79261-79268

FOOD AND AGRICULTURAL CODE
SECTION 79261-79268




79261.  (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.  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.  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.  Nonreceipt of a ballot shall not invalidate a referendum.



79265.  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.  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.  (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.  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.