ARTICLE 6. Suspension of Operations [65660. - 65663.]

Cal. Food and Agricultural Code - FAC 6.

in effect

Cal. Food and Agricultural Code - FAC § 65660. Section 65660.

(a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate. (b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum.

Cal. Food and Agricultural Code - FAC § 65661. Section 65661.

At the close of the referendum period established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the secretary as marketing 40 percent of the total volume marketed by all producers on the list established by the commission during the last completed marketing season, participate in the referendum and the secretary finds that either of the following occurs: (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum. (b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum.

Cal. Food and Agricultural Code - FAC § 65662. Section 65662.

Upon and after the effective date of suspension of the operation of the commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year and not required to defray the expenses of winding up and terminating operations of the commission, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding current marketing season; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of that pro rata refund to those persons, any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry.

Cal. Food and Agricultural Code - FAC § 65663. Section 65663.

Upon suspension of the operation of the commission, a notice of the suspension shall be posted on the department’s website. The commission shall mail a copy of the notice of suspension to all producers and shippers affected by the suspension whose names and addresses are on file with the commission.

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