Continuation or Suspension and Termination

Cal. FAC § 74193

California Statutes

(

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 director that this

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

b) Alternatively, the director may be petitioned to suspend this chapter. The petition must be signed by percent of the producers by number who produced not less than percent of the volume of winegrapes in the immediately preceding marketing season and percent of the vintners by number who acquired not less than percent of the volume of winegrapes in the immediately preceding marketing season. The director shall hold a hearing on the petition after receiving it. (

c) The director 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 the producers and vintners to determine if the commission shall be suspended. However, the director 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 director shall establish a referendum period, which shall not be less than days nor more than days in duration. The director may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the referendum period, the director shall tabulate the ballots filed during the period. If at least percent of the total number of producers and percent of the total number of vintners from the lists established by the director participate in the referendum, the director shall suspend this

chapter if he or she finds either of the following has occurred:

(1) Sixty-five percent or more of the producers and vintners who voted in the referendum, voted in favor of suspension; 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; and the vintners so voting acquired a majority of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who participated in the referendum.

(2) A majority of the producers and vintners who voted in the referendum voted in favor of suspension; the producers so voting marketed 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; and the vintners so voting acquired percent or more of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who voted in the referendum.

Document details

CollectionCalifornia Statutes
CitationCal. FAC § 74193
Typestatute
Languageen
SourceCA_STAT
IdentifierFAC74193.198612861

Continuation or Suspension and Termination

Cal. FAC § 74193

California Statutes

Continuation or Suspension and Termination

Cal. FAC § 74193

California Statutes

(

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 director that this

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

b) Alternatively, the director may be petitioned to suspend this chapter. The petition must be signed by percent of the producers by number who produced not less than percent of the volume of winegrapes in the immediately preceding marketing season and percent of the vintners by number who acquired not less than percent of the volume of winegrapes in the immediately preceding marketing season. The director shall hold a hearing on the petition after receiving it. (

c) The director 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 the producers and vintners to determine if the commission shall be suspended. However, the director 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 director shall establish a referendum period, which shall not be less than days nor more than days in duration. The director may prescribe additional procedures as may be necessary to conduct the referendum. At the close of the referendum period, the director shall tabulate the ballots filed during the period. If at least percent of the total number of producers and percent of the total number of vintners from the lists established by the director participate in the referendum, the director shall suspend this

chapter if he or she finds either of the following has occurred:

(1) Sixty-five percent or more of the producers and vintners who voted in the referendum, voted in favor of suspension; 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; and the vintners so voting acquired a majority of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who participated in the referendum.

(2) A majority of the producers and vintners who voted in the referendum voted in favor of suspension; the producers so voting marketed 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; and the vintners so voting acquired percent or more of the total quantity of winegrapes acquired in the preceding marketing season by all of the vintners who voted in the referendum.

Document details

CollectionCalifornia Statutes
CitationCal. FAC § 74193
Typestatute
Languageen
SourceCA_STAT
IdentifierFAC74193.198612861
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