7 USC 6806 - Referenda

U.S Code last checked for updates: Apr 28, 2024

§ 6806.

Referenda

(a)

Requirement for initial referendum

(1)

In general

(2)

Approval of order needed

(b)

Votes permitted

(1)

In general

(2)

Eligible separate facility

For the purpose of paragraph (1):

(A)

Separate facility

(B)

Eligibility

(C)

Annual sales determined

(c)

Suspension or termination referenda

If an order is approved in a referendum conducted under subsection (a), effective beginning on the date that is 3 years after the date of the approval, the Secretary—

(1)

at the discretion of the Secretary, may conduct at any time a referendum of qualified handlers required to pay assessments under the order, as provided in section 6804(h)(1) of this title, subject to the voting requirements of subsection (b), to ascertain whether qualified handlers favor suspension or termination of the order; and

(2)

if requested by the PromoFlor Council or by a representative group comprising 30 percent or more of all qualified handlers required to pay assessments under the order, as provided in section 6804(h)(1) of this title, shall conduct a referendum of all qualified handlers required to pay assessments under the order, as provided in section 6804(h)(1) of this title, subject to the voting requirements of subsection (b), to ascertain whether qualified handlers favor suspension or termination of the order.

(d)

Suspension or termination

If, as a result of the referendum conducted under subsection (a), the Secretary determines that the order has not been approved by a simple majority of all votes cast in the referendum, or as a result of a referendum conducted under subsection (c), the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall—

(1)

not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and

(2)

suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner.

(e)

Manner of conducting referenda

(Pub. L. 103–190, § 7, Dec. 14, 1993, 107 Stat. 2284.)

cite as: 7 USC 6806