1. (a) Procedures for a mandated hearing to amend or terminate a stabilization and marketing plan are stated in Section 62032 of the Food and Agricultural Code. Procedures for a mandated hearing to terminate the milk pooling plan are stated in Section 62717 of the Food and Agricultural Code. In addition to the procedures laid out in Section 2080.2 to adopt, amend or terminate stabilization and marketing plans or the milk pooling plan, interested procedures may petition the secretary requesting a mandated hearing to amend or terminate a stabilization and marketing plan or to terminate the milk pooling plan. The petition shall be submitted using the format available from the Department, as specified herein. The format shall be laid out so the petition shall clearly and concisely give:

   1. (1) a brief description of the requested changes including a copy of the suggested language to amend the plan;
   2. (2) specifications as to why the petitioner recommends the proposed changes including relevant analysis, comments and data supporting the request; and
   3. (3) the authority of the secretary to take the action requested.

2. (b) Upon receipt of such petition at the designated Departmental office, the secretary shall notify the petitioner in writing of its receipt. The secretary shall also notify all interested parties of record in writing of the receipt of the petition. Within 60 days of the receipt of the petition, the secretary shall notice the mandated hearing provided that:

   1. (1) the petition meets all the requirements of subsection (a) of this Section;

      and

   2. (2) the petition clearly shows the number of market milk producers who have signed the petition and/or are being represented by a petitioning cooperative, including their names and producer numbers issued by the Milk Pooling Branch (or their address if they have no such number), as well as the volume of milk produced individually by such producers for the latest available month; the number of producers and volume of milk shall be tabulated by the marketing areas the producers' milk is shipped into;

      and

   3. (3) both the number of producers and volume of milk equals or exceeds 55 percent (25 percent for a pooling hearing) of the number of producers shipping into and volume of milk being shipped into each of the marketing areas affected by the petition;

      and

   4. (4) in addition, for any nonprofit agricultural cooperative marketing association petitioning, the petition shall be signed by the board of directors or, with proof of authority, by a person so delegated by that board and the petition shall attach proof that the board has been granted specific or general authority by its members to petition the secretary.
3. (c) If the petition does not meet all the requirements of subsection (b) of this Section, then it shall be subject to the provisions of Section 2080.2, except that the secretary shall have 60 days rather than 15 days from the petition's receipt at the designated office to either schedule the matter for public hearing or deny that petition in writing indicating why the secretary has reached such a decision on the merits of the petition.

Note: Authority cited: Sections 407, 61891, 62032 and 62717, Food and Agricultural Code. Reference: Sections 61903, 61991-61998, 62031 and 62705, Food and Agricultural Code.

History

1. Amendment of subsection (f) filed 6-12-79; effective thirtieth day thereafter (Register 79, No. 24).

2. Repealer of reproduction of Food and Agriculture Code section 61903 filed 12-15-82 by OAL pursuant to Government Code section 11349.7(j) (Register 82, No. 51).

3. Amendment of Note filed 9-1-83; effective thirtieth day thereafter (Register 83, No. 36).

4. Amendment of subsection (i) filed 9-12-84; designated effective 11-1-84 (Register 84, No. 37).

5. Change without regulatory effect amending subsections (g) and (i) filed 8-16-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 44).

6. Repealer and new section filed 7-2-96; operative 8-1-96 (Register 96, No. 27).