
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: 7USC7417]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 101--AGRICULTURAL PROMOTION
 
     SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND 
        INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
 
Sec. 7417. Referenda


(a) Initial referendum

                       (1) Optional referendum

        For the purpose of ascertaining whether the persons to be 
    covered by an order favor the order going into effect, the order may 
    provide for the Secretary to conduct an initial referendum among 
    persons to be subject to an assessment under section 7416 of this 
    title who, during a representative period determined by the 
    Secretary, engaged in--
            (A) the production or handling of the agricultural commodity 
        covered by the order; or
            (B) the importation of the agricultural commodity.

                            (2) Procedure

        The results of the referendum shall be determined in accordance 
    with subsection (e) of this section. The Secretary may require that 
    the agricultural commodity industry involved post a bond or other 
    collateral to cover the cost of the referendum.

(b) Required referenda

                           (1) In general

        For the purpose of ascertaining whether the persons covered by 
    an order favor the continuation, suspension, or termination of the 
    order, the Secretary shall conduct a referendum among persons 
    subject to assessments under section 7416 of this title who, during 
    a representative period determined by the Secretary, have engaged 
    in--
            (A) the production or handling of the agricultural commodity 
        covered by the order; or
            (B) the importation of the agricultural commodity.

                       (2) Time for referendum

        The referendum shall be conducted not later than 3 years after 
    assessments first begin under the order.

                            (3) Exception

        This subsection shall not apply if an initial referendum was 
    conducted under subsection (a) of this section.

(c) Subsequent referenda

    The Secretary shall conduct a subsequent referendum--
        (1) not later than 7 years after assessments first begin under 
    the order;
        (2) at the request of the board established under the order; or
        (3) at the request of 10 percent or more of the number of 
    persons eligible to vote under subsection (b)(1) of this section;

to determine if the persons favor the continuation, suspension, or 
termination of the order.

(d) Other referenda

    The Secretary may conduct a referendum at any time to determine 
whether the continuation, suspension, or termination of the order or a 
provision of the order is favored by persons eligible to vote under 
subsection (b)(1) of this section.

(e) Approval of order

    An order may provide for its approval in a referendum--
        (1) by a majority of those persons voting;
        (2) by persons voting for approval who represent a majority of 
    the volume of the agricultural commodity; or
        (3) by a majority of those persons voting for approval who also 
    represent a majority of the volume of the agricultural commodity.

(f) Costs of referenda

    The board established under an order with respect to which a 
referendum is conducted under this section shall reimburse the Secretary 
for any expenses incurred by the Secretary to conduct the referendum.

(g) Manner of conducting referenda

                           (1) In general

        A referendum conducted under this section shall be conducted in 
    the manner determined by the Secretary to be appropriate.

                      (2) Advance registration

        If the Secretary determines that an advance registration of 
    eligible voters in a referendum is necessary before the voting 
    period in order to facilitate the conduct of the referendum, the 
    Secretary may institute the advance registration procedures by mail, 
    or in person through the use of national and local offices of the 
    Department.

                             (3) Voting

        Eligible voters may vote by mail ballot in the referendum or in 
    person if so prescribed by the Secretary.

                             (4) Notice

        Not later than 30 days before a referendum is conducted under 
    this section with respect to an order, the Secretary shall notify 
    the agricultural commodity industry involved, in such manner as 
    determined by the Secretary, of the period during which voting in 
    the referendum will occur. The notice shall explain any registration 
    and voting procedures established under this subsection.

(Pub. L. 104-127, title V, Sec. 518, Apr. 4, 1996, 110 Stat. 1043.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7413, 7414, 7416, 7421, 7422 
of this title.
