7 U.S.C. § 6105 — Referenda
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 361 words · no verdicts yet
The Secretary must hold an initial referendum before a mushroom order takes effect and later referenda about continuing, ending, or suspending it. A majority must also represent more than half of the voting mushrooms by average annual production and imports.
(a)(1) During the 60 days before an order’s effective date, the Secretary* must ask mushroom producers and importers whether it should take effect. (2) The order takes effect as section 6103(b) provides if a majority of voters approve it and that majority annually produces and imports, on average, more than 50 percent of the mushrooms* produced and imported by all voters. (b)(1)(A) Five years after the order takes effect, the Secretary must ask whether producers and importers favor continuation, termination, or suspension. (B) Beginning 3 years after effectiveness, the Secretary may, on request of a representative group comprising at least 30 percent of producers and importers, hold a referendum on termination or suspension. (2) If the required majority favors suspension or termination, the Secretary must within 6 months suspend or terminate assessment collection and must orderly suspend or terminate order activities as soon as practicable. (c) The Secretary decides how to conduct each referendum.
Within the 60-day period immediately preceding the effective date of an order issued under section 6103(b) of this title, the Secretary* shall conduct a referendum among mushroom producers and importers to ascertain whether the order shall go into effect.
The order shall become effective, as provided in section 6103(b) 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, which majority, on average, annually produces and imports into the United States* more than 50 percent of the mushrooms* annually produced and imported by all those voting in the referendum.
Effective 5 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether they favor continuation, termination, or suspension of the order.
Effective beginning 3 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary, on request of a representative group comprising 30 percent or more of the number of mushroom producers and importers, may conduct a referendum to ascertain whether producers and importers favor termination or suspension of the order.
If, as a result of any referendum conducted under paragraph (1), the Secretary determines that suspension or termination of an order is favored by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum, the Secretary shall—
within 6 months after making such determination, suspend or terminate, as appropriate, collection of assessments under the order; and
suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
Referenda conducted pursuant to this section shall be conducted in such a manner as is determined by the Secretary.
Source credit: (Pub. L. 101–624, title XIX, § 1926, Nov. 28, 1990, 104 Stat. 3861.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3861
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.
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