7 U.S.C. § 4912 — Requirement of referendum
submitted 41 years ago by Pub. L. 99-198 to r/title-7-AGRICULTURE · 175 words · no verdicts yet
The Secretary must hold a referendum among eligible watermelon producers, handlers, and importers to determine support for issuing a plan. A plan cannot take effect unless the required majority supports it, and ballots and identifying information must remain confidential.
(a) The Secretary* must hold a referendum among producers, handlers, and importers who are not exempt under sections 4902(5) and 4907(b) and who, during a representative period set by the Secretary, engaged in producing, handling, or importing watermelons. The referendum determines whether those producers, handlers, and importers approve or favor issuing a plan*. Ballots and other information or reports that reveal or tend to reveal a producer’s, handler’s, or importer’s vote or the person’s volume of watermelons produced, handled, or imported must be kept strictly confidential and may not be disclosed. A Department of Agriculture officer or employee who violates these requirements is subject to the penalties in section 4908(c).
(b) A plan issued under this chapter may not take effect unless the Secretary determines that a majority of the producers and handlers, and the importers subject to the plan, who vote in the referendum approve or favor issuing it.
The Secretary* shall conduct a referendum among producers, handlers, and importers not exempt under sections 4902(5) and 4907(b) of this title who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons, for the purpose of ascertaining whether the issuance of a plan* is approved or favored by producers, handlers, and importers. The ballots and other information or reports that reveal or tend to reveal the vote of any producer*, handler*, or importer* or the person’s volume of watermelons produced, handled, or imported shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the penalties provided in section 4908(c) of this title.
A plan issued under this chapter shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.
Source credit: (Pub. L. 99–198, title XVI, § 1653, Dec. 23, 1985, 99 Stat. 1629; Pub. L. 103–189, §§ 2, 8(i), Dec. 14, 1993, 107 Stat. 2259, 2262.)
- 1985Enacted · Pub. L. 99-198 · 99 Stat. 1629
- 1993Amended · Pub. L. 103-189 · 107 Stat. 2259, 2262
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-198 on 1985-12-23.
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