

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

If the secretary finds that a favorable vote has been given as provided in Section 79262, he or she shall so certify and give notice of the vote to all producers and handlers whose names and addresses are on file with the secretary.

§ 79266

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

If the secretary finds that a favorable vote has not been given as provided in this article, he or she shall so certify and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one or more years after the previous vote has been taken.

§ 79267

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

(a)Upon certification of the commission, the secretary shall contact all producers and handlers in a manner determined by the secretary for the purpose of nominating and electing persons to the commission. To be eligible for election to the commission, nominees shall present to the secretary a nomination petition with the signatures of at least three eligible persons.

(b)Subsequent to the first selection of members of the commission, persons to be elected to the commission shall be selected pursuant to nomination and election

procedures established by the commission with the concurrence of the secretary.

§ 79268

Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.

Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount of funds determined necessary by the secretary to defray the expenses of preparing the necessary lists and information and conducting the vote. Any funds not used for this purpose shall be returned to the proponents of the commission who deposited the funds with the secretary. Upon establishment of the commission, the commission may reimburse the proponents of the commission for any funds deposited with the secretary and for any

legal expenses and costs incurred in establishing the commission.