§ 2623. 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. 1971

   Potato Research and Promotion Act

   Pub. L. 91–670 title III § 314 · 84 Stat. 2040

   Enacted · 7 U.S.C. § 2623

   Pub. L. 91–670, title III, § 314, Jan. 11, 1971, 84 Stat. 2046

   Source evidence

   Code source credit
   Pub. L. 91–670, title III, § 314, Jan. 11, 1971, 84 Stat. 2046

   Enacted provision · exact public law section
   Sec. 314. requirement of referendum The Secretary shall conduct a referendum among producers who, during a representative period determined by the Secretary, have been engaged in the production of potatoes for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers. No plan issued pursuant to this title shall be effective unless the Secretary determines that the issuance of such plan is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum. The ballots and other information or reports which reveal or tend to reveal the vote of any producer or his production of potatoes shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department Penalty. of Agriculture violating the provisions hereof shall upon conviction be subject to the penalties provided in paragraph 310(c) above.

2. 1982

   Potato Research and Promotion Act Amendments of 1982

   Pub. L. 97–244 § 4 · 96 Stat. 310

   1. Redesignated · 7 U.S.C. § 2623

      Pub. L. 97–244 designated existing provisions as subsecs. (a), (b) and (d), in subsec. (a), as so redesignated

   2. Inserted · 7 U.S.C. § 2623

      Pub. L. 97–244 inserted commas after “referendum among producers” and “production of potatoes”

   3. Struck · 7 U.S.C. § 2623

      Pub. L. 97–244 struck out commas after “who” and “determined by the Secretary”

   4. Redesignated · 7 U.S.C. § 2623

      Pub. L. 97–244 substituted “by such producers” for “by producers”, in subsec. (b), as so redesignated

   5. Substituted · 7 U.S.C. § 2623

      Pub. L. 97–244 substituted “under this chapter” for “pursuant to this chapter”

   6. Added · 7 U.S.C. § 2623

      Pub. L. 97–244 added subsec. (c)

   Source evidence

   Code amendment note
   Pub. L. 97–244 designated existing provisions as subsecs. (a), (b) and (d), in subsec. (a), as so redesignated, inserted commas after “referendum among producers” and “production of potatoes”, struck out commas after “who” and “determined by the Secretary”, and substituted “by such producers” for “by producers”, in subsec. (b), as so redesignated, substituted “under this chapter” for “pursuant to this chapter”, and added subsec. (c).

   Enacted provision · exact public law section
   Sec. 4. requirement of referendum Section 314 of the Potato Research and Promotion Act (7 U.S.C. 2623) is amended to read as follows: “Sec. 314. (a) The Secretary shall conduct a referendum among producers, who during a representative period determined by the Secretary have been engaged in the production of potatoes, for the purpose of ascertaining whether the issuance of a plan is approved or favored by such producers. “(b) No plan issued under this title shall be effective unless the Secretary determines that the issuance of such plan is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum. “(c) The failure of potato producers to approve an amendment to any plan issued under this title shall not be deemed to invalidate such plan. “(d) The ballots and other information or reports which reveal or tend to reveal the vote of any producer or his production of potatoes shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall upon conviction be subject to the penalties provided in section 310(c) above.”.

3. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 § 1944(1) · 104 Stat. 3359

   Inserted · 7 U.S.C. § 2623(a)

   Pub. L. 101–624, § 1944(1), inserted at end “When the issuance of a plan would subject importers to the terms and conditions of a plan, the Secretary also shall conduct the referendum among importers, who during a representative period determined by the Secretary have been engaged in the importation of potatoes, for the purpose of ascertaining whether the issuance of such plan is approved or favored by such importers.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–624, § 1944(1), inserted at end “When the issuance of a plan would subject importers to the terms and conditions of a plan, the Secretary also shall conduct the referendum among importers, who during a representative period determined by the Secretary have been engaged in the importation of potatoes, for the purpose of ascertaining whether the issuance of such plan is approved or favored by such importers.”

   Enacted provision · exact public law section
   (1) in subsection (a) by adding at the end the following sentence: “When the issuance of a plan would subject importers to the terms and conditions of a plan, the Secretary also shall conduct the referendum among importers, who during a representative period determined by the Secretary have been engaged in the importation of potatoes, for the purpose of ascertaining whether the issuance of such plan is approved or favored by such importers.”;

4. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 § 1944(2) · 104 Stat. 3359

   Substituted · 7 U.S.C. § 2623(b)

   Pub. L. 101–624, § 1944(2), substituted “a majority of the producers voting in such referendum or a majority of the producers and importers when the issuance of a plan would subject importers to the terms and conditions of a plan, voting in such referendum” for “two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–624, § 1944(2), substituted “a majority of the producers voting in such referendum or a majority of the producers and importers when the issuance of a plan would subject importers to the terms and conditions of a plan, voting in such referendum” for “two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum”.

   Enacted provision · exact public law section
   (2) in subsection (b) by striking “two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum” and inserting “a majority of the producers voting in such referendum or a majority of the producers and importers when the issuance of a plan would subject importers to the terms and conditions of a plan, voting in such referendum”;

5. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 § 1944(3) · 104 Stat. 3359

   Inserted · 7 U.S.C. § 2623(c)

   Pub. L. 101–624, § 1944(3), inserted “and importers” after “producers”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–624, § 1944(3), inserted “and importers” after “producers”.

   Enacted provision · exact public law section
   (3) in subsection (c) by inserting “and importers” after “producers”; and

6. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 § 1944(4) · 104 Stat. 3359

   Inserted · 7 U.S.C. § 2623(d)

   Pub. L. 101–624, § 1944(4), inserted “, or any importer or the volume of potatoes imported by such importer,” after “potatoes”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–624, § 1944(4), inserted “, or any importer or the volume of potatoes imported by such importer,” after “potatoes”.

   Enacted provision · exact public law section
   (4) in subsection (d) by inserting “, or any importer or the volume of potatoes imported by such importer” after “potatoes”.

11 of 11 references resolved to an enrolled provision