7 USC 7417 - Referenda

U.S Code last checked for updates: Nov 22, 2024

§ 7417.

Referenda

(a)

Initial referendum

(1)

Optional referendum

For the purpose of ascertaining whether the persons to be covered by an order favor the order going into effect, the order may provide for the Secretary to conduct an initial referendum among persons to be subject to an assessment under section 7416 of this title who, during a representative period determined by the Secretary, engaged in—

(A)

the production or handling of the agricultural commodity covered by the order; or

(B)

the importation of the agricultural commodity.

(2)

Procedure

(b)

Required referenda

(1)

In general

For the purpose of ascertaining whether the persons covered by an order favor the continuation, suspension, or termination of the order, the Secretary shall conduct a referendum among persons subject to assessments under section 7416 of this title who, during a representative period determined by the Secretary, have engaged in—

(A)

the production or handling of the agricultural commodity covered by the order; or

(B)

the importation of the agricultural commodity.

(2)

Time for referendum

(3)

Exception

(c)

Subsequent referenda

The Secretary shall conduct a subsequent referendum—

(1)

not later than 7 years after assessments first begin under the order;

(2)

at the request of the board established under the order; or

(3)

at the request of 10 percent or more of the number of persons eligible to vote under subsection (b)(1);

to determine if the persons favor the continuation, suspension, or termination of the order.

(d)

Other referenda

(e)

Approval of order

An order may provide for its approval in a referendum—

(1)

by a majority of those persons voting;

(2)

by persons voting for approval who represent a majority of the volume of the agricultural commodity; or

(3)

by a majority of those persons voting for approval who also represent a majority of the volume of the agricultural commodity.

(f)

Costs of referenda

(g)

Manner of conducting referenda

(1)

In general

(2)

Advance registration

(3)

Voting

(4)

Notice

(Pub. L. 104–127, title V, § 518, Apr. 4, 1996, 110 Stat. 1043.)

cite as: 7 USC 7417