Bill Text: CA AB1216 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Honey.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 388, Statutes of 2009. [AB1216 Detail]

Download: California-2009-AB1216-Amended.html

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BILL NUMBER: AB 1216	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2009
	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to amend Section 29413 of  , and to add Chapter 27
(commencing with Section 79401) to Part 2 of Division 22 of, 
the Food and Agricultural Code, relating to  honey 
 bees, and making an appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1216, as amended, Evans.  Honey.   Bees:
honey: California Apiary Research Commission.  
   Existing 
    (1)     Existing  law defines "honey"
for purposes of those provisions of law that regulate the content,
labeling, and container standards of honey.
   This bill would establish a new definition of honey for these
purposes,  including new technical standards,  as
specified , and new honey designation provisions, the
violation of which would be a crime under other provisions of law
 . 
   By creating a new crime, this bill would impose a state-mandated
local program.  
   (2) Existing law establishes various commissions to promote
agricultural products from the state.  
   This bill would create the California Apiary Research Commission
in state government with a prescribed membership, and would specify
the powers, duties, and responsibilities of the commission. The
commission would be authorized to carry out programs of education,
promotion, marketing, and research relating to pollination units,
bees, honey, or hive products. The bill would authorize the
commission to levy an assessment, as provided, on producers, as
defined, and would authorize the expenditure of those funds for
purposes of implementing the bill, thereby making an appropriation.
 
   The bill, except as necessary to conduct an election, would not
become operative until the producers, by referendum, vote in favor of
the bill's provisions, as prescribed. The bill would also provide
for the suspension of the operation of its provisions and for
concluding the operations of the commission. The bill would make
rendering or furnishing false reports, statements, or records, or
affecting the shipment and marketing of pollination units, bees,
honey, or hive products to avoid payment of assessments, a
misdemeanor, thereby imposing a state-mandated local program by
creating a new crime. The bill would authorize the commission to
bring certain civil actions to enforce the bill's provisions and
regulations adopted pursuant to these provisions. The bill would also
authorize the commission to recommend to the Secretary of Food and
Agriculture the adoption of honey and pollinating unit standards or
marketing activity, as provided.  
   The 
    (3)     The  California Constitution
requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: yes.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 29413 of the Food and Agricultural Code is
amended to read:
   29413.  (a) "Honey" means the natural food product resulting from
the harvest of nectar by honeybees and the natural activities of the
honeybees in processing nectar. It consists essentially of different
sugars, predominantly fructose and glucose as well as other
substances such as organic acids, enzymes, and solid particles
derived from honey collection. The color of honey can vary from
nearly colorless to dark brown. The consistency can be fluid,
viscous, or partially to completely crystallized. The flavor and
aroma vary, but are derived from the plant's origin.  Honey
sold as such shall not have added to it any food additives, nor shall
any other additions be made other than honey. It shall not have
begun to ferment or effervesce and no pollen or constituent unique to
honey may be removed except where unavoidable in the removal of
foreign matter. Chemical or biochemical treatments shall not be used
to influence honey crystallization. Honey shall meet the following
standards:  
   (1) Honey shall not have a moisture content exceeding 23 percent.
No water may be added to honey in the course of extraction or packing
for sale or resale as honey.  
   (2) The ratio of fructose to glucose shall be greater than 0.9.
Sucrose content shall not exceed 10 percent, except for lavender
(Lavandula) or borage (Borago officinalis) which may contain up to 15
percent sucrose. Maltose content shall not exceed 10 percent.
 
   (3) The absolute value of Carbon Stable Isotope Ratio Analysis
shall be more negative than -20.0. 
   (b) Products conforming to the standard of identity in subdivision
(a) shall be designated "honey." 
   (c) Honey may be designated according to floral or plant source if
it comes predominantly from that particular source and has the
organoleptic, physiochemical, and microscopic properties
corresponding with that origin.  
   (d) Where honey has been designated according to floral or plant
source, then the common name or botanical name of the floral source
shall be used in conjunction with or joined with the word "honey."

   SEC. 2.    Chapter 27 (commencing with Section 79401)
is added to Part 2 of Division 22 of the   Food and
Agricultural Code   , to read:  
      CHAPTER 27.  CALIFORNIA APIARY RESEARCH COMMISSION



      Article 1.  Declaration and General Provisions


   79401.  The California beekeeping industry provides critical
pollination services to producers of over 90 California agricultural
crops that constitute one-third of our daily diet and 37.5 percent of
California's total agricultural production. Additionally, California
beekeepers rank in the top four states, annually, in honey
production. The industry provides substantial and necessary revenues
for the state and for its citizens.
   79402.  The establishment of the commission is necessary for the
efficient creation and management of a research program to protect
the health of honeybees, an integrated approach to manage pests and
diseases common to honeybees, and to develop more efficient colony
management practices. The commission is also necessary to ensure the
existence of the segment of the industry that provides half of the
queen bees, bulk bees, and small colonies to other beekeepers
throughout the country and Canada. The commission is also necessary
for the efficient development and management of state, national, and
international promotion and education programs that, combined with
research, will enhance the competitiveness of the California
beekeeping industry worldwide.
   79403.  The provision of pollination services, production of
honey, bees, and other hive products in this state is hereby declared
to be affected with a public interest. This chapter is enacted in
the exercise of the police power of this state for the purpose of
protecting the health, peace, safety, and general welfare of the
people of this state.
   79404.  The commission form of administration created by this
chapter is uniquely situated to provide those engaged in apiary
operations the opportunity to avail themselves of the benefits of
collective action in the broad fields of transportation, pest
management, advertising, promotion, food safety, production research,
nutrition, marketing research, quality and maturity standards, the
collection and dissemination of crop volume and related statistics,
and public education.

      Article 2.  Definitions


   79411.  Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
   79412.  "Advertising and promotion" mean, in addition to their
ordinarily accepted meaning, any plan directed toward increasing the
rental of colonies for crop pollination and the sale of honey, bees,
and other hive products in domestic or foreign markets and trade
promotion and activities for the prevention, modification, or removal
of trade barriers that affect the marketing of honey or other hive
products.
   79413.  "Apiary" means the physical location where beekeepers
place one or more colonies of honeybees. As an adjective, "apiary"
means pertaining to any aspect of beekeeping or the beekeeping
industry.
   79414.  "Books and records" means books, records, contracts,
documents, memoranda, papers, correspondence, or other written data
pertaining to matters relating to the activities subject to this
chapter.
   79415.  "Colony" means the queen, the adult worker and drone bees,
and the brood (eggs, larvae, and pupae) living together in a single
society.
   79416.  "Commission" means the California Apiary Research
Commission.
   79417.  "Districts" consist of the following:
   (a) District 1 consists of the counties in the Sacramento Valley
region.
   (b) District 2 consists of the counties in the San Joaquin Valley
region.
   (c) District 3 consists of the counties in southern California,
south of the Tehachapi Mountains.
   79418.  "Ex officio members" are nonvoting members of the
commission.
   79419.  "Hive" means the structure containing a honeybee colony.
   79420.  "Hive products" mean materials collected or generated by
honeybees, other than bees and honey, including, but not limited to,
beeswax, pollen, royal jelly, venom, and propolis.
   79421.  "Market" or "marketing" means to sell or otherwise
distribute pollination units, bees, honey, or hive products into
commercial channels or trade.
   79422.  "Marketing research" means any research relating to the
rental of pollination units or the sale of bees, honey, or hive
products.
   79423.  "Marketing season" and "fiscal year" are synonymous terms
and mean the period beginning March 1 of any year and extending
through the last day of February of the following year.
   79424.  "Pollination unit" means a colony of adequate strength to
meet the criteria delineated in a pollination contract for use in
commercial crop pollination.
   79425.  "Producer" means any person who produces or causes to be
produced for market and who shall, upon request of the commission,
provide proof of earning income from renting pollination units or
selling bees, honey, or hive products.
   79426.  "Production research" means any research relating to the
health and management of honeybee colonies to maximize colony
strength and income.
   79427.  "Secretary" means the Secretary of Food and Agriculture.

      Article 3.  The California Apiary Research Commission


   79431.  (a) There is in the state government the California Apiary
Research Commission. The commission shall be composed of six
producers and one public member. The producer members shall be
elected by producers on a statewide basis with two members elected
from each district. The public member shall be appointed to the
commission by the secretary from nominees recommended by the
commission.
   (b) The secretary and other appropriate persons as determined by
the commission shall be ex officio members of the commission.
   79432.  The secretary may require the commission to correct or
cease any existing activity or function that is determined by the
secretary not to be in the public interest or to be in violation of
this chapter.
   79433.  The commission shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities under this chapter. However, a court may,
if it finds that the secretary acted arbitrarily or capriciously in
restricting the activities or functions of the commission, relieve
the commission of the responsibility for payment of the secretary's
legal costs with regard to that action.
   79434.  Except for the ex officio members of the commission, each
member of the commission shall have an alternate member elected in
the same manner as the member. An alternate member, in the absence of
the member for whom he or she is an alternate, shall serve in place
of the member on the commission. An alternate member may also serve
in place of any other absent member of the same classification, if
the member's alternate is also absent. However, an alternate may not
serve in place of more than one absent member at a meeting. An
alternate member serving in place of a member shall have and be able
to exercise all rights, privileges, and powers of the member when
serving on the commission. In the event of death, removal,
resignation, or the disqualification of a member, the alternate for
the member, or another alternate of the same classification if the
alternate for the member is absent, shall act as a member on the
commission until a qualified successor is elected.
   79435.  Any vacancy on the commission including, but not limited
to, the failure of any person elected to the commission as a member
or alternate member to continue in his or her position due to a
change in status making him or her ineligible to serve, or due to
death, removal, or resignation, shall be filled by the appointment of
another person, for the unexpired portion of the term, by a majority
vote of the commission. However, the appointee shall fulfill all the
qualifications set forth in this article as required for the office
he or she is to occupy. The qualifications of any person to fill a
vacancy on the commission shall be certified in writing to the
secretary. The secretary shall notify the commission if he or she
determines that the person is not qualified.
   79436.  A producer member or his or her alternate on the
commission shall be an individual, partner, or employee of a producer
who has a financial interest in producing, or causing to be
produced, pollination units, bees, honey, or hive products for
market. The producer member or his or her alternate shall be so
qualified during the entire term of office.
   79437.  The public member, or his or her alternate on the
commission, shall have all the powers, rights, and privileges of any
other member on the commission. The public member shall not have any
financial interest in the beekeeping industry.
   79438.  The term of office of all members of the commission and
alternates, except any ex officio member, shall be three years from
the date of their election and until their successors are elected,
except, that two of the first members shall serve a one-year term and
two shall serve two-year terms. The determination of the term of
each member shall be made by lot at the time of election.
   79439.  The commission may sue and be sued and enter into
contracts. Copies of its proceedings, records, and acts, when
authenticated, shall be admissible in evidence in all courts of the
state, and shall be prima facie evidence of the truth of all
statements therein.
   79440.  A quorum of the commission is a majority of the producer
members on the commission.
   79441.  The secretary or his or her representatives shall be
notified and may attend each meeting of the commission and any
committee meeting of the commission. However, the secretary is not
entitled to attend an executive session of the commission called for
the purpose of discussing potential or actual litigation against the
department.
   79442.  No member of the commission or of any committee
established by the commission, which may include nonmembers of the
commission, shall receive a salary. Except for ex officio government
members, the members may receive reasonable and necessary traveling
expenses and meal allowances, as established by the commission, for
each day spent in actual attendance at, or in traveling to and from,
meetings of the commission or committees of the commission, or on
special assignment for the commission.
   79443.  If the secretary is required to concur in a decision of
the commission, he or she shall indicate his or her response to the
commission within 15 working days from notification of the decision.
The response may be a request that additional information be
provided.
   79444.  All moneys received by any person from assessments levied
under the authority of this chapter or otherwise received by the
commission shall be deposited in banks designated by the commission
and shall be disbursed by order of the commission through an agent or
agents designated for that purpose. Any authorized agent or agents
shall be bonded by a fidelity bond, executed by a surety company
authorized to transact business in the state, in favor of the
commission, in the amount of not less that twenty-five thousand
dollars ($25,000).
   79445.  The state shall not be liable for the acts of the
commission or its contracts. Payments of all claims arising by reason
of the administration of this chapter or acts of the commission
shall be limited to the funds collected by the commission. No member,
alternate member, or any agent of the commission shall be personally
liable on the contracts of the commission and no member, alternate
member, or agent of the commission shall be responsible individually
in any way to any producer or any other person for error in judgment,
mistakes, or other acts, either of commission or omission, as
principal or agent, except for his or her own individual acts of
dishonesty or crime. No member or alternate member shall be held
responsible individually for any act or omission of any member or
alternate member of the commission. The liability of the members and
alternate members shall be several and not joint, and no member or
alternate member shall be liable for the default of any other member
or alternate member.

      Article 4.  Powers and Duties of the Commission


   79451.  The powers and duties of the commission shall include, but
are not limited to, all of the following:
   (a) Adopt and from time to time alter, rescind, modify, and amend
bylaws, rules, regulations, and orders for carrying out this chapter,
including rules for appeals from any bylaw, rule, regulation, or
order of the commission. These actions shall not be subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
   (b) Keep accurate books, records, and accounts of all of its
dealings, which books, records, and accounts shall be subject to an
annual audit by an auditing firm selected by the commission with the
concurrence of the secretary. The audit shall be made a part of an
annual report to all producers, and copies of the audit shall be
submitted to the Legislature and the department. In addition, the
secretary may, as he or she determines necessary, conduct, or cause
to be conducted, a fiscal and compliance audit of the commission.
   (c) Promote the sale of pollination units, bees, honey, or hive
products by advertising and any other promotional means, including
cost-sharing advertising, for the purpose of maintaining and
expanding present markets and creating new and larger intrastate,
interstate, and foreign markets for pollination units, bees, honey,
or hive products, and to educate and instruct the public with respect
to the uses, healthful properties, and nutritional value of honey.
   (d) Educate and instruct the general public and beekeepers with
respect to proper methods of behaving around honeybee colonies and
using honeybees as pollination units, and for producing bees, honey,
or hive products.
   (e) Make market surveys and analyses, and present facts to, and
negotiate with, state, federal, and foreign agencies on matters that
affect the marketing of pollination units, bees, honey, or hive
products.
   (f) Make, in the name of the commission, contracts to render
service in formulating and conducting plans and programs, and any
other contracts or agreements the commission determines necessary for
the promotion of the beekeeping industry.
   (g) Conduct, and contract with others to conduct, scientific
research, including the study, analysis, dissemination, and
accumulation of information obtained from research or elsewhere
respecting colony health and production, marketing, and distribution
of pollination units, bees, honey, or hive products.
   (h) Collect information and publish and distribute to producers a
bulletin or other communication for dissemination of information,
including, but not limited to, crop statistics relating to the
beekeeping industry.
   (i) Prescribe the form and manner by which proponents and
opponents of the commission may contact producers so long as all
expenses associated with the contacts are paid in advance.
   79452.  (a) To prevent unfair trade practices which are
detrimental to California's apiary industry, including, but not
limited to, deception and misinformation, the commission shall
collect and disseminate to any and all interested persons market
price information based on sales that have occurred.
   (b) The procedure for the collection and dissemination of the
information pursuant to this section shall be approved by the
secretary.

      Article 5.  Implementation and Voting Procedures


   79461.  (a) Within 15 days after the effective date of this
chapter, the secretary shall establish a list of producers eligible
to vote on the implementation of this chapter. In establishing the
list, the secretary shall require that producers in California submit
the names, mailing addresses, and the volume of pollination units,
bees, honey, or hive products produced by each producer during the
preceding marketing season.
   (b) Any producer whose name does not appear on the secretary's
list may have his or her name placed on the list by filing with the
secretary a signed statement identifying himself or herself as a
producer. Failure to be on the list does not exempt the producer from
paying assessments under this chapter.
   79462.  This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds either of the following in a referendum vote
conducted by the secretary:
   (a) Sixty-five percent of the producers who voted in the
referendum voted in favor of this chapter, and the producers so
voting produced a majority of the total quantity of pollination
units, bees, honey, or hive products produced in the preceding
marketing season by all of the producers voting in the referendum.
   (b) A majority of the producers who voted in the referendum voted
in favor of this chapter, and the producers so voting produced 65
percent or more of the total quantity of pollination units, bees,
honey, or hive products produced in the preceding marketing season by
all of the producers voting in the referendum.
   79463.  The secretary shall establish a period in which to conduct
the referendum which shall not be less than 10 days or more than 60
days in duration and may prescribe additional procedures necessary to
conduct the referendum. If the initial period established is less
than 60 days, the secretary may extend the period. However, the total
referendum period may not exceed 60 days.
   79464.  Nonreceipt of a ballot shall not invalidate a referendum.
   79465.  If the secretary finds that a favorable vote has been
given as provided in Section 79462, he or she shall so certify and
give notice of the vote to all producers whose names and addresses
are on file with the secretary.
   79466.  If the secretary finds that a favorable vote has not been
given as provided in this article, he or she shall so certify and
declare this chapter inoperative. The secretary may conduct another
implementation referendum vote one or more years after the previous
vote has been taken.
   79467.  (a) Upon certification of the commission, the secretary
shall contact all producers in a manner determined by the secretary
for the purpose of nominating and electing persons to the commission.
To be eligible for election to the commission, nominees shall
present to the secretary a nomination petition with the signatures of
at least three eligible persons.
   (b) Subsequent to the first selection of members of the
commission, persons to be elected to the commission shall be selected
pursuant to nomination and election procedures established by the
commission with the concurrence of the secretary.
   79468.  Prior to the referendum vote conducted by the secretary
pursuant to this article, the proponents of the commission shall
deposit with the secretary an amount of funds determined necessary by
the secretary to defray the expenses of preparing the necessary
lists and information and conducting the vote. Any funds not used for
this purpose shall be returned to the proponents of the commission
who deposited the funds with the secretary. Upon establishment of the
commission, the commission may reimburse the proponents of the
commission for any funds deposited with the secretary and for any
legal expenses and costs incurred in establishing the commission.

      Article 6.  Assessments and Records


   79471.  The commission shall, not later than March 1of each year,
or as soon thereafter as possible, establish the assessment to be
paid by the producers for the marketing season. The assessment shall
not be more than one dollar ($1) per colony.
   79472.  All proprietary information obtained by the commission or
the secretary from any source, including the names and addresses of
producers, shall be confidential and shall not be disclosed except
when required by court order in a judicial proceeding.
   79473.  Any assessment that is levied as provided in this chapter
is a personal debt of every producer so assessed.
   79474.  Any person who fails to file a return or pay any
assessment within the time required by the commission shall pay to
the commission a penalty of 10 percent of the amount of the
assessment determined to be past due and, in addition, interest on
the unpaid balance at the rate of 1.5 percent per month.

      Article 7.  Actions and Penalties


   79481.  It is a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both fine and imprisonment, for any
person to willfully render or furnish a false report, statement, or
record required by the commission, or in any way to affect the
shipment and marketing of pollination units, bees, honey, or hive
products in order to avoid payment of assessments.
   79482.  The commission shall establish procedures for the purpose
of according individuals aggrieved by its actions or
                          determinations an informal hearing before
the commission, or before a committee of the commission designated
for this purpose. Appeals from decisions of the commission may be
made to the secretary. The determination of the secretary shall be
subject to judicial review upon petition filed with the appropriate
superior court.
   79483.  (a) The commission may commence civil actions and utilize
all remedies provided in law or equity for the collection of
assessments and civil penalties, and for obtaining injunctive relief
or specific performance, relating to this chapter and the rules and
regulations adopted under this chapter. A court shall issue to the
commission any requested writ of attachment or injunctive relief upon
a prima facie showing by verified complaint that a named defendant
has violated this chapter or any other rule or regulation of the
commission, including, but not limited to, the nonpayment of
assessments. No bond shall be required to be posted by the commission
as a condition for the issuance of any writ of attachment or
injunctive relief.
   (b) Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business regarding pollination units, bees,
honey, or hive products until there is full compliance with, and
satisfaction of, the judgment.
   79484.  Any action by the commission for any penalty or other
remedy that is prescribed under this chapter shall be commenced
within two years from the date of discovery of the alleged violation.
Any action against the commission by any person shall be commenced
within two years from the date of the alleged violation.
   79485.  The commission is not required to allege or prove that an
adequate remedy at law does not exist in any action brought under
this chapter.
   79486.  This chapter shall be liberally construed. If any section,
clause, or part of this chapter is for any reason held
unconstitutional or invalid as applied to any person or as applied
under certain circumstances, that decision shall not affect the
remaining portions of this chapter or the application of this chapter
to any other persons or under any other circumstance.
   79487.  The termination of this chapter shall not affect or waive
any right, duty, obligation, or liability that has arisen or that may
thereafter arise in connection with this chapter, release or
extinguish any violation of this chapter, or affect or impair any
right or remedies of the commission with respect to any violation.

      Article 8.  Continuation or Suspension and Termination


   79491.  (a) Five years after implementation of this chapter, the
secretary shall hold a public hearing, after providing proper notice
to all persons subject to this chapter and any other persons or
entities who have requested, in writing, notice of the hearing, to
determine whether the operation of this chapter should be continued.
If the secretary finds after the hearing that a substantial question
exists among the persons assessed under this chapter regarding
whether the operation of this chapter should be continued, the
secretary shall submit the chapter to a reapproval referendum to be
conducted among producers to determine whether the operations of this
chapter shall be reapproved and continued in effect.
   (b) If the secretary finds after conducting a hearing that no
substantial question exists or, if a reapproval referendum is
required, that a majority of the eligible producers voting in the
referendum voted in favor of continuing the operations of this
chapter, the secretary shall so certify and this chapter shall remain
operative. If the secretary finds that a favorable vote has not been
given, he or she shall so certify and declare the operation of this
chapter and the commission suspended upon the expiration of the
current marketing season. Thereupon, the operations of the commission
shall be concluded and funds distributed in the manner provided in
Section 79494.
   79492.  Following a hearing, and favorable referendum if required,
the process specified in Section 79491 shall be conducted by the
secretary every five years thereafter between March 1 and February
28, unless a referendum is conducted as the result of a petition
pursuant to Section 79493. In that case, the hearing, and referendum
if required, shall be conducted every five years following the
industry petitioned referendum.
   79493.  (a) Upon a finding by 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 commission be suspended. Any suspension shall not become
effective until the expiration of the current marketing season.
   (b) The secretary shall, upon receipt of a recommendation, or may,
after a public hearing to review a petition filed with him or her
requesting such suspension, signed by 20 percent of the producers by
number who produced not less than 20 percent of the volume in the
immediately preceding marketing season, cause a referendum to be
conducted among the listed producers 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 this chapter has not
effectuated its declared purposes.
   (c) The secretary shall establish a referendum period, which shall
not be less than 10 or more than 60 days in duration. The secretary
may prescribe additional procedures 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 the operation of this chapter, if the
secretary finds that at least 40 percent of the total number of
producers from the list established by the secretary participate, and
that either of the following occurs:
   (1) Sixty-five percent of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
produced a majority of the total quantity of pollination units, bees,
honey, or hive products produced in the preceding marketing season
by all of the producers voting in the referendum.
   (2) A majority of the producers who voted in the referendum voted
in favor of suspension, and the producers so voting produced 65
percent or more of the total quantity of pollination units, bees,
honey, or hive products produced in the preceding marketing season by
all of the producers voting in the referendum.
   79494.  After the effective date of suspension of this chapter and
of the commission, the operations of the commission shall be
concluded and all moneys held by the commission, and moneys collected
by assessment and not required to defray the expenses of concluding
and terminating operations of the commission, shall be returned on a
pro rata basis to all persons from whom assessments were collected in
the immediately preceding current marketing season. However, if the
commission finds that the amounts returnable are so small as to make
impractical the computation and remitting of the pro rata refund to
those persons, any moneys remaining and any moneys remaining after
payment of all expenses of winding up and terminating operations
shall be withdrawn from the approved depository and paid into an
appropriate state or federal program or used to fund activities
related to the subject matter of this chapter.
   79495.  Upon suspension of the operation of this chapter and of
the commission, the commission shall mail a copy of the notice of
suspension to all producers affected by the suspension whose names
and addresses are on file.

      Article 9.  Quality Standards


   79501.  The commission may recommend to the secretary that he or
she adopt honey and pollinating unit standards or engage in any other
activity authorized pursuant to the California Marketing Act of 1937
(Chapter 1 (commencing with Section 58601) of Part 2 of Division
21). The adoption of standards or any of these activities shall be in
accordance with the procedures specified in that act unless
otherwise specified in this article.
   79502.  Any activity recommended by the commission shall not
become operative until approved in the manner specified in Section
79462.
   79503.  Any activity adopted pursuant to this article shall be
implemented by the secretary at the beginning of the marketing season
next succeeding the date on which the activity is approved by the
secretary.
   79504.  The commission shall serve as the advisory body to the
secretary on all matters pertaining to this article. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.