Title 7 — Agriculture
Chapter 79 — Pork Promotion, Research, and Consumer Information
§ 4812. Suspension and termination of orders
Statutory text
Authority of Secretary
If after the initial referendum provided for in section 4811(a) of this title the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.
Referendum to terminate or suspend; eligible voters; requirements for approval; termination or suspension date; one referendum within 2-year period
Except as provided in paragraph (2), after the initial referendum provided for in section 4811(a) of this title, on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum 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 not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and
terminate the order in an orderly manner as soon as practicable after the date of such determination.
Except with respect to a referendum required to be conducted under section 4811 of this title, the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this chapter in a 2-year period.
Termination or suspension not to be considered an order
The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter.
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.
Pork Promotion, Research, and Consumer Information Act of 1985
Pub. L. 99–198 title XVI § 1623 · 99 Stat. 1354
Enacted · 7 U.S.C. § 4812
(Pub. L. 99–198, title XVI, § 1623, Dec. 23, 1985, 99 Stat. 1618.)
Source evidence
Code source credit
(Pub. L. 99–198, title XVI, § 1623, Dec. 23, 1985, 99 Stat. 1618.)Enacted provision · exact public law section
Sec. 1623. suspension and termination of orders (a) If after the initial referendum provided for in section 1622(a) the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this subtitle, the Secretary shall terminate or suspend the operation of such order or provision. (b) (1) (A) Except as provided in paragraph (2), after the initial referendum provided for in section 1622(a), on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum to determine whether the producers and importers favor the termination or suspension of the order. (B) The Secretary shall— (i) suspend or terminate collection of assessments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and (ii) terminate the order in an orderly manner as soon as practicable after the date of such determination. (2) Except with respect to a referendum required to be conducted Prohibition. Ante, p. 1618. under section 1622, the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this subtitle in a 2-year period. (c) The termination or suspension of an order, or a provision of an Prohibition. order, shall not be considered an order within the meaning of this subtitle.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.