SECTIONS 79261-79268

79261.  (a) Within 15 days after the effective date of this chapter,the secretary shall establish a list of producers and handlerseligible to vote on the implementation of this chapter. Inestablishing the list, the secretary shall require that producers andhandlers of blueberries in California submit the names, mailingaddresses, and the volume of blueberries produced by each producerand handled by each handler during the preceding marketing season.The request for the information shall be in writing. The informationshall be filed within 10 days following receipt of the writtenrequest for information. (b) Any producer or handler of blueberries whose name does notappear upon the secretary's list may have his or her name placed onthe list by filing with the secretary a signed statement identifyinghimself or herself as a producer or handler. Failure to be on thelist does not exempt the producer or handler from paying assessmentsunder this chapter.79262.  This chapter, except as necessary to conduct animplementation referendum vote, shall not become operative until thesecretary finds the following in a referendum vote conducted by thesecretary: (a) At least 40 percent of the total number of producers from thelist established by the secretary pursuant to this articleparticipate, and that either of the following occurs: (1) Sixty-five percent of the producers who voted in thereferendum voted in favor of this chapter, and the producers sovoting produced a majority of the total quantity of blueberriesproduced in the preceding marketing season by all of the producersvoting in the referendum. (2) A majority of the producers who voted in the referendum votedin favor of this chapter, and the producers so voting produced 65percent or more of the total quantity of blueberries produced in thepreceding marketing season by all of the producers voting in thereferendum. (b) At least 40 percent of the total number of handlers from thelist established by the secretary pursuant to this articleparticipate, and that either of the following occurs: (1) Sixty-five percent of the handlers who voted in the referendumvoted in favor of this chapter, and the handlers so voting handled amajority of the total quantity of blueberries handled in thepreceding marketing season by all of the handlers voting in thereferendum. (2) A majority of the handlers who voted in the referendum votedin favor of this chapter, and the handlers so voting handled 65percent or more of the total quantity of blueberries handled in thepreceding marketing season by all of the handlers voting in thereferendum.79263.  The secretary shall establish a period in which to conductthe referendum which shall not be less than 10 days or more than 60days in duration and may prescribe additional procedures necessary toconduct the referendum. If the initial period established is lessthan 60 days, the secretary may extend the period. However, the totalreferendum 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 givenas provided in Section 79262, he or she shall so certify and givenotice of the vote to all producers and handlers whose names andaddresses are on file with the secretary.79266.  If the secretary finds that a favorable vote has not beengiven as provided in this article, he or she shall so certify anddeclare this chapter inoperative. The secretary may conduct anotherimplementation referendum vote one or more years after the previousvote has been taken.79267.  (a) Upon certification of the commission, the secretaryshall contact all producers and handlers in a manner determined bythe secretary for the purpose of nominating and electing persons tothe commission. To be eligible for election to the commission,nominees shall present to the secretary a nomination petition withthe signatures of at least three eligible persons. (b) Subsequent to the first selection of members of thecommission, persons to be elected to the commission shall be selectedpursuant to nomination and election procedures established by thecommission with the concurrence of the secretary.79268.  Prior to the referendum vote conducted by the secretarypursuant to this article, the proponents of the commission shalldeposit with the secretary an amount of funds determined necessary bythe secretary to defray the expenses of preparing the necessarylists and information and conducting the vote. Any funds not used forthis purpose shall be returned to the proponents of the commissionwho deposited the funds with the secretary. Upon establishment of thecommission, the commission may reimburse the proponents of thecommission for any funds deposited with the secretary and for anylegal expenses and costs incurred in establishing the commission.