7 U.S.C. § 4308 — Referendum; necessity, etc.
submitted 45 years ago by Pub. L. 97-98 to r/title-7-AGRICULTURE · 182 words · no verdicts yet
The Secretary must hold a referendum of covered flower and plant producers and importers before an order takes effect. The order needs either two-thirds approval or majority approval representing at least two-thirds of the value voted, and the Government’s referendum costs come from assessments except employee salaries.
(a) The Secretary* must hold a referendum among covered domestic producers and importers who produced or imported flowers and plants* during a representative period set by the Secretary. The referendum asks whether they approve or favor issuing an order. An order is not effective unless either at least two-thirds of voters approve or favor it, or a majority approve or favor it and those voters produced and imported at least two-thirds of the total value during the representative period. (b) Assessments must reimburse the Government for referendum costs, except Government employee salaries.
The Secretary* shall conduct a referendum among domestic producers and importers not exempt under section 4311 of this title who, during a representative period determined by the Secretary, have been engaged in the production or importation of flowers and plants*, for the purpose of ascertaining whether the issuance of an order is approved or favored by such domestic producers and importers. No order issued pursuant to this chapter shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers and importers voting in such referendum, or by a majority of the producers and importers voting in such referendum if such majority produced and imported not less than two-thirds of the total value of the flowers and plants produced and imported by those producers and importers voting in such referendum during a representative period defined by the Secretary.
The Secretary shall be reimbursed from assessments for all costs incurred by the Government in connection with the conduct of the referendum, except for the salaries of Government employees.
Source credit: (Pub. L. 97–98, title XVII, § 1709, Dec. 22, 1981, 95 Stat. 1354.)
- 1981Enacted · Pub. L. 97-98 · 95 Stat. 1354
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-98 on 1981-12-22.
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