
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6209]

 
                          TITLE 7--AGRICULTURE
 
     CHAPTER 91--LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION
 
Sec. 6209. Initial referendum


(a) Requirement

    Not later than 30 months after the date on which the collection of 
assessments begins under the order pursuant to section 6204(d) of this 
title, the Secretary shall conduct a referendum among producers, 
producer-handlers, and importers who--
        (1) are not exempt from assessment under section 6204(d)(5) of 
    this title; and
        (2) produced or imported limes during a representative period as 
    determined by the Secretary.

(b) Purpose of referendum

    The referendum referred to in subsection (a) of this section is for 
the purpose of determining whether the issuance of the order is approved 
or favored by not less than a majority of the producers, producer-
handlers, and importers voting in the referendum. The order shall 
continue in effect only with such a majority.

(c) Confidentiality

    The ballots and other information or reports that reveal, or tend to 
reveal, the vote of any person under this section, or section 6210 of 
this title, shall be held strictly confidential and shall not be 
disclosed.

(d) Refund of assessments from escrow account

                           (1) In general

        A portion of the assessments collected from producers, producer-
    handlers, and importers prior to announcement of the results of the 
    referendum provided for in this section shall be held in an escrow 
    account until the results of the referendum are published by the 
    Secretary. The amount in the escrow account shall be equal to the 
    product obtained by multiplying the total amount of assessments 
    collected during such period by 10 percent.

                        (2) Approval of order

        If the order is approved by a majority of the producers, 
    producer-handlers, and importers voting in the initial referendum 
    under subsection (a) of this section, the funds in the escrow 
    account shall be released to be used for the purposes of this 
    chapter.

                      (3) Disapproval of order

        (A) Proration

            If--
                (i) the amount in the escrow account required by 
            paragraph (1) is not sufficient to refund the total amount 
            of assessments demanded by producers, producer-handlers, or 
            importers; and
                (ii) the plan is not approved pursuant to the referendum 
            conducted under subsection (a) of this section;

        the Board shall prorate the amount of such refunds among all 
        eligible producers, producer-handlers, or importers who demand 
        such refund.

        (B) Right to refund

            A producer, producer-handler, or importer shall be eligible 
        to receive a refund--
                (i) if demand is made personally, in accordance with 
            regulations and on a form and within a time period 
            prescribed by the Board, but in no event less than 90 days 
            after the date of publication of the results of the 
            referendum; and
                (ii) on submission of proof satisfactory to the Board 
            that the person paid the assessment for which refund is 
            sought and did not collect the assessment from another 
            person.

        (C) Surplus funds

            Any funds not refunded under this paragraph shall be 
        released to be used to carry out this chapter.

(Pub. L. 101-624, title XIX, Sec. 1960, Nov. 28, 1990, 104 Stat. 3879; 
Pub. L. 103-194, Sec. 5, Dec. 14, 1993, 107 Stat. 2295.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-194 substituted ``Not later than 30 
months after the date on which the collection of assessments begins 
under the order pursuant to section 6204(d) of this title,'' for ``Not 
later than 2 years after the date on which the Secretary first issues an 
order under section 6203(a),''.
