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7 U.S.C. § 6414 — Suspension or termination of orders

submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 267 words · no verdicts yet

in plain englishAI-generated · not legal advice

Suspension or termination of orders. (a) Suspension or termination by Secretary The Secretary must, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of the order or provision. The section also states the procedures, limits, and exceptions that apply to these rules.

(a) Suspension or termination by Secretary The Secretary must, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of the order or provision.
(b) Other referenda (1) In general The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and must hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the preceding referendum. (2) Suspension or termination If the Secretary determines that the suspension or termination is favored— (A) by at least 50 percent of fluid milk processors voting in the referendum; and (B) by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum; the Secretary must, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable. (3) Costs; manner Subsections (c) and (d) of section 6413 of this title must apply to a referendum conducted under this subsection.

the actual law source: uscode.house.gov ↗public domain
(a) Suspension or termination by Secretary

The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of the order or provision.

(b) Other referenda
(1) In general

The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the preceding referendum.

(2) Suspension or termination

If the Secretary determines that the suspension or termination is favored—

(A)

by at least 50 percent of fluid milk processors voting in the referendum; and

(B)

by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;

the Secretary shall, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.

(3) Costs; manner

Subsections (c) and (d) of section 6413 of this title shall apply to a referendum conducted under this subsection.

Source credit: (Pub. L. 101–624, title XIX, § 1999O, Nov. 28, 1990, 104 Stat. 3925; Pub. L. 104–127, title I, § 146(d)(2), (e), Apr. 4, 1996, 110 Stat. 919; Pub. L. 107–171, title I, § 1506(c), May 13, 2002, 116 Stat. 210.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-624 · 104 Stat. 3925
  • 1996Amended · Pub. L. 104-127 · 110 Stat. 919
  • 2002Amended · Pub. L. 107-171 · 116 Stat. 210

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.

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