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HomeFood and Agricultural CodeDiv. 22Pt. 2Ch. 24.5Art. 8§ 78961 Wine Industry Continuation Review

§ 78961 Wine Industry Continuation Review

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 78961 Wine Industry Continuation Review

Key Takeaways

  • •Every 5 years, starting in 2011, there's a check to see if people still want this law to keep running.
  • •If many people are unsure or don't want the law anymore, there's a vote (called a referendum).
  • •For the law to stay, most farmers and most winemakers must vote 'yes' in the referendum.
  • •Big groups (like farming co-ops) can vote for all their members at once.

Example

Imagine a group of grape farmers and winemakers in California have rules they follow to sell their grapes and wine. Every 5 years, the government checks if everyone still likes these rules.

If lots of farmers and winemakers are unhappy or unsure about the rules, the government holds a vote. If most farmers and most winemakers vote 'yes,' the rules stay. If not, the rules might go away. For example, if a big farming group votes 'yes,' it counts as all the farmers in that group saying 'yes.'

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 78961 Wine Industry Continuation Review

Every five years, commencing with the 2011-2012 marketing season, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued. If the secretary finds, after the hearing, that a substantial question exists among eligible persons regarding whether the operation of this chapter should be continued, the secretary shall submit the chapter to a reapproval referendum. If a reapproval referendum is required, the operation of this chapter shall continue in effect if the secretary finds that a majority of the eligible producers voting in the referendum voted in favor of continuing this chapter and a majority of the eligible vintners voting in the referendum voted in favor of continuing this chapter. In finding whether the commission is continued pursuant to this article, the vote of any nonprofit agricultural cooperative marketing association that is authorized by its member to so vote, shall be considered to be the approval or rejection by the individual members thereof, or the individual stockholders therein. No bond or security shall be required for any referendum required by this chapter however, this shall not apply to advance deposit of funds required by the department to cover the actual cost of a referendum. (Added by Stats. 2005, Ch. 597, Sec. 1. Effective January 1, 2006.)

Last verified: January 23, 2026

Key Terms

reapproval referendumcommissionhearingstocksecretaryoperationmajorityquestion

Related Statutes

  • § 79891 Producer Program Continuation Review
  • § 76381 Producer Program Continuation Vote
  • § 77498 Program Continuation Referendum Process
  • § 78720 Commission Continuation Referendum Process
  • § 79291 Program Continuation Review Process

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 78961.
View Official Source