Title 7 — Agriculture
Chapter 93 — Processor-Funded Milk Promotion Program
§ 6414. Suspension or termination of orders
Statutory text
Suspension or termination by Secretary
The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of the order or provision.
Other referenda
In general
The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the preceding referendum.
Suspension or termination
If the Secretary determines that the suspension or termination is favored—
by at least 50 percent of fluid milk processors voting in the referendum; and
by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
the Secretary shall, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
Costs; manner
Subsections (c) and (d) of section 6413 of this title shall apply to a referendum conducted under this subsection.
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.
Fluid Milk Promotion Act of 1990
Pub. L. 101–624 title XIX § 1999O · 104 Stat. 3359
Enacted · 7 U.S.C. § 6414
Pub. L. 101–624, title XIX, § 1999O, Nov. 28, 1990, 104 Stat. 3925
Source evidence
Code source credit
Pub. L. 101–624, title XIX, § 1999O, Nov. 28, 1990, 104 Stat. 3925Enacted provision · exact public law section
SEC. 1999O. SUSPENSION OR TERMINATION OF ORDERS. (a) Termination of Order.— Any order effective under this subtitle shall be terminated December 31, 1996. The Secretary shall— (1) terminate the collection of assessments under the order upon such date; and (2) terminate activities under the order in an orderly manner as soon as practicable after such date. (b) Suspension or Termination by Secretary.— The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this subtitle, terminate or suspend the operation of the order or provision. (c) Other Referenda.— (1) In general.— The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by all processors. (2) Suspension or termination.— If the Secretary determines that the suspension or termination is favored— (A) by at least 50 percent of fluid milk processors voting in the referendum; and (B) by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by all processors; the Secretary shall, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable. (3) Costs; manner.— Subsections (c) and (d) of section 1999N shall apply to a referendum conducted under this subsection.Agricultural Market Transition Act
Pub. L. 104–127 § 146(e) · 110 Stat. 888
Substituted · 7 U.S.C. § 6414(a)
Pub. L. 104–127, § 146(e), substituted “2002” for “1996” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–127, § 146(e), substituted “2002” for “1996” in introductory provisions.Enacted provision · exact public law section
(e) Duration.— Section 19990(a) of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6414(a)) is amended by striking “1996” and inserting “2002”.Agricultural Market Transition Act
Pub. L. 104–127 § 146(d)(2)(A) · 110 Stat. 888
Substituted · 7 U.S.C. § 6414(c)(1)
Pub. L. 104–127, § 146(d)(2)(A), substituted “fluid milk processors voting in the preceding referendum” for “all processors”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–127, § 146(d)(2)(A), substituted “fluid milk processors voting in the preceding referendum” for “all processors”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “all processors” and inserting “fluid milk processors voting in the preceding referendum”; andAgricultural Market Transition Act
Pub. L. 104–127 § 146(d)(2)(B) · 110 Stat. 888
Substituted · 7 U.S.C. § 6414(c)(2)(B)
Pub. L. 104–127, § 146(d)(2)(B), substituted “fluid milk processors voting in the referendum;” for “all processors;”
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 104–127, § 146(d)(2)(B), substituted “fluid milk processors voting in the referendum;” for “all processors;”.Enacted provision · exact public law section
(B) in paragraph (2)(B), by striking “all processors” and inserting “fluid milk processors voting in the referendum”.Pub. L. 107–171 title I § 1506(c) · 116 Stat. 134
Redesignated · 7 U.S.C. § 6414
Pub. L. 107–171 redesignated subsecs. (b) and (c) as (a) and (b), respectively
Struck · 7 U.S.C. § 6414
Pub. L. 107–171 struck out heading and text of former subsec. (a). Text read as follows: “Any order effective under this chapter shall be terminated December 31, 2002. The Secretary shall—
Source evidence
Code amendment note
Pub. L. 107–171 redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out heading and text of former subsec. (a). Text read as follows: “Any order effective under this chapter shall be terminated December 31, 2002. The Secretary shall—“(1) terminate the collection of assessments under the order upon such date; and “(2) terminate activities under the order in an orderly manner as soon as practicable after such date.”
Enacted provision · exact public law section
(c) Elimination of Order Termination Date.— Section 19990 of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6414) is amended— (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
6 of 6 references resolved to an enrolled provision
Editorial Notes
Amendments1996–2002 · 2 rounds
2002
Pub. L. 107–171 redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out heading and text of former subsec. (a). Text read as follows: “Any order effective under this chapter shall be terminated . The Secretary shall—
“(1) terminate the collection of assessments under the order upon such date; and
“(2) terminate activities under the order in an orderly manner as soon as practicable after such date.”
1996
Subsec. (a). Pub. L. 104–127, § 146(e), substituted “2002” for “1996” in introductory provisions.
Subsec. (c)(1). Pub. L. 104–127, § 146(d)(2)(A), substituted “fluid milk processors voting in the preceding referendum” for “all processors”.
Subsec. (c)(2)(B). Pub. L. 104–127, § 146(d)(2)(B), substituted “fluid milk processors voting in the referendum;” for “all processors;”.
Credits
1990–2002 · 3 acts
- 1990Pub. L. 101–624, title XIX, § 1999O, , 104 Stat. 3925
- 1996Pub. L. 104–127, title I, § 146(d)(2), (e), , 110 Stat. 919
- 2002Pub. L. 107–171, title I, § 1506(c), , 116 Stat. 210.
Show as published
(Pub. L. 101–624, title XIX, § 1999O, , 104 Stat. 3925; Pub. L. 104–127, title I, § 146(d)(2), (e), , 110 Stat. 919; Pub. L. 107–171, title I, § 1506(c), , 116 Stat. 210.)