Title 15Commerce and TradeRelease 119-73

§6403 Referenda

Title 15 › Chapter CHAPTER 90— - PROPANE EDUCATION AND RESEARCH › § 6403

Last updated Apr 6, 2026|Official source

Summary

Groups in the propane industry can pay to hold a vote of producers and retail sellers to create a Propane Education and Research Council. An independent audit firm must run the vote. Votes are weighted by how much propane a person produced or sold in the prior year (or another fair period). If people representing two‑thirds of the propane volume in the retail marketer group and two‑thirds in the producer group vote yes, the Council is created. If created, the Council must repay the groups for referendum accounting and paperwork and may charge an assessment on odorized propane under section 6405. Voters must tell the audit firm the propane volume their vote represents. The Council can also order, or must hold if asked by producers and retail sellers representing 35 percent of the volume in each group, a vote to end or pause the Council. The Council pays for that vote and picks the audit firm. Ending or pausing the Council only happens if people representing more than one‑half of the propane volume in both groups approve, or if people representing more than two‑thirds of the volume in either group approve.

Full Legal Text

Title 15, §6403

Commerce and Trade — Source: USLM XML via OLRC

(a)The qualified industry organizations may conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. The Council, if established, shall reimburse the qualified industry organizations for the cost of the referendum accounting and documentation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the volume of propane produced or odorized propane sold in the previous calendar year or other representative period. Upon approval of those persons representing two-thirds of the total volume of propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, the Council shall be established, and shall be authorized to levy an assessment on odorized propane in accordance with section 6405 of this title. All persons voting in the referendum shall certify to the independent auditing firm the volume of propane represented by their vote.
(b)On the Council’s own initiative, or on petition to the Council by producers and retail marketers representing 35 percent of the volume of propane in each class, the Council shall, at its own expense, hold a referendum, to be conducted by an independent auditing firm selected by the Council, to determine whether the industry favors termination or suspension of the Council. Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of odorized propane in the retail marketer class and more than one-half of the total volume of propane in the producer class, or is approved by persons representing more than two-thirds of the total volume of propane in either such class.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6403

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73