(

a) Upon a finding by a two-thirds vote of the full 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 be suspended. However, any suspension shall not become effective until the expiration of the current marketing year. (

b) The secretary shall, upon receipt of the recommendation, or may, after a public hearing to review a petition filed with the director requesting a suspension signed by percent of the producers by number who produced not less than percent of the volume of peppers in the immediately preceding marketing year, and percent of the handlers by number who handled not less than percent of the volume of peppers in the immediately preceding marketing year, hold a referendum among the producers and handlers to determine if the operations of the commission shall be suspended.

However, the secretary shall not hold a referendum as a result of the petition unless the petitioner shows, by the weight of evidence, that the operation of this

chapter has not tended to effectuate its declared purposes. (

c) The secretary shall establish a referendum period, that 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 established referendum period, the secretary shall tabulate the ballots filed during the period. The secretary shall suspend operation of this

chapter if the director finds either one of the following has occurred:

(1) At least percent of the total number of producers from the list established by the director have participated in the referendum: (

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

B) A majority of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed percent or more of the total quantity of peppers in the preceding marketing year by all of the producers who voted in the referendum.

(2) At least percent of the total number of handlers from the list established by the director have participated in the referendum: (

A) Sixty-five percent or more of the handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled a majority of the total quantity of peppers in the preceding marketing year by all of the handlers who voted in the referendum. (

B) A majority of the handlers who voted in the referendum voted in favor of suspension, and the handlers so voting handled percent or more of the total quantity of peppers in the preceding marketing year by all of the handlers who voted in the referendum.