7 U.S.C. § 6415 — Amendments
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 264 words · no verdicts yet
Amendments. (a) Amendments to order Subject to subsection (b), the Secretary may issue such amendments to an order as may be necessary to carry out this chapter. The section also states the procedures, limits, and exceptions that apply to these rules.
(a) Amendments to order Subject to subsection (b), the Secretary* may issue such amendments to an order as may be necessary to carry out this chapter.
(b) Amendment to assessment rates (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 adjusting the assessment rate under the order issued under this chapter then in effect, 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 all processors. (2) Adjustment to assessment rate The Secretary must adjust the assessment rate under the order whenever the Secretary determines that the adjustment is favored— (A) by at least 50 percent of fluid milk processors voting in the referendum; and (B) by fluid milk processors that marketed during a representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors; In no event must the rate of assessment prescribed by the order exceed 20 cents per hundredweight. (3) Effective date The adjusted assessment rate must be effective on a date, as determined by the Secretary, after the results of the referendum are known, but by 30 days after the referendum. (4) Costs; manner Subsections (c) and (d) of section 6413 of this title must apply to a referendum conducted under this subsection.
Subject to subsection (b), the Secretary* may issue such amendments to an order as may be necessary to carry out this chapter.
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 adjusting the assessment rate under the order issued under this chapter then in effect, 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 all processors.
The Secretary shall adjust the assessment rate under the order whenever the Secretary determines that the adjustment is favored—
by at least 50 percent of fluid milk processors voting in the referendum; and
by fluid milk processors that marketed during a representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors;
In no event shall the rate of assessment prescribed by the order exceed 20 cents per hundredweight.
The adjusted assessment rate shall be effective on a date, as determined by the Secretary, after the results of the referendum are known, but not later than 30 days after the referendum.
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, § 1999P, Nov. 28, 1990, 104 Stat. 3926.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3926
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.
all 0 arguments · sorted by: best
no arguments yet — make the first case