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Title 7 — Agriculture

Chapter 93 — Processor-Funded Milk Promotion Program

§ 6415. Amendments

Statutory text

(a)

Amendments to order

Subject to subsection (b), the Secretary may issue such amendments to an order as may be necessary to carry out this chapter.

(b)

Amendment to assessment rates

(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 adjusting the assessment rate under the order issued under this chapter then in effect, 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)

Adjustment to assessment rate

The Secretary shall adjust the assessment rate under the order whenever the Secretary determines that the adjustment is favored—

(A)

by at least 50 percent of fluid milk processors voting in the referendum; and

(B)

by fluid milk processors that marketed during a representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors;

In no event shall the rate of assessment prescribed by the order exceed 20 cents per hundredweight.

(3)

Effective date

The adjusted assessment rate shall be effective on a date, as determined by the Secretary, after the results of the referendum are known, but not later than 30 days after the referendum.

(4)

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.

  1. Fluid Milk Promotion Act of 1990

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

    Enacted · 7 U.S.C. § 6415

    (Pub. L. 101–624, title XIX, § 1999P, Nov. 28, 1990, 104 Stat. 3926.)

    Source evidence

    Code source credit
    (Pub. L. 101–624, title XIX, § 1999P, Nov. 28, 1990, 104 Stat. 3926.)

    Enacted provision · exact public law section
    SEC. 1999P. AMENDMENTS. (a) Amendments to Order.— Subject to subsection (b), the Secretary may issue such amendments to an order as may be necessary to carry out this subtitle. (b) Amendment to Assessment Rates.— (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 adjusting the assessment rate under the order issued under this subtitle then in effect, 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) Adjustment to assessment rate.— The Secretary shall adjust the assessment rate under the order whenever the Secretary determines that the adjustment is favored— (A) by at least 50 percent of fluid milk processors voting in the referendum; and (B) by fluid milk processors that marketed during a representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors; In no event shall the rate of assessment prescribed by the order exceed 20 cents per hundredweight. (3) Effective date.— The adjusted assessment rate shall be effective on a date, as determined by the Secretary, after the results of the referendum are known, but not later than 30 days after the referendum. (4) Costs; manner.— Subsections (c) and (d) of section 1999N shall apply to a referendum conducted under this subsection.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 101–624, title XIX, § 1999P, , 104 Stat. 3926.)

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USLM identifier /us/usc/t7/s6415