Standardization Program
Cal. FAC § 42804
California Statutes
(
a) On and after March 31, 1997, the secretary shall exempt any commodity subject to this
article and repeal all regulations pertaining to the commodity adopted by the secretary pursuant to this division if:
(1) A written petition requesting exemption is filed with the secretary during the period commencing July and ending December of any year.
(2) The secretary finds that the petition represents not less than percent of the producers directly affected who have produced not less than percent of the total quantity of the commodity marketed in the preceding marketing season.
(3) The petition, prior to being submitted to the secretary, was circulated among the producers directly affected for a period not exceeding days and was on a form approved by the secretary. (
b) Exemptions granted under this
section shall be effective on July following the year in which the petition is filed with the secretary. (
c) Any costs incurred by the department in processing any petition for exemption filed pursuant to this
section shall be borne by the producers representing the commodity for which the petition is filed. (
d) This
section also applies to producers of any commodity who request the secretary to rescind a previously granted exemption. (
e) All producers directly affected by this
section shall provide the following information to the secretary upon filing of the written petition requesting exemption:
(1) The correct name and address of each producer or handler.
(2) The quantity of each commodity produced by the producer during the previous marketing season. (
f) The secretary also may require handlers of commodities subject to this
article to report quantities received from each producer in the previous season. (
g) Any determination of compliance with this
section may be based upon information provided by producers or handlers of commodities subject to this article. Failure or refusal to provide that information within the specified time does not invalidate the secretary’s findings.