7 U.S.C. § 6413 — Requirement of initial referendum

(a) In general Within the 60-day period immediately preceding the effective date of an order issued under section 6405(a) of this title, the Secretary^* must conduct a referendum among fluid milk processors to ascertain whether the order must go into effect.
(b) Implementation If, as a result of the referendum conducted under subsection (a), the Secretary determines that implementation of the order is favored— (1) by at least 50 percent of fluid milk processors voting in the referendum; and (2) by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum; the order must become effective as provided in section 6405(b) of this title.
(c) Costs of referendum The Secretary must be reimbursed from any assessments collected by the Board^* for any expenses incurred by the Department^* in connection with the conduct of any referendum under this chapter.
(d) Manner (1) In general Referenda conducted under this chapter must be conducted in a manner determined by the Secretary. (2) Advance registration A fluid milk processor^* who chooses to vote in any referendum conducted under this chapter must register with the Secretary before the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4). (3) Voting A fluid milk processor who votes in any referendum conducted under this chapter must vote under procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor must be held strictly confidential. (4) Notice The Secretary must notify all processors at least 30 days before a referendum conducted under this chapter. The notice must explain the procedure established under this subsection.