7 USC 7805 - Referenda

U.S Code last checked for updates: May 04, 2024

§ 7805.

Referenda

(a)

Requirements for initial referendum

(1)

Referendum required

(2)

Approval of order needed

(b)

Votes permitted

(1)

In general

(2)

Eligibility

(c)

Manner of conducting referenda

(1)

In general

(2)

Advance registration

(3)

Voting

(4)

Notice

(d)

Subsequent 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 producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible producers and importers favor suspension, termination, or continuance of the order; or

(2)

shall conduct a referendum of eligible producers and importers if requested by the Board or by a representative group comprising 30 percent or more of all producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether producers and importers favor suspension, termination, or continuance of the order.

(e)

Suspension or termination

If, as a result of a referendum conducted under subsection (d), 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.

(Pub. L. 106–387, § 1(a) [title XII, § 1206], Oct. 28, 2000, 114 Stat. 1549, 1549A–91.)

cite as: 7 USC 7805