
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: 7USC7446]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 101--AGRICULTURAL PROMOTION
 
                   SUBCHAPTER III--CANOLA AND RAPESEED
 
Sec. 7446. Referenda


(a) Initial referendum

                           (1) Requirement

        During the period ending 30 months after the date on which an 
    order is first issued under section 7443(b)(3) of this title, the 
    Secretary shall conduct a referendum among producers who, during a 
    representative period as determined by the Secretary, have been 
    engaged in the production of canola or rapeseed for the purpose of 
    ascertaining whether the order then in effect shall be continued.

                         (2) Advance notice

        The Secretary shall, to the extent practicable, provide broad 
    public notice in advance of any referendum. The notice shall be 
    provided, without advertising expenses, by means of newspapers, 
    county newsletters, the electronic media, and press releases, 
    through the use of notices posted in State and county Cooperative 
    State Research, Education, and Extension Service offices and county 
    Consolidated Farm Service Agency offices, and by other appropriate 
    means specified in the order. The notice shall contain information 
    on when the referendum will be held, registration and voting 
    requirements, rules regarding absentee voting, and other pertinent 
    information.

                        (3) Approval of order

        The order shall be continued only if the Secretary determines 
    that the order has been approved by not less than a majority of the 
    producers voting in the referendum.

                      (4) Disapproval of order

        If continuation of the order is not approved by a majority of 
    the producers voting in the referendum, the Secretary shall 
    terminate collection of assessments under the order within 180 days 
    after the referendum and shall terminate the order in an orderly 
    manner as soon as practicable.

(b) Additional referenda

                           (1) In general

        (A) Requirement

            After the initial referendum on an order, the Secretary 
        shall conduct additional referenda, as described in subparagraph 
        (C), if requested by a representative group of producers, as 
        described in subparagraph (B).

        (B) Representative group of producers

            An additional referendum on an order shall be conducted if 
        requested by 10 percent or more of the producers who, during a 
        representative period as determined by the Secretary, have been 
        engaged in the production of canola or rapeseed.

        (C) Eligible producers

            Each additional referendum shall be conducted among all 
        producers who, during a representative period as determined by 
        the Secretary, have been engaged in the production of canola or 
        rapeseed to determine whether the producers favor the 
        termination or suspension of the order.

                      (2) Disapproval of order

        If the Secretary determines, in a referendum conducted under 
    paragraph (1), that suspension or termination of the order is 
    favored by a majority of the producers voting in the referendum, the 
    Secretary shall suspend or terminate, as appropriate, collection of 
    assessments under the order within 180 days after the determination, 
    and shall suspend or terminate the order, as appropriate, in an 
    orderly manner as soon as practicable after the determination.

           (3) Opportunity to request additional referenda

        (A) In general

            Beginning on the date that is 5 years after the conduct of a 
        referendum under this subchapter, and every 5 years thereafter, 
        the Secretary shall provide canola and rapeseed producers an 
        opportunity to request an additional referendum.

        (B) Method of making request

            (i) In-person requests

                To carry out subparagraph (A), the Secretary shall 
            establish a procedure under which a producer may make a 
            request for a reconfirmation referendum in person at a 
            county Cooperative State Research, Education, and Extension 
            Service office or a county Consolidated Farm Service Agency 
            office during a period established by the Secretary, or as 
            provided in clause (ii).
            (ii) Mail-in requests

                In lieu of making a request in person, a producer may 
            make a request by mail. To facilitate the submission of 
            requests by mail, the Secretary may make mail-in request 
            forms available to producers.

        (C) Notifications

            The Secretary shall publish a notice in the Federal 
        Register, and the Board shall provide written notification to 
        producers, not later than 60 days prior to the end of the period 
        established under subparagraph (B)(i) for an in-person request, 
        of the opportunity of producers to request an additional 
        referendum. The notification shall explain the right of 
        producers to an additional referendum, the procedure for a 
        referendum, the purpose of a referendum, and the date and method 
        by which producers may act to request an additional referendum 
        under this paragraph. The Secretary shall take such other action 
        as the Secretary determines is necessary to ensure that 
        producers are made aware of the opportunity to request an 
        additional referendum.

        (D) Action by Secretary

            As soon as practicable following the submission of a request 
        for an additional referendum, the Secretary shall determine 
        whether a sufficient number of producers have requested the 
        referendum, and take such steps as are necessary to conduct the 
        referendum, as required under paragraph (1).

        (E) Time limit

            An additional referendum requested under the procedures 
        provided in this paragraph shall be conducted not later than 1 
        year after the Secretary determines that a representative group 
        of producers, as described in paragraph (1)(B), have requested 
        the conduct of the referendum.

(c) Procedures

                   (1) Reimbursement of Secretary

        The Secretary shall be reimbursed from assessments collected by 
    the Board for any expenses incurred by the Secretary in connection 
    with the conduct of an activity required under this section.

                              (2) Date

        Each referendum shall be conducted for a reasonable period of 
    time not to exceed 3 days, established by the Secretary, under a 
    procedure under which producers intending to vote in the referendum 
    shall certify that the producers were engaged in the production of 
    canola, rapeseed, or canola or rapeseed products during the 
    representative period and, at the same time, shall be provided an 
    opportunity to vote in the referendum.

                              (3) Place

        Referenda under this section shall be conducted at locations 
    determined by the Secretary. On request, absentee mail ballots shall 
    be furnished by the Secretary in a manner prescribed by the 
    Secretary.

(Pub. L. 104-127, title V, Sec. 537, Apr. 4, 1996, 110 Stat. 1058.)

                  Section Referred to in Other Sections

    This section is referred to in section 7445 of this title.
