§ 1336. Referendum

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1938

   Agricultural Adjustment Act of 1938

   Pub. L. 75–30 · 52 Stat. 31

   Enacted · 7 U.S.C. § 1336

   Feb. 16, 1938, ch. 30, title III, § 336, 52 Stat. 55

   Source evidence

   Code source credit
   Feb. 16, 1938, ch. 30, title III, § 336, 52 Stat. 55

2. 1961

   Pub. L. 87–104 · 75 Stat. 220

   Inserted · 7 U.S.C. § 1336

   Pub. L. 87–104 inserted provisions for conducting wheat marketing quota referendum for marketing year beginning July 1, 1962, not later than August 26, 1961

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 87–104 inserted provisions for conducting wheat marketing quota referendum for marketing year beginning July 1, 1962, not later than August 26, 1961.

3. 1961

   Agricultural Act of 1961

   Pub. L. 87–128 title I § 122(f) · 75 Stat. 294

   Changed · 7 U.S.C. § 1336

   Pub. L. 87–128 prohibited farmers who have not produced in excess of 13.5 acres of wheat in at least one of the years 1959, 1960, or 1961 from voting in the referendum conducted with respect to the national marketing quota for the marketing year beginning July 1, 1962

   Source evidence

   Code amendment note
   Pub. L. 87–128 prohibited farmers who have not produced in excess of 13.5 acres of wheat in at least one of the years 1959, 1960, or 1961 from voting in the referendum conducted with respect to the national marketing quota for the marketing year beginning July 1, 1962.

   Enacted provision · exact public law section
   (f) Section 336 of the Agricultural Adjustment Act of 1938, as Referendum. amended (7 U.S.C. 1336), is amended by adding at the end thereof the following: “Notwithstanding any other provision hereof, farmers who have not produced in excess of 13.5 acres of wheat in at least one of the years 1959, 1960, or 1961 shall not be entitled to vote in the referendum conducted with respect to the national marketing quota for the marketing year beginning July 1, 1962.”

4. 1962

   Pub. L. 87–540 · 76 Stat. 170

   Inserted · 7 U.S.C. § 1336

   Pub. L. 87–540 inserted provisions for conducting wheat marketing quota referendum for marketing year beginning July 1, 1963, not later than August 31, 1962

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 87–540 inserted provisions for conducting wheat marketing quota referendum for marketing year beginning July 1, 1963, not later than August 31, 1962.

5. 1962

   Food and Agriculture Act of 1962

   Pub. L. 87–703 title III § 316 · 76 Stat. 605

   Substituted · 7 U.S.C. § 1336

   Pub. L. 87–703 substituted provisions for a referendum to be held not later than sixty days after publication in the Federal Register of national marketing quota proclamation to determine if the farmers favor or oppose the quota for the year or years for which proclaimed, making producers on farms having farm acreage allotments eligible to vote except farmers with small farm base acreage for which the operator did not elect to be subject to the program, directing results of referendum to be proclaimed within 30 days after date of referendum for provisions for referendum between date of proclamation of national marketing quota and July 25, making farmers, who produced more than 15 acres of wheat eligible to vote, excluding farmers who obtained the feed wheat exemption for the immediately preceding crop, permitting such referendum for marketing year beginning July 1, 1962, to be held not later than Aug. 26, 1961, and excluding farmers from voting in the 1961 referendum who had not produced in excess of 13.5 acres of wheat in at least one of the years 1959, 1960, or 1961 and permitting such referendum for marketing year beginning July 1, 1963, to be held not later than Aug. 31, 1962

   Source evidence

   Code amendment note
   Pub. L. 87–703 substituted provisions for a referendum to be held not later than sixty days after publication in the Federal Register of national marketing quota proclamation to determine if the farmers favor or oppose the quota for the year or years for which proclaimed, making producers on farms having farm acreage allotments eligible to vote except farmers with small farm base acreage for which the operator did not elect to be subject to the program, directing results of referendum to be proclaimed within 30 days after date of referendum for provisions for referendum between date of proclamation of national marketing quota and July 25, making farmers, who produced more than 15 acres of wheat eligible to vote, excluding farmers who obtained the feed wheat exemption for the immediately preceding crop, permitting such referendum for marketing year beginning July 1, 1962, to be held not later than Aug. 26, 1961, and excluding farmers from voting in the 1961 referendum who had not produced in excess of 13.5 acres of wheat in at least one of the years 1959, 1960, or 1961 and permitting such referendum for marketing year beginning July 1, 1963, to be held not later than Aug. 31, 1962.

   Enacted provision · exact public law section
   Sec. 316. Section 336 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended to read as follows: 52 Stat. 55. 7 USC 1336. “Sec. 336. “referendum If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than sixty days after such proclamation is published in the Federal Register, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm Ante, p. 621. operator elected pursuant to section 335 to be subject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one-third of the farmers voting in the referendum voted against marketing quotas, the Secretary shall proclaim that marketing quotas will not be in effect with respect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farmers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subsequent year or years of such period.”

6. 1964

   Agricultural Act of 1964

   Pub. L. 88–297 title II § 202(6) · 78 Stat. 173

   Substituted · 7 U.S.C. § 1336

   Pub. L. 88–297 substituted “not later than August 1 of the calendar year in which such national marketing quota is proclaimed” for “not later than sixty days after such proclamation is published in the Federal Register”

   Source evidence

   Code amendment note
   Pub. L. 88–297 substituted “not later than August 1 of the calendar year in which such national marketing quota is proclaimed” for “not later than sixty days after such proclamation is published in the Federal Register”.

   Enacted provision · exact public law section
   (6) Section 336 is amended by striking out “not later than sixty 76 Stat. 621. 7 USC 1336 and note. days after such proclamation is published in the Federal Register” and substituting “not later than August 1 of the calendar year in which such national marketing quota is proclaimed”.

7. 1965

   Pub. L. 89–82 · 79 Stat. 258

   Changed · 7 U.S.C. § 1336

   Pub. L. 89–82 extended until 30 days after adjournment sine die of the first session of the 89th Congress the time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1966 crop of wheat, if marketing quotas are to be in effect for that crop

   Source evidence

   Code amendment note
   Pub. L. 89–82 extended until 30 days after adjournment sine die of the first session of the 89th Congress the time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1966 crop of wheat, if marketing quotas are to be in effect for that crop.

8. 1970

   Pub. L. 91–348 · 84 Stat. 448

   Changed · 7 U.S.C. § 1336

   Pub. L. 91–348 extended the time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1971 crop of wheat, if marketing quotas are to be in effect for that crop, to the earlier of thirty days after adjournment sine die of the second session of the ninety-first Congress or October 15, 1970

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 91–348 extended the time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1971 crop of wheat, if marketing quotas are to be in effect for that crop, to the earlier of thirty days after adjournment sine die of the second session of the ninety-first Congress or October 15, 1970.

9. 1970

   Pub. L. 91–455 · 84 Stat. 969

   Inserted · 7 U.S.C. § 1336

   Pub. L. 91–455 inserted provision extending until 30 days after adjournment sine die of the second session of the 91st Congress the time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1971 crop of wheat, if marketing quotas are to be in effect for that crop

   Source evidence

   Code amendment note
   Pub. L. 91–455 inserted provision extending until 30 days after adjournment sine die of the second session of the 91st Congress the time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1971 crop of wheat, if marketing quotas are to be in effect for that crop.

10. 1973

    Pub. L. 93–68 · 87 Stat. 161

    Changed · 7 U.S.C. § 1336

    Pub. L. 93–68 extended time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1974 crop of wheat, if marketing quotas are to be in effect for that crop, to the earlier of thirty days after adjournment of the first session of the Ninety-third Congress or Oct. 15, 1973

    Source evidence

    Code amendment note
    Pub. L. 93–68 extended time within which the Secretary of Agriculture is required to conduct a referendum with respect to the 1974 crop of wheat, if marketing quotas are to be in effect for that crop, to the earlier of thirty days after adjournment of the first session of the Ninety-third Congress or Oct. 15, 1973.

11. 1977

    Pub. L. 95–48 · 91 Stat. 229

    Substituted · 7 U.S.C. § 1336

    Pub. L. 95–48 substituted provisions extending the date for the conduct of the referendum with respect to the national marketing for wheat for the marketing year beginning June 1, 1978, by allowing the referendum to be conducted not later than thirty days after the adjournment sine die of the first session of the Ninety-fifth Congress or Oct. 15, 1977, whichever is earlier, for provisions which had set the time limits for the referendums with respect to the national marketing quotas for wheat for the marketing years beginning July 1, 1966, July 1, 1971, and July 1, 1974, respectively

    Source evidence

    Code amendment note
    Pub. L. 95–48 substituted provisions extending the date for the conduct of the referendum with respect to the national marketing for wheat for the marketing year beginning June 1, 1978, by allowing the referendum to be conducted not later than thirty days after the adjournment sine die of the first session of the Ninety-fifth Congress or Oct. 15, 1977, whichever is earlier, for provisions which had set the time limits for the referendums with respect to the national marketing quotas for wheat for the marketing years beginning July 1, 1966, July 1, 1971, and July 1, 1974, respectively.

12. 1981

    Pub. L. 97–24 § 1 · 95 Stat. 143

    1. Substituted · 7 U.S.C. § 1336

       Pub. L. 97–24 substituted “June 1, 1982” for “June 1, 1978”

    2. Substituted · 7 U.S.C. § 1336

       Pub. L. 97–24 substituted “Ninety-seventh Congress” for “Ninety-fifth Congress”

    3. Substituted · 7 U.S.C. § 1336

       Pub. L. 97–24 substituted “October 15, 1981” for “October 15, 1977”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–24 substituted “June 1, 1982” for “June 1, 1978”, “Ninety-seventh Congress” for “Ninety-fifth Congress”, and “October 15, 1981” for “October 15, 1977”.

13. 1981

    Pub. L. 97–62 · 95 Stat. 1010

    Substituted · 7 U.S.C. § 1336

    Pub. L. 97–62 and Pub. L. 97–67 made identical amendments providing for substitution of “November 15, 1981” for “October 15, 1981” in sentence covering the date of the referendum for the national marketing quota for wheat for the marketing year beginning June 1, 1982

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–62 and Pub. L. 97–67 made identical amendments providing for substitution of “November 15, 1981” for “October 15, 1981” in sentence covering the date of the referendum for the national marketing quota for wheat for the marketing year beginning June 1, 1982.

14. 1981

    Pub. L. 97–77 § 2(b) · 95 Stat. 1069

    Substituted · 7 U.S.C. § 1336

    Pub. L. 97–77 substituted “January 1, 1982” for “November 15, 1981” in sentence covering the date of the referendum for the national marketing quota for wheat for the marketing year beginning June 1, 1982

    Source evidence

    Code amendment note
    Pub. L. 97–77 substituted “January 1, 1982” for “November 15, 1981” in sentence covering the date of the referendum for the national marketing quota for wheat for the marketing year beginning June 1, 1982.

    Enacted provision · exact public law section
    (b) The last sentence of section 336 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1336) is amended by striking out “November 15, Ante, p. 1039. 1981” and inserting in lieu thereof “January 1, 1982”.

15. 1985

    Pub. L. 99–63 · 99 Stat. 119

    Substituted · 7 U.S.C. § 1336

    Pub. L. 99–63 substituted “year beginning June 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress” for “year beginning June 1, 1982, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) January 1, 1982”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–63 substituted “year beginning June 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress” for “year beginning June 1, 1982, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-seventh Congress, or (2) January 1, 1982”.

16. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 306 · 99 Stat. 1354

    Amended · 7 U.S.C. § 1336

    Pub. L. 99–198, temporarily amended section generally. Prior to amendment, section read as follows: “If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than August 1 of the calendar year in which such national marketing quota is proclaimed, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm operator elected pursuant to section 1335 of this title to be subject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one-third of the farmers voting in the referendum voted against marketing quotas, the Secretary shall proclaim that marketing quotas will not be in effect with respect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farmers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subsequent year or years of such period. Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.” See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 99–198, temporarily amended section generally. Prior to amendment, section read as follows: “If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than August 1 of the calendar year in which such national marketing quota is proclaimed, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm operator elected pursuant to section 1335 of this title to be subject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one-third of the farmers voting in the referendum voted against marketing quotas, the Secretary shall proclaim that marketing quotas will not be in effect with respect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farmers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subsequent year or years of such period. Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.” See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 306. referendum Effective only for the 1987 through 1990 crops of wheat, section 336 of the Agricultural Adjustment Act of 1938 (7 U.S.C. Ante, p. 119. 1336) is amended to read as follows: “Sec. 336. “referendum (a) If a national marketing quota for wheat for the marketing quota period is proclaimed, not later than August 1, 1986, the Secretary shall conduct, by mail ballot, a referendum of eligible producers to determine whether they favor or oppose marketing quotas for such period. “(b) Any producer who produced wheat on a farm during at least one of the crop years of the base period shall be eligible to vote in the referendum. “(c) Not later than 30 days after the conduct of such referendum, the Secretary shall proclaim the results of such referendum. “(d) If the Secretary determines that 60 percent or more of the producers voting in the referendum approve marketing quotas, the Secretary shall proclaim that marketing quotas will be in effect for the marketing quota period.”.

    Effective date note
    Pub. L. 99–198, title III, § 306, Dec. 23, 1985, 99 Stat. 1382, provided that the amendment made by Pub. L. 99–198 is effective only for the 1987 through 1990 crops of wheat.

5 of 18 references resolved to an enrolled provision · 13 partial