7 U.S.C. § 4309 — Suspension and termination of orders
submitted 45 years ago by Pub. L. 97-98 to r/title-7-AGRICULTURE · 182 words · no verdicts yet
The Secretary must suspend or end an order that obstructs or does not advance the chapter’s policy. The Secretary may hold a referendum, and must do so when the required percentage requests one, then suspend or end the order if a majority favors that result.
(a) Prerequisites. If the Secretary* finds that an order, or a provision of one, obstructs or does not advance this chapter’s stated policy, the Secretary must suspend or terminate it. (b) Referendum. The Secretary may hold a referendum at any time. The Secretary must hold one when requested by at least 10 percent of the producers and importers who voted to approve the order. The Secretary must suspend or terminate the order 6 months after finding that a majority of the covered producers and importers voting in the referendum favor suspension or termination. (c) Nature of order. Ending or suspending an order, or one of its provisions, is not itself an order under this chapter.
Whenever the Secretary* finds that any order issued under this chapter, or any provisions thereof, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or such provisions 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 producers and importers voting in the referendum approving the order, to determine whether such producers and importers favor the termination or suspension of the order, and shall suspend or terminate such order six months after the Secretary determines that suspension or termination of the order is approved or favored by a majority of the producers and importers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production or importation of flowers and plants*.
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. 97–98, title XVII, § 1710, 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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