Title 7 — Agriculture
Chapter 76 — Dairy Research and Promotion
§ 4507. Suspension and termination of orders
Statutory text
Determination by Secretary
After , the Secretary shall, whenever the Secretary finds that any order issued under this subchapter or any provision thereof obstructs or does not tend to effectuate the declared policy of this subchapter, terminate or suspend the operation of such order or such provisions thereof.
Referendum
After , the Secretary may conduct a referendum at any time, and shall hold a referendum on request of a representative group comprising 10 per centum or more of the number of producers and importers subject to the order, to determine whether the producers and importers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period (as determined by the Secretary), have been engaged in the production of milk for commercial use and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary) and shall terminate the order in an orderly manner as soon as practicable after such determination.
Action not considered an order
The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this subchapter.
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.
Dairy Production Stabilization Act of 1983
Pub. L. 98–180 title I § 116 · 97 Stat. 1128
Enacted · 7 U.S.C. § 4507
Pub. L. 98–180, title I, § 116, Nov. 29, 1983, 97 Stat. 1141
Source evidence
Code source credit
Pub. L. 98–180, title I, § 116, Nov. 29, 1983, 97 Stat. 1141Enacted provision · exact public law section
Sec. 116. suspension and termination of orders (a) After September 30, 1985, the Secretary shall, whenever the Secretary finds that any order issued under this subtitle or any provision thereof obstructs or does not tend to effectuate the declared policy of this subtitle, terminate or suspend the operation of such order or such provisions thereof. (b) After September 30, 1985, the Secretary may conduct a referendum at any time, and shall hold a referendum on request of a representative group comprising 10 per centum or more of the number of producers subject to the order, to determine whether the producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period (as determined by the Secretary), have been engaged in the production of milk for commercial use and shall terminate the order in an orderly manner as soon as practicable after such determination. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this subtitle.Pub. L. 107–171 title I § 1505(f) · 116 Stat. 134
Inserted · 7 U.S.C. § 4507(b)
Pub. L. 107–171, which directed amendment of section 116(b) of the Dairy Promotion Stabilization Act of 1983 by inserting “and importers” after “of producers” and after “whether the producers” in first sentence
Inserted · 7 U.S.C. § 4507(b)
Pub. L. 107–171, which directed amendment of section 116(b) of the Dairy Promotion Stabilization Act of 1983 by inserting “and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary)” after “commercial use” in second sentence, was executed by making the insertions in subsec. (b) of this section, section 116 of the Dairy Production Stabilization Act of 1983, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–171, which directed amendment of section 116(b) of the Dairy Promotion Stabilization Act of 1983 by inserting “and importers” after “of producers” and after “whether the producers” in first sentence and inserting “and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary)” after “commercial use” in second sentence, was executed by making the insertions in subsec. (b) of this section, section 116 of the Dairy Production Stabilization Act of 1983, to reflect the probable intent of Congress.Enacted provision · exact public law section
(f) Importer Eligibility To Vote in Referendum.— Section 116(b) of the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is amended— (1) in the first sentence— “(A) by inserting after “of producers” the following: “and importers”; and “(B) by inserting after “the producers” the following: “and importers”; and (2) in the second sentence, by inserting after “commercial use” the following: “and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary)”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
2002—Subsec. (b). Pub. L. 107–171, which directed amendment of section 116(b) of the Dairy Promotion Stabilization Act of 1983 by inserting “and importers” after “of producers” and after “whether the producers” in first sentence and inserting “and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary)” after “commercial use” in second sentence, was executed by making the insertions in subsec. (b) of this section, section 116 of the Dairy Production Stabilization Act of 1983, to reflect the probable intent of Congress.
Credits
1983–2002 · 2 acts
- 1983Pub. L. 98–180, title I, § 116, , 97 Stat. 1141
- 2002Pub. L. 107–171, title I, § 1505(f), , 116 Stat. 209.
Show as published
(Pub. L. 98–180, title I, § 116, , 97 Stat. 1141; Pub. L. 107–171, title I, § 1505(f), , 116 Stat. 209.)