CDFA won’t reconsider decision on quota vote
hearing to consider the Stop QIP petition wasnotheldunder thestateAdministrative Procedures Act but rather under the de- partment’sownpublichearingprocedures, whichdonot allow for reconsideration. The group petitioned CDFA earlier this year to hold a referendum to suspend Chapter 3.5 of the Food and Agricultural Code,whichwouldalsosuspendthequota implementationplanorQIP.Ahearingwas conducted in June toconsider thepetition and whether the referendumprocedures in Chapter 3.5 would allow CDFA to sus- pend theQIP.
Chapter 3.5 requires only a simple-ma- jority vote to continue the QIP, where- by an unfavorable vote of 49.1% would suspendCDFA authority to collect quota assessments, effectively suspending the QIP by default. Producers in favor of keeping quota say terminating the QIP should require a 65% super-majority vote, the same threshold under which the programwas approved. In his July ruling, Administrative Law Judge Timothy Aspinwall called the Stop
ByChing Lee TheCaliforniaDepartment of Foodand Agriculturehasdeniedamotion for recon- siderationbyagroupofdairy farmers seek- ingaproducer referendumtosuspend the state’smilk-quota program. In a letter last week to the group Stop QIP, CDFA said itsmotionwas denied be- cause the department’s “procedures do
notallowfor reconsideration”andbecause the group “has not presented any ground for reconsideration.” Stop QIP sought reconsideration of an administrative law judge decision in July that recommendedCDFAdeny thegroup’s petition for referendum. Specifically, CDFA said it denied the motion for reconsideration because the
See DAIRY, Page 13
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August 19, 2020 Ag Alert 9
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