
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1343]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
                  subpart iv--marketing quotas--cotton
 
Sec. 1343. Referendum

    Not later than December 15 following the issuance of the marketing 
quota proclamation provided for in section 1342 of this title, the 
Secretary shall conduct a referendum, by secret ballot, of farmers 
engaged in the production of cotton in the calendar year in which the 
referendum is held, to determine whether such farmers are in favor of or 
opposed to the quota so proclaimed. If more than one-third of the 
farmers voting in the referendum oppose the national marketing quota, 
such quota shall become ineffective upon proclamation of the results of 
the referendum. The Secretary shall proclaim the results of any 
referendum held hereunder within thirty days after the date of such 
referendum. Notwithstanding any other provision hereof, the referendum 
with respect to the national marketing quota for cotton for the 
marketing year beginning August 1, 1986, may be conducted not later than 
thirty-one days after adjournment sine die of the first session of the 
Ninety-ninth Congress.

(Feb. 16, 1938, ch. 30, title III, Sec. 343, 52 Stat. 56; Apr. 7, 1938, 
ch. 107, Sec. 8, 52 Stat. 203; July 26, 1939, ch. 376, 53 Stat. 1125; 
July 3, 1948, ch. 827, title II, Sec. 207(c), 62 Stat. 1257; Aug. 29, 
1949, ch. 518, Sec. 1, 63 Stat. 670; Oct. 31, 1949, ch. 792, title IV, 
Sec. 415(e), 63 Stat. 1058; Pub. L. 97-77, Sec. 2(c), Nov. 13, 1981, 95 
Stat. 1069; Pub. L. 99-157, Sec. 4, Nov. 15, 1985, 99 Stat. 818.)

                          Codification

    Provision that if marketing quotas were proclaimed for the 1950 
crop, farmers eligible to vote in the referendum with respect to such 
crop were to be those farmers who had produced cotton in the 1948 
calendar year was omitted from the Code.


                               Amendments

    1985--Pub. L. 99-157 amended last sentence generally, substituting 
``August 1, 1986, may be conducted not later than thirty-one days after 
adjournment sine die of the first session of the Ninety-ninth Congress'' 
for ``August 1, 1982, may be conducted not later than the earlier of the 
following: (1) thirty days after adjournment sine die of the first 
session of the Ninety-seventh Congress, or (2) January 1, 1982''.
    1981--Pub. L. 97-77 inserted provision that the referendum with 
respect to the national marketing quota for cotton for the marketing 
year beginning Aug. 1, 1982, be conducted not later than the earlier of 
the following: (1) thirty days after adjournment sine die of the first 
session of the Ninety-seventh Congress, or (2) Jan. 1, 1982.
    1949--Act Aug. 29, 1949, amended section generally by providing for 
a secret referendum. Former provisions of this section are now covered 
by section 1342 of this title.
    Subsec. (a). Act Oct. 31, 1949, repealed amendatory provisions of 
act July 3, 1948.
    1948--Subsec. (a). Act July 3, 1948, required Secretary to take 
imports into consideration in determining acreage allotments for 
purposes of marketing quotas.
    1939--Subsec. (b). Act July 26, 1939, inserted last sentence.
    1938--Subsec. (c). Act Apr. 7, 1938, substituted ``for any year'' 
for ``for 1938 and 1939''.


                    Effective Date of 1948 Amendment

    Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 
303 of act July 3, 1948, set out as a note under section 1301 of this 
title.


                       Inapplicability of Section

    Section inapplicable to 1984 and subsequent crops of extra long 
staple cotton, see section 3 of Pub. L. 98-88, set out as a note under 
section 1342 of this title.
    Section inapplicable to 1996 through 2002 crops of loan commodities, 
peanuts, and sugar and inapplicable to milk during period beginning Apr. 
4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this 
title.
    Section inapplicable to 1991 through 1995 crops of upland cotton, 
see section 502 of Pub. L. 101-624, set out as a note under section 1342 
of this title.
    Section inapplicable to 1986 through 1990 crops of upland cotton, 
see section 502 of Pub. L. 99-198, set out as a note under section 1342 
of this title.
    Section inapplicable to 1982 through 1985 crops of upland cotton, 
see section 501 of Pub. L. 97-98, set out as a note under section 1342 
of this title.
    Section inapplicable to 1978 through 1981 crops of upland cotton, 
see section 601 of Pub. L. 95-113, set out as a note under section 1342 
of this title.
    Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat. 1371, 
as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87 Stat. 233, 
provided that this section is inapplicable to 1971 through 1977 crops of 
upland cotton.
