7 U.S.C. § 3411 — Suspension and termination of orders
submitted 49 years ago by Pub. L. 95-113 to r/title-7-AGRICULTURE · 226 words · no verdicts yet
The Secretary must suspend or end an order that obstructs or does not advance this chapter’s policy. The Secretary may, and sometimes must, hold a referendum on suspension or termination.
(a) If the Secretary* finds that an order, or part of one, obstructs or does not advance this chapter’s stated policy, the Secretary must suspend or terminate it. (b) The Secretary may hold a referendum at any time. The Secretary must hold one when at least 10% of the number of end product* manufacturers subject to the order request it. The referendum determines whether those end product manufacturers favor ending or suspending the order. Within 6 months after the Secretary determines that a majority of the end product manufacturers voting in the referendum approve or favor suspension or termination, the Secretary must suspend or terminate the order. For this majority, the end product manufacturers voting must be either manufacturers that, during a representative period the Secretary determines, engaged in manufacturing end products, or end product manufacturers that produced end products containing more than 50% of all processed wheat* contained in all end products manufactured during that period by the end product manufacturers voting in the referendum. (c) Ending or suspending an order, or part of one, is not itself an “order” under this chapter.
The Secretary shall, whenever he finds that any order issued under this chapter, or any provision thereof, obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or such provision thereof.
The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of end product* manufacturers subject to the order, to determine whether such manufacturers favor the termination or suspension of the order, and the Secretary shall suspend or terminate such order within six months after the Secretary determines that suspension or termination of the order is approved or favored by a majority of the end product manufacturers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the manufacture of end products or by end product manufacturers who produced end products containing more than 50 per centum of the total processed wheat* contained in all end products manufactured during such period by the end product manufacturers voting in the referendum.
The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter.
Source credit: (Pub. L. 95–113, title XVII, § 1712, Sept. 29, 1977, 91 Stat. 1038.)
- 1977Enacted · Pub. L. 95-113 · 91 Stat. 1038
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-113 on 1977-09-29.
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