7 U.S.C. § 7485 — Referenda

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 449 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells the Agriculture Secretary how to hold votes among popcorn processors on whether a marketing order should start, continue, or end. It also requires votes to stay confidential and lets the Secretary charge back referendum costs to the Board.

(a) Initial referendum (1) In general: In the 60 days right before a marketing order is set to take effect, the Secretary must hold a vote among processors who worked during a "representative period" the Secretary picks. The vote decides whether the order goes into effect. (2) Approval of order: The order only starts if a majority of the voting processors approve it, and those approving processors handled more than 50% of the popcorn that all voting processors processed during that period. (b) Additional referenda (1) In general: At least 3 years after an order starts, the Board or a group of processors can ask the Secretary to hold another vote on whether to suspend or end the order. (2) Representative group of processors: The Secretary must hold this new vote if at least 30% of the processors from a representative period ask for it. (3) Disapproval of order: If at least two-thirds of the voting processors favor ending or suspending the order, the Secretary must (A) stop collecting assessments within 180 days, and (B) suspend or end the order in an orderly way as soon as practical after that. (c) Costs of referendum: The Secretary gets reimbursed from the Board's assessment money for any costs of running a referendum. (d) Method of conducting referendum: The Secretary decides how to run the referendum, as long as it follows this section. (e) Confidentiality of ballots and other information (1) In general: Ballots and any information that could reveal how a processor voted, or details about a processor's business, must stay strictly confidential and can't be shared. (2) Penalty for violations: A Department officer or employee who knowingly breaks this confidentiality rule faces the penalties listed in section 7484(i)(3)(C)(ii).

the actual law source: uscode.house.gov ↗public domain

(a) Initial referendum

(1) In general

Within the 60-day period immediately preceding the effective date of an order, as provided in section 7483(b)(3) of this title, the Secretary shall conduct a referendum among processors who, during a representative period as determined by the Secretary, have been engaged in processing, for the purpose of ascertaining whether the order shall go into effect.

(2) Approval of order

The order shall become effective, as provided in section 7483(b) of this title, only if the Secretary determines that the order has been approved by not less than a majority of the processors voting in the referendum and if the majority processed more than 50 percent of the popcorn certified as having been processed, during the representative period, by the processors voting.

(b) Additional referenda

(1) In general

Not earlier than 3 years after the effective date of an order approved under subsection (a), on the request of the Board or a representative group of processors, as described in paragraph (2), the Secretary may conduct additional referenda to determine whether processors favor the suspension or termination of the order.

(2) Representative group of processors

An additional referendum on an order shall be conducted if the referendum is requested by 30 percent or more of the number of processors who, during a representative period as determined by the Secretary, have been engaged in processing.

(3) Disapproval of order

If the Secretary determines, in a referendum conducted under paragraph (1), that suspension or termination of the order is favored by at least ⅔ of the processors voting in the referendum, the Secretary shall—

(A)

suspend or terminate, as appropriate, collection of assessments under the order not later than 180 days after the date of determination; and

(B)

suspend or terminate the order, as appropriate, in an orderly manner as soon as practicable after the date of determination.

The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred by the Secretary in connection with the conduct of any referendum under this section.

(d) Method of conducting referendum

Subject to this section, a referendum conducted under this section shall be conducted in such manner as is determined by the Secretary.

(e) Confidentiality of ballots and other information

(1) In general

The ballots and other information or reports that reveal or tend to reveal the vote of any processor, or any business operation of a processor, shall be considered to be strictly confidential and shall not be disclosed.

(2) Penalty for violations

An officer or employee of the Department who knowingly violates paragraph (1) shall be subject to the penalties described in section 7484(i)(3)(C)(ii) of this title.

Source credit: (Pub. L. 104–127, title V, § 576, Apr. 4, 1996, 110 Stat. 1081.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-127 · 110 Stat. 1081

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

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