How long does it take a state agency to count somewhat over 400 votes in a single-issue, yes/no referendum?
For the California Department of Food and Agriculture (CDFA), the answer to that question re-mains in limbo. On September 10, CDFA finalized receipt of votes by Grade A dairy producers in the latest statewide referendum determining the fate of the controversial Quota Implementation Plan (QIP).
At press time for The Milkweed (October 8), no results had been announced from CDFA.
The QIP program – put in place in 11/1/2018 replaced California’s historic milk quota program. Sim-ply stated: QIP deducts 39 cents per hundredweight from all Grade A dairy producers’ milk and returns$1.70/cwt. to about 350 quota holders. QIP is based on pounds of milk fat.
The latest referendum is one of three such votes conducted by CDFA, as well as other petitions for referenda that CDFA and the Producers Review Board (PRB) denied for various reasons. Critics label QIP an illegal “taking” of money. Quota holders defend their holdings as an asset. Important to note: California’s administrative code does not recognize QIP. When QIP was created, a CDFA lawyer – Michele Dias— claimed that the CDFA program did not follow the Regulatory Process and they did not follow the state’s Administrative Procedures Act. That is how the QIP is operating today … seemingly without legal basis.
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As noted, voting was concluded on September 10. QIP supporters apparently strategized that by ab-staining from the vote, the required quorum of 51% of Grade A producers could not be achieved. The abstention strategy may have backfired.
On September 9, the day before the vote closed, Craig Gordon – a Chino, California dairy producer and hay dealer, who is a long term critic of QIP –hand-delivered 54 additional votes to CDFA’s headquarters in Sacramento. Gordon was led to believe that prior to his arrival, votes totaling only 48% of those eligible had been filed. The additional 54 votes he brought in on September 9 likely pushed the percentage of eligible voters up to around 55% – enough to meet the legal quota needs.
At the time the latest QIP referendum was called, there were 775 eligible Grade A California dairy producers in the last referendum, conducted in early 2025. During 2025, California has probably seen 50 dairies close.
So how long does it take CDFA officials to count 400+ yes/no votes? Indications are that CDFA may announce the results in early November. No doubt, in some back room at CDFA headquarters, staffers are using the latest forensic tools to test the legality of certain ballots.
Besides the outstanding referendum results, QIP faces two new legal challenges … with another one lingering around the Appellate Court level. More legal challenges may follow.
This article was originally printed in the October 25, 2025 edition of The Milkweed.
