§ 6209. Initial 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. 1990

   Lime Research, Promotion, and Consumer Information Act of 1990

   Pub. L. 101–624 title XIX § 1960 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6209

   Pub. L. 101–624, title XIX, § 1960, Nov. 28, 1990, 104 Stat. 3879

   Source evidence

   Code source credit
   Pub. L. 101–624, title XIX, § 1960, Nov. 28, 1990, 104 Stat. 3879

   Enacted provision · exact public law section
   SEC. 1960. INITIAL REFERENDUM. (a) Requirement.— Not later than 2 years after the date on which the Secretary first issues an order under section 1954(a), the Secretary shall conduct a referendum among producers, producer-handlers, and importers who— (1) are not exempt from assessment under section 1955(d)(5); and (2) produced or imported limes during a representative period as determined by the Secretary. (b) Purpose of Referendum.— The referendum referred to in subsection (a) is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority. (c) Confidentiality.— The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this section, or section 1961, shall be held strictly confidential and shall not be disclosed. (d) Refund of Assessments From Escrow Account.— (1) In general.— A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent. (2) Approval of order.— If the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a), the funds in the escrow account shall be released to be used for the purposes of this subtitle. (3) Disapproval of order.— (A) Proration.— If— (i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and (ii) the plan is not approved pursuant to the referendum conducted under subsection (a); the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund. (B) Right to refund.— A producer, producer-handler, or importer shall be eligible to receive a refund— (i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and (ii) on submission of proof satisfactory to the Board that the person paid the assessment for which refund is sought and did not collect the assessment from another person. (C) Surplus funds.— Any funds not refunded under this paragraph shall be released to be used to carry out this subtitle.

2. 1993

   Lime Research, Promotion, and Consumer Information Improvement Act

   Pub. L. 103–194 § 5 · 107 Stat. 2294

   Substituted · 7 U.S.C. § 6209(a)

   Pub. L. 103–194 substituted “Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title,” for “Not later than 2 years after the date on which the Secretary first issues an order under section 6203(a),”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–194 substituted “Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title,” for “Not later than 2 years after the date on which the Secretary first issues an order under section 6203(a),”.

   Enacted provision · exact public law section
   SEC. 5. INITIAL REFERENDUM. Section 1960(a) of the Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6209(a)) is amended by striking “Not later than 2 years after the date on which the Secretary first issues an order under section 1954(a),” and inserting “Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 1955(d),”.

2 of 2 references resolved to an enrolled provision