California Food and Agricultural Code 42804 – (a) On and after March 31, 1997, the secretary shall exempt any …
(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 1 and ending December 31 of any year.
Terms Used In California Food and Agricultural Code 42804
- Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
- Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
(2) The secretary finds that the petition represents not less than 51 percent of the producers directly affected who have produced not less than 51 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 90 days and was on a form approved by the secretary.
(b) Exemptions granted under this section shall be effective on July 1 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.
(Amended by Stats. 1996, Ch. 241, Sec. 2. Effective January 1, 1997.)