ARTICLE 5. Implementation and Voting Procedures [79961. - 79968.]

Cal. Food and Agricultural Code - FAC 5.
in effect

Cal. Food and Agricultural Code - FAC § 79961. Section 79961.

(a) No later than 90 days from the request of proponents of the commission, the secretary shall establish a list of growers and processors eligible to vote on the implementation of this chapter. The proponents shall provide the secretary with a list of growers and processors of agave to assist in identifying eligible voters. In establishing the list, the secretary shall require that (1) growers submit their names and mailing addresses and planted acreage, (2) processors submit their names and mailing addresses and the names and addresses of growers from whom agave is received, and the paid weight to the growers during the preceding marketing season. The request for the information shall be in writing. The information shall be filed with the secretary within 10 days following receipt of the written request for information. (b) A grower or processor whose name does not appear on the secretary’s list may have their name placed on the list by filing with the secretary a signed statement identifying themselves as a grower or processor. Failure to be on the list does not exempt the grower or processor from paying assessments under this chapter.

Cal. Food and Agricultural Code - FAC § 79962. Section 79962.

The commission shall not be established, and this chapter shall not be implemented, except as necessary to conduct an implementation referendum vote, until the secretary finds all of the following in a referendum vote conducted by the secretary: (a) At least 40 percent of the total number of growers 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 growers who voted in the referendum voted in favor of establishing the commission, and those growers cultivated a majority of the total quantity of agave cultivated in the preceding marketing season by all of the growers voting in the referendum. (2) A majority of the growers who voted in the referendum voted in favor of establishing the commission, and those growers cultivated 65 percent or more of the total quantity of agave cultivated in the preceding marketing season by all of the growers voting in the referendum. (b) At least 40 percent of the total number of processors 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 processors who voted in the referendum voted in favor of establishing the commission, and those processors processed a majority of the total quantity of agave processed in the preceding marketing season by all of the processors voting in the referendum. (2) A majority of the processors who voted in the referendum voted in favor of establishing the commission, and those processors processed 65 percent or more of the total quantity of agave processed in the preceding marketing season by all of the processors voting in the referendum.

Cal. Food and Agricultural Code - FAC § 79963. Section 79963.

The secretary shall establish a period in which to conduct the referendum that 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.

Cal. Food and Agricultural Code - FAC § 79965. Section 79965.

If the secretary finds that a referendum vote in favor of establishing the commission has occurred, as provided in this article, the secretary shall certify the vote and give notice of the vote to growers and processors whose names and addresses are on file with the secretary.

Cal. Food and Agricultural Code - FAC § 79966. Section 79966.

If the secretary finds that a referendum vote in favor of establishing the commission has not occurred, as provided in this article, the secretary shall certify the vote and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one or more years after the previous vote has been taken.

Cal. Food and Agricultural Code - FAC § 79967. Section 79967.

(a) Upon the establishment of the commission, the secretary shall contact growers and processors in a manner determined by the secretary for the purpose of nominating and electing persons to the commission board of directors. (b) Subsequent to the first election of members of the commission board of directors, or appointment in cases of a public member, growers and processors shall be selected pursuant to nomination and election procedures established by the commission board of directors with the concurrence of the secretary.

Cal. Food and Agricultural Code - FAC § 79968. Section 79968.

Before 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 board of directors 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.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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