(a)The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:
(1)Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission, and that 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.
(2)Fifty-one
percent or more of the producers who voted in the referendum voted in favor of conti
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(a)
The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:
(1)
Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission, and that 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.
(2)
Fifty-one
percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission and that the producers voting in favor marketed 65 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)
The commission shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days, and may prescribe additional procedures as may be necessary to conduct the referendum.
(c)
Nonreceipt of a ballot shall not invalidate the referendum. If the commission finds that a vote in favor of the continuing the operation of the commission has been given as provided in this section, it shall so certify to the secretary and give notice of the favorable vote by publication in a newspaper of general circulation in each
district in accordance with Section 6066 of the Government Code and mail a copy of the notice to all producers and shippers whose names and addresses may be on file with the commission. The operation of the commission shall become effective upon completion of publication and 15 days after the certification to the secretary.
(d)
If the commission finds that a vote in favor of the operation of the commission has not been given as provided in this section, it shall certify that finding to the secretary, who shall declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663.