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7 U.S.C. § 7805Referenda

submitted 26 years ago by Pub. L. 106-387 to r/title-7-AGRICULTURE · 574 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before certain Hass avocado orders take effect, producers and importers vote in a referendum; a simple majority approves it. Each eligible voter gets one vote and must register in advance. Votes stay confidential. Later, the Secretary can hold new referenda to check if people still want the order.

(a) First referendum. (1) In the 60 days before an order under section 7803(b)(3) is set to take effect, the Secretary must hold a referendum among the producers and importers who would have to pay assessments under it. (2) The order only becomes effective if a simple majority of votes cast approve it. (b) Who can vote. (1) Each eligible producer and importer gets one vote. (2) They're eligible if they've been a producer or importer — as those terms are defined in section 7802 — selling Hass avocados for at least one year before the referendum. (c) How referenda are run. (1) The Secretary decides how referenda work. (2) A producer or importer who wants to vote must register with the Secretary before voting starts, after getting notice of the referendum. (3) They must vote by the Secretary's procedures. Ballots and anything else that could reveal how someone voted must stay strictly confidential. (4) The Secretary must notify all producers and importers at least 30 days before the referendum, explaining the voting procedure. (d) Later referenda. Starting 3 years after an order is approved, the Secretary either (1) may choose, at the Secretary's discretion, to hold a referendum asking whether producers and importers want the order suspended, ended, or kept going, or (2) must hold that referendum if the Board asks, or if a group representing 30% or more of the producers and importers who pay assessments asks. Either way, the same voting rules from (b) and (c) apply. (e) If people vote to suspend or end it. If a majority in one of these later referenda favors suspending or ending the order, the Secretary must: (1) stop collecting assessments within 180 days; and (2) wind down activities under the order in an orderly way, as soon as practical.
the actual law source: uscode.house.gov ↗public domain
(a) Requirements for initial referendum
(1) Referendum required

During the 60-day period immediately preceding the proposed effective date of an order issued under section 7803(b)(3) of this title, the Secretary shall conduct a referendum among producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title.

(2) Approval of order needed

The order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum.

(b) Votes permitted
(1) In general

Each producer and importer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote if they satisfy the eligibility requirements as defined in paragraph (2).

(2) Eligibility

For purposes of paragraph (1), producers and importers, as these terms are defined in section 7802 of this title, shall be considered to be eligible to vote if they have been producers or importers with sales of Hass avocados during a period of at least 1 year prior to the referendum.

(c) Manner of conducting referenda
(1) In general

Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.

(2) Advance registration

A producer or importer of Hass avocados who chooses to vote in any referendum conducted under this chapter shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).

(3) Voting

A producer or importer of Hass avocados who chooses to vote in any referendum conducted under this chapter shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential.

(4) Notice

The Secretary shall notify all producers and importers at least 30 days prior to the referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.

(d) Subsequent referenda

If an order is approved in a referendum conducted under subsection (a), effective beginning on the date that is 3 years after the date of the approval, the Secretary—

(1)

at the discretion of the Secretary, may conduct at any time a referendum of producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible producers and importers favor suspension, termination, or continuance of the order; or

(2)

shall conduct a referendum of eligible producers and importers if requested by the Board or by a representative group comprising 30 percent or more of all producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether producers and importers favor suspension, termination, or continuance of the order.

(e) Suspension or termination

If, as a result of a referendum conducted under subsection (d), the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall—

(1)

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

(2)

suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner.

Source credit: (Pub. L. 106–387, § 1(a) [title XII, § 1206], Oct. 28, 2000, 114 Stat. 1549, 1549A–91.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-387 · 114 Stat. 1549, 1549

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-387 on 2000-10-28.

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