§ 4912. Requirement of 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. 1985

   Watermelon re search and Promotion Act

   Pub. L. 99–198 title XVI § 1653 · 99 Stat. 1354

   Enacted · 7 U.S.C. § 4912

   Pub. L. 99–198, title XVI, § 1653, Dec. 23, 1985, 99 Stat. 1629

   Source evidence

   Code source credit
   Pub. L. 99–198, title XVI, § 1653, Dec. 23, 1985, 99 Stat. 1629

   Enacted provision · exact public law section
   Sec. 1653. requirement of referendum The Secretary shall conduct a referendum among Prohibition. 7 USC 4912. Ante, p. 1623. Ante, p. 1625. producers and handlers not exempt under sections 1643(5) and 1648(b) who, during a representative period determined by the Secretary, have been engaged in the production or handling of watermelons, for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers and handlers. The referendum shall be conducted at the county extension offices. No plan issued under this subtitle shall be effective unless the Secretary determines that the issuance of the plan is approved or favored by not less than two-thirds of the producers and handlers voting in such referendum, or by the producers and handlers of not less than two-thirds of the watermelons produced and handled during the representative period by producers and handlers voting in such referendum, and by not less than a majority of the producers and a majority of the handlers voting in the referendum. The ballots and other information or reports that reveal or tend to reveal the vote of any producer or handler or the person’s volume of watermelons produced or handled shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the Ante, p. 1626. penalties provided in section 1649(c) of this subtitle.

2. 1993

   Watermelon Research and Promotion Improvement Act of 1993

   Pub. L. 103–189 · 107 Stat. 2259

   1. Amended · 7 U.S.C. § 4912

      Pub. L. 103–189 designated existing provisions as subsec. (a)

   2. Substituted · 7 U.S.C. § 4912

      Pub. L. 103–189 added subsec. (b), and in subsec. (a) substituted “, handlers, and importers” for “and handlers” in first sentence

   3. Substituted · 7 U.S.C. § 4912

      Pub. L. 103–189 added subsec. (b), and in subsec. (a) substituted “, handling, or importing” for “or handling” in first sentence

   4. Substituted · 7 U.S.C. § 4912

      Pub. L. 103–189 substituted “, handler, or importer” for “or handler” in sentence beginning with “The ballots”

   5. Substituted · 7 U.S.C. § 4912

      Pub. L. 103–189 substituted “, handled, or imported” for “or handled” in sentence beginning with “The ballots”

   6. Struck · 7 U.S.C. § 4912

      Pub. L. 103–189 struck out after first sentence “The referendum shall be conducted at the county extension offices. No plan issued under this chapter shall be effective unless the Secretary determines that the issuance of the plan is approved or favored by not less than two-thirds of the producers and handlers voting in such referendum, or by the producers and handlers of not less than two-thirds of the watermelons produced and handled during the representative period by producers and handlers voting in such referendum, and by not less than a majority of the producers and a majority of the handlers voting in the referendum.”

   Source evidence

   Code amendment note
   Pub. L. 103–189 designated existing provisions as subsec. (a), added subsec. (b), and in subsec. (a) substituted “, handlers, and importers” for “and handlers” in two places and “, handling, or importing” for “or handling” in first sentence, substituted “, handler, or importer” for “or handler” and “, handled, or imported” for “or handled” in sentence beginning with “The ballots”, and struck out after first sentence “The referendum shall be conducted at the county extension offices. No plan issued under this chapter shall be effective unless the Secretary determines that the issuance of the plan is approved or favored by not less than two-thirds of the producers and handlers voting in such referendum, or by the producers and handlers of not less than two-thirds of the watermelons produced and handled during the representative period by producers and handlers voting in such referendum, and by not less than a majority of the producers and a majority of the handlers voting in the referendum.”

1 of 7 references resolved to an enrolled provision · 6 partial