Upon the finding of a two-thirds vote of the commission that the operation of this

chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of this

chapter shall be suspended. However, any suspension shall not become effective until the expiration of the current marketing season.

The secretary shall, upon receipt of that recommendation, or may, after a public hearing to review a petition filed with the secretary requesting suspension, signed by percent of the producers by number who produced not less than percent of the volume in the immediately preceding season, cause a referendum to be conducted among the listed producers to determine if the operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than or more than days in duration.

The secretary may prescribe any additional procedures that may be necessary to conduct a referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the referendum period. If at least percent of the total number of producers from the list established by the secretary participate in the referendum, the secretary shall continue the operation of this chapter, if the secretary finds either one of the following: (

a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuation, and the producers so voting marketed a majority or more of the total quantity of kiwifruit marketed in the preceding marketing season by all of the producers who voted in the referendum. (

b) That a majority or more of the producers who voted in the referendum voted in favor of continuation, and that the producers so voting marketed percent or more of the total quantity of kiwifruit marketed in the preceding season by all of the producers who voted in the referendum. Should the referendum fail to meet the requirements of subdivision (

a) or (b), the secretary shall suspend the operation of this

chapter upon the expiration of the current marketing season.