§ 7417. — Referenda.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7417]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND
INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
Sec. 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
The results of the referendum shall be determined in accordance
with subsection (e) of this section. The Secretary may require that
the agricultural commodity industry involved post a bond or other
collateral to cover the cost of the referendum.
(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
The referendum shall be conducted not later than 3 years after
assessments first begin under the order.
(3) Exception
This subsection shall not apply if an initial referendum was
conducted under subsection (a) of this section.
(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) of this section;
to determine if the persons favor the continuation, suspension, or
termination of the order.
(d) Other referenda
The Secretary may conduct a referendum at any time to determine
whether the continuation, suspension, or termination of the order or a
provision of the order is favored by persons eligible to vote under
subsection (b)(1) of this section.
(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
The board established under an order with respect to which a
referendum is conducted under this section shall reimburse the Secretary
for any expenses incurred by the Secretary to conduct the referendum.
(g) Manner of conducting referenda
(1) In general
A referendum conducted under this section shall be conducted in
the manner determined by the Secretary to be appropriate.
(2) Advance registration
If the Secretary determines that an advance registration of
eligible voters in a referendum is necessary before the voting
period in order to facilitate the conduct of the referendum, the
Secretary may institute the advance registration procedures by mail,
or in person through the use of national and local offices of the
Department.
(3) Voting
Eligible voters may vote by mail ballot in the referendum or in
person if so prescribed by the Secretary.
(4) Notice
Not later than 30 days before a referendum is conducted under
this section with respect to an order, the Secretary shall notify
the agricultural commodity industry involved, in such manner as
determined by the Secretary, of the period during which voting in
the referendum will occur. The notice shall explain any registration
and voting procedures established under this subsection.
(Pub. L. 104-127, title V, Sec. 518, Apr. 4, 1996, 110 Stat. 1043.)
Section Referred to in Other Sections
This section is referred to in sections 7413, 7414, 7416, 7421, 7422
of this title.
