California Legal Codes and Statutes

Article 5 - Implementation and Suspension of Operations

California Food and Agricultural Code — §§ 65060-65069

Sections (10)

§ 65060

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)On or before June 1, 2019, the Bureau of Livestock Identification shall submit to the secretary for review a list of producers who have sold or owned cattle in the last calendar year.
(b)The secretary may require auction markets and packers to submit the names and mailing addresses of all producers from whom they acquired cattle in the most recently completed fiscal year. The request for information shall be in writing and shall be filed within 10 days following receipt of the request.
(c)The secretary shall determine which producers are eligible to vote consistent with the definition of producer in subdivision (k) of Section 65012.
(d)Any producer who believes himself or herself to be eligible to vote whose name does not appear on the appropriate list may have his or her name placed on the list by filing with the secretary a signed statement identifying the producer as a person eligible to vote. Failure to be on the list does not exempt the person from paying fees and does not invalidate any votes conducted pursuant to this chapter.
(e)Any producer eligible to vote may contact those on the list regarding the referendum in a form and manner prescribed by the secretary if all expenses associated with those contacts are paid in advance.
§ 65061

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Repealed conditionally pursuant to Section 65066.

This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds that a majority of producers participating in an initial referendum vote conducted by the secretary on or before June 1, 2020, or a second referendum vote conducted by the secretary pursuant to Section 65066, approve the referendum.

§ 65062

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

An implementation referendum shall advertise the amount to be assessed and declare that the assessment shall be a mandatory fee. An implementation referendum shall also advertise that the council will accept petitions to refund the fee for any producer subject to this chapter pursuant to Section 65075.

§ 65063

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The secretary shall establish a period in which to conduct a referendum, that shall not be more than 60 days in duration, and may prescribe additional procedures necessary to conduct the referendum.

§ 65064

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

Nonreceipt of a ballot by an eligible producer shall not invalidate a referendum.

§ 65065

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

If the secretary finds that a majority vote has been given, the secretary shall certify and give notice of the majority vote to all producers whose names and addresses are on file with the secretary.

§ 65066

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Repealed conditionally by its own provisions. Note: Conditional repeal affects Chapter 2.5, comprising Sections 65001 to 65087.

If the secretary finds that a majority vote has not been given for an initial referendum, the secretary shall certify and declare all provisions of this chapter inoperative, except as necessary to conduct a second implementation referendum vote pursuant to this section. The secretary shall conduct a second implementation referendum vote two years or later following certification of the first vote. If the second referendum vote conducted pursuant to this section does not receive a majority vote in favor, this chapter is repealed six months following the certification of the second vote unless a later statute is enacted altering this section.

§ 65067

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)Before an implementation referendum vote conducted by the secretary pursuant to this article, a proponent of the establishment of the council shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of analyzing the proposed council and certifying the necessary list of producers submitted by the Bureau of Livestock Identification and conducting the vote.
(b)Any funds not used in conducting an implementation referendum established by this article shall be returned to the proponents of the council who deposited the funds with the secretary.
(c)Upon establishment of the council, the council may reimburse the proponents of the

council for any funds deposited with the secretary that were used in carrying out this article, and for any legal expenses and costs incurred in establishing the council.

§ 65068

Amended by Stats. 2019, Ch. 497, Sec. 128. (AB 991) Effective January 1, 2020. Repealed conditionally pursuant to Section 65066.

(a)Five years after implementation of this chapter, the secretary shall hold a public hearing after providing proper notice to producers subject to this chapter and any other persons or entities who have requested, in writing, notice of the hearing to determine whether the operation of this chapter should be continued. If, after the hearing, the secretary finds that a substantial question exists among the producers assessed under this chapter as to whether the operation of this chapter should be continued, the secretary shall conduct a reapproval referendum to be conducted among producers to determine whether the operation of this chapter shall be reapproved and continue in effect.
(b)If the secretary finds, after conducting a hearing, that no substantial question

exists or if a reapproval referendum is required and a majority of eligible producers voting in the referendum voted in favor of continuing the operation of this chapter, the secretary shall certify the vote and this chapter shall remain operative. If the secretary finds that a majority vote has not been given, the secretary shall certify the vote and declare the operation of this chapter suspended and the operations of the council concluded and funds distributed in the manner provided in subdivision (c). A bond or security shall not be required for the referendum. The secretary shall provide public notice of the suspension of this chapter on the department’s internet website.

(c)On the expiration of this chapter pursuant to this article, the council shall remain in existence for the purpose of furnishing the secretary with a complete record of its outstanding financial obligations, accrued and to accrue. The secretary shall pay from the money

deposited and disbursed any outstanding obligations and any obligations incurred by the secretary and the department under the terms and provisions of this section. Any money that remains shall be retained by the secretary to defray the expenses of formulation, issuance, administration, or enforcement of any subsequent program for beef promotion. If such a program is not undertaken within a period of three years from the date of termination of this chapter, the money shall be used to fund activities related to the subject matter of this chapter at the discretion of the secretary.

(d)Following a hearing and favorable referendum, if required, the process specified in this section shall be conducted by the secretary every five years between July 1 and June 30 of the following year.
§ 65069

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Repealed conditionally pursuant to Section 65066.

(a)On the secretary’s own motion, at the request of the council, or at the request of a producer, the secretary may determine that it is no longer in the best interest of the state to continue the existence of the council and the programs established and maintained pursuant to this chapter.
(b)If the secretary makes the determination described in subdivision (a), the secretary shall call a vote of the producers to determine if the council should be terminated.
(c)(1) The secretary shall certify a vote conducted pursuant to subdivision (b).
(2)If a majority of producers vote in favor of

terminating the council, the secretary shall declare the operation of this chapter suspended, the operations of the council concluded, and distribute the funds in the manner provided for in subdivision (c) of Section 65068. The secretary shall provide public notice of the suspension of this chapter on the department’s Internet Web site.

(3)If a majority of producers do not vote in favor of terminating the council, the operation of this chapter shall continue in effect.