§ 6413. Requirement of 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

   Fluid Milk Promotion Act of 1990

   Pub. L. 101–624 title XIX § 1999N · 104 Stat. 3359

   Enacted · 7 U.S.C. § 6413

   Pub. L. 101–624, title XIX, § 1999N, Nov. 28, 1990, 104 Stat. 3924

   Source evidence

   Code source credit
   Pub. L. 101–624, title XIX, § 1999N, Nov. 28, 1990, 104 Stat. 3924

   Enacted provision · exact public law section
   SEC. 1999N. REQUIREMENT OF INITIAL REFERENDUM. (a) In General.— Within the 60-day period immediately preceding the effective date of an order issued under section 1999F(a), the Secretary shall conduct a referendum among fluid milk processors to ascertain whether the order shall go into effect. (b) Implementation.— If, as a result of the referendum conducted under subsection (a), the Secretary determines that implementation of the order is favored— (1) by at least 50 percent of fluid milk processors voting in the referendum; and (2) by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors; the order shall become effective as provided in section 1999F(b). (c) Costs of Referendum.— The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this subtitle. (d) Manner.— (1) In general.— Referenda conducted pursuant to this subtitle shall be conducted in a manner determined by the Secretary. (2) Advance registration.— A fluid milk processor who chooses to vote in any referendum conducted under this subtitle shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4). (3) Voting.— A fluid milk processor who votes in any referendum conducted under this subtitle shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential. (4) Notice.— The Secretary shall notify all processors at least 30 days prior to a referendum conducted under this subtitle. The notice shall explain the procedure established under this subsection.

2. 1996

   Agricultural Market Transition Act

   Pub. L. 104–127 title I § 146(d)(1) · 110 Stat. 888

   Substituted · 7 U.S.C. § 6413(b)(2)

   Pub. L. 104–127 substituted “fluid milk processors voting in the referendum;” for “all processors;”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–127 substituted “fluid milk processors voting in the referendum;” for “all processors;”.

   Enacted provision · exact public law section
   (1) Initial referenda.— Section 1999N(b)(2) of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6413(b)(2)) is amended by striking “all processors” and inserting “fluid milk processors voting in the referendum”.

2 of 2 references resolved to an enrolled provision