ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

7 U.S.C. § 7446Referenda

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 943 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must hold a vote among producers on whether to keep the order. Producers can later request more votes to end or suspend it. Every 5 years, the Secretary must let producers ask for another vote.

(a) Initial referendum: (1) Within 30 months after an order first takes effect under section 7443(b)(3), the Secretary must hold a vote among producers who, during a representative period the Secretary sets, were engaged in producing canola or rapeseed, to find out whether the order should continue. (2) As much as practical, the Secretary must give broad advance public notice of the vote — through newspapers, county newsletters, electronic media, and press releases, plus notices posted at state and county cooperative extension offices and county Consolidated Farm Service Agency offices, and other means the order specifies, all without spending money on advertising. The notice must cover when the vote will happen, registration and voting requirements, absentee voting rules, and other relevant information. (3) The order continues only if the Secretary finds that at least a majority of the producers who voted approved it. (4) If a majority of voters don't approve continuing it, the Secretary must stop collecting assessments within 180 days after the vote and end the order in an orderly way as soon as practical. (b) Additional referenda: (1)(A) After the initial vote, the Secretary must hold more votes, as described in (C), if a representative group of producers asks. (B) A representative group means 10 percent or more of the producers who, during a representative period the Secretary sets, were engaged in producing canola or rapeseed. (C) Each additional vote is held among all producers from a representative period, to find out whether they favor ending or suspending the order. (2) If the Secretary finds that a majority of voters favor suspending or ending the order, the Secretary must stop collecting assessments within 180 days after that finding, and must suspend or end the order in an orderly way as soon as practical afterward. (3)(A) Starting 5 years after a referendum under this subchapter, and every 5 years after that, the Secretary must give canola and rapeseed producers a chance to request another vote. (B)(i) The Secretary must let a producer request a reconfirmation vote in person, at a county cooperative extension office or county Consolidated Farm Service Agency office, during a period the Secretary sets, or (ii) by mail instead; the Secretary may provide mail-in request forms. (C) At least 60 days before the in-person request period ends, the Secretary must publish a notice in the Federal Register, and the Board must give producers written notice, explaining their right to an additional vote, the voting procedure, its purpose, and how and by when to request one. The Secretary must also take whatever other action is needed to make sure producers know about this opportunity. (D) After requests come in, the Secretary must determine as soon as practical whether enough producers requested a vote, and take the steps needed to hold it under paragraph (1). (E) Once the Secretary determines a representative group of producers (as described in (1)(B)) requested the vote, it must be held within 1 year. (c) Procedures: (1) The Board must reimburse the Secretary, from assessments it has collected, for the Secretary's expenses running any activity required under this section. (2) Each vote runs for a reasonable time, not more than 3 days, set by the Secretary; producers intending to vote must certify they were engaged in producing canola, rapeseed, or canola or rapeseed products during the representative period, and are given a chance to vote at the same time. (3) The Secretary decides where votes are held. On request, the Secretary must provide absentee mail ballots, in the manner the Secretary prescribes.
the actual law source: uscode.house.gov ↗public domain
(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 extension offices and county Consolidated Farm Service Agency 1 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 extension 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.

Source credit: (Pub. L. 104–127, title V, § 537, Apr. 4, 1996, 110 Stat. 1058; Pub. L. 110–234, title VII, § 7511(c)(28), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(28), June 18, 2008, 122 Stat. 1664, 2031.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-127 · 110 Stat. 1058
  • 2008Amended · Pub. L. 110-234 · 122 Stat. 1270
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 2031

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case