Title 7 — Agriculture
Chapter 101 — Agricultural Promotion
§ 7470. Referenda
Statutory text
Initial referendum
Referendum required
During the 60-day period immediately preceding the proposed effective date of an order issued under section 7463 of this title, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order.
Approval of order
The order shall become effective, as provided in section 7463 of this title, if the Secretary determines that—
the order has been approved by a majority of the producers and importers voting in the referendum; and
the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
Subsequent referenda
The Secretary may periodically conduct a referendum to determine if kiwifruit producers and importers favor the continuation, termination, or suspension of any order issued under section 7463 of this title that is in effect at the time of the referendum.
Required referenda
The Secretary shall hold a referendum under subsection (b)—
at the end of the 6-year period beginning on the effective date of the order and at the end of each subsequent 6-year period;
at the request of the Board; or
if not less than 30 percent of the kiwifruit producers and importers subject to assessments under the order submit a petition requesting the referendum.
Vote
On completion of a referendum under subsection (b), the Secretary shall suspend or terminate the order that was subject to the referendum at the end of the marketing year if—
the suspension or termination of the order is favored by not less than a majority of the producers and importers voting in the referendum; and
the producers and importers produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
Confidentiality
The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this subchapter and the voting list shall be held strictly confidential and shall not be disclosed.
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.
National Kiwifruit Research, Promotion, and Consumer Information Act
Pub. L. 104–127 title V § 561 · 110 Stat. 888
Enacted · 7 U.S.C. § 7470
(Pub. L. 104–127, title V, § 561, Apr. 4, 1996, 110 Stat. 1073.)
Source evidence
Code source credit
(Pub. L. 104–127, title V, § 561, Apr. 4, 1996, 110 Stat. 1073.)Enacted provision · exact public law section
SEC. 561. REFERENDA. (a) Initial Referendum.— (1) Referendum required.— During the 60-day period immediately preceding the proposed effective date of an order issued under section 554, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order. (2) Approval of order.— The order shall become effective, as provided in section 554, if the Secretary determines that— (A) the order has been approved by a majority of the producers and importers voting in the referendum; and (B) the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum. (b) Subsequent Referenda.— The Secretary may periodically conduct a referendum to determine if kiwifruit producers and importers favor the continuation, termination, or suspension of any order issued under section 554 that is in effect at the time of the referendum. (c) Required Referenda.— The Secretary shall hold a referendum under subsection (b)— (1) at the end of the 6-year period beginning on the effective date of the order and at the end of each subsequent 6-year period; (2) at the request of the Board; or (3) if not less than 30 percent of the kiwifruit producers and importers subject to assessments under the order submit a petition requesting the referendum. (d) Vote.— On completion of a referendum under subsection (b), the Secretary shall suspend or terminate the order that was subject to the referendum at the end of the marketing year if— (1) the suspension or termination of the order is favored by not less than a majority of the producers and importers voting in the referendum; and (2) the producers and importers produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum. (e) Confidentiality.— The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this subtitle and the voting list shall be held strictly confidential and shall not be disclosed.
1 of 1 references resolved to an enrolled provision