62750-62756
FOOD AND AGRICULTURAL CODE
SECTION 62750-62756
62750. Notwithstanding any provision of Chapter 3 (commencing with
Section 62700) in conflict with this section or any pooling plan for
market milk in effect under that chapter, effective January 1, 1994,
each producer shall be paid the amounts determined in accordance with
this section for his or her pool quota production and for all
production in excess of his or her pool quota.
(a) For all milk fat, whether or not equal to his or her pool
quota, an amount determined by dividing the value of all milk fat in
the pool by the amount of milk fat produced.
(b) Transportation allowances that are provided for in the pooling
plan shall not be deducted from the quota milk of any region, but
shall be deducted from the total solids not fat pool revenue before
any price is determined for quota and nonquota solids not fat.
(c) Regional quota adjusters shall continue to be subtracted from
the quota price in the established areas as specified in the pooling
plan for market milk. However, the hundredweight price specified
shall be converted to a solids not fat equivalent value, and the
adjustments for the effect of those regional quota adjusters shall be
applied to the solids not fat revenue.
(d) After taking into consideration the effect of the regional
quota adjusters, the solids not fat announced quota price for those
areas in which there is no regional quota adjuster shall be nineteen
and one-half cents ($0.195) per pound greater than the announced
solids not fat price for all milk produced in excess of pool quota.
62750.1. In calculating the pool value, the volume of milk that has
been classified as restricted use market milk shall be credited to
the handler at the class 4a or class 4b price, whichever is lower.
62751. Except as provided in Section 62756, this chapter shall
remain operative until the secretary certifies to the Secretary of
State that producers have voted in a referendum to suspend the
operation of this chapter.
62752. The secretary may hold a public hearing at any time to
consider whether this chapter shall be suspended, and shall hold a
public hearing to review a petition requesting the suspension of this
chapter signed by not less than 25 percent of the producers who
produced not less than 25 percent of the total amount of fluid milk
produced in this state during the preceding calendar month.
62753. The secretary shall establish a period of 60 days in which
to conduct the referendum. The secretary may extend the referendum
period an additional 30 days if he or she determines that the
additional time is needed to adequately conduct the referendum, and
may prescribe additional procedures necessary to conduct the
referendum.
62754. (a) Each producer shall have one vote and the vote shall be
individually cast in order to prevent block voting. The secretary
shall prepare a ballot. The ballot form shall be substantially as
follows:
Ballot
Shall Chapter 3.5 (commencing with Section 62750) of Part 3 of
Division 21 of the Food and Agricultural Code be continued in effect
Yes No
(b) In addition, the ballot shall include a statement of the voter'
s total production during the calendar month next preceding the month
of the commencement of the referendum period, where and to whom that
production was sold or otherwise disposed, and the producer's name
and address and pooling numbers.
62755. (a) The secretary shall find that producers have assented to
the continued operation of this chapter if the secretary finds on a
statewide basis that not less than 51 percent of the total number of
eligible producers in the state have voted in the referendum and that
51 percent or more of the total number of eligible producers who
voted in the referendum and who produced 51 percent or more of the
total amount of fluid milk produced in the state during the calendar
month next preceding the month of the commencement of the referendum
period by all producers who voted in the referendum, approve the
continued operation of this chapter.
(b) If the secretary finds that a vote favorable to the continued
operation of this chapter has not been given, the secretary shall so
certify to the Secretary of State and shall declare this chapter
inoperative.
(c) The secretary may reveal the names of producers whose votes
have been received to both proponents and opponents of the continued
operation of this chapter. However, whether individual producers
voted for or against the continued operation of this chapter shall be
kept confidential.
62756. (a) If the continued operation of this chapter is not
approved, the secretary shall continue in operation the pooling plan
in effect on December 31, 1993.
(b) Notwithstanding Section 62751, this section shall remain
operative notwithstanding a vote by producers to suspend the
operation of this chapter.