§ 74993 Winegrape Marketing Suspension

Key Takeaways

•If most of the people in charge (the commission) think the winegrape rules aren't working, they can ask to pause them, but not until the current selling season is over.
•Farmers who grow winegrapes can also ask to pause the rules if at least 20% of them (who grew at least 20% of the grapes last year) sign a request. Then, there’s a meeting to talk about it.
•The big boss (the secretary) can then ask all the farmers to vote on whether to pause the rules. But this only happens if the people who asked for it show good proof that the rules aren’t working.
•For the rules to be paused, at least 40% of all farmers must vote. Then, either 65% of the voters (who sold most of the grapes) must agree, OR most voters (who sold 65% of the grapes) must agree.

Example

Imagine a group of grape farmers in California are unhappy because the rules for selling grapes aren’t helping them. A bunch of them (20% of all farmers who grew 20% of the grapes last year) sign a paper asking to pause the rules.

The big boss (the secretary) holds a meeting to listen to their concerns. If they show good proof that the rules aren’t working, the boss asks all the farmers to vote. If enough farmers vote (at least 40%) and either 65% of them (who sold most of the grapes) agree to pause the rules, or most of them (who sold 65% of the grapes) agree, then the rules get paused.

(a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that this chapter be suspended. However, any suspension shall not become effective until the expiration of the current marketing season. (b) Alternatively, the secretary may be petitioned to suspend this chapter. The petition shall be signed by 20 percent of the producers by number who produced not less than 20 percent of the volume of winegrapes in the immediately preceding marketing season. The secretary shall hold a hearing on the petition after receiving it. (c) The secretary shall, upon receipt of the recommendation to suspend this chapter from the commission, or may, after holding the hearing on the petition to suspend this chapter, hold a referendum among producers to determine if the commission shall be suspended. However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows by the weight of evidence that this chapter has not tended to effectuate its declared purposes. (d) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers from the lists established by the secretary participate in the referendum, the secretary shall suspend this chapter if he or she finds either of the following has occurred: (1) Sixty-five percent or more of the producers who voted in the referendum, voted in favor of suspension; and the producers so voting marketed a majority of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who participated in the referendum. (2) A majority of the producers who voted in the referendum voted in favor of suspension; and the producers so voting marketed 65 percent or more of the total quantity of winegrapes marketed in the preceding marketing season by all of the producers who voted in the referendum. (Amended by Stats. 1995, Ch. 727, Sec. 82. Effective January 1, 1996.)

Key Takeaways

•If most of the people in charge (the commission) think the winegrape rules aren't working, they can ask to pause them, but not until the current selling season is over.
•Farmers who grow winegrapes can also ask to pause the rules if at least 20% of them (who grew at least 20% of the grapes last year) sign a request. Then, there’s a meeting to talk about it.
•The big boss (the secretary) can then ask all the farmers to vote on whether to pause the rules. But this only happens if the people who asked for it show good proof that the rules aren’t working.
•For the rules to be paused, at least 40% of all farmers must vote. Then, either 65% of the voters (who sold most of the grapes) must agree, OR most voters (who sold 65% of the grapes) must agree.

Key Takeaways

Example

Key Terms

References

§ 74993 Winegrape Marketing Suspension

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References