Title 7AgricultureRelease 119-73

§2708 Referendum among egg producers

Title 7 › Chapter CHAPTER 60— - EGG RESEARCH AND CONSUMER INFORMATION › § 2708

Last updated Apr 6, 2026|Official source

Summary

The Secretary must hold a vote of egg producers who made commercial eggs during a time the Secretary chooses. The vote asks whether producers approve creating an order. The order only takes effect if at least two-thirds of voting producers approve it, or if a majority approve and those voters produced at least two-thirds of the commercial eggs during the chosen period. If the Egg Board shows, with studies or analysis, that the assessment rate (the fee producers pay) should be raised, the Egg Board can ask the Secretary to hold a vote on the change. The same approval rules apply: two-thirds of voters, or a majority whose egg production equals two-thirds of the eggs. For the order in effect on December 14, 1993, the Egg Board had to decide soon after that date whether to ask for a vote. If the Egg Board asked, the Secretary must hold the vote within 120 days of the request, or within 170 days if the Office of Management and Budget says extra review is needed. If producers approve an increase and authority for more increases, the Secretary must change the order and the change becomes effective the day it is issued. If producers do not approve an amendment, the existing order stays in effect.

Full Legal Text

Title 7, §2708

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall conduct a referendum among egg producers not exempt hereunder who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, for the purpose of ascertaining whether the issuance of an order is approved or favored by such producers. No order issued pursuant to this chapter shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers voting in such referendum, or by a majority of the producers voting in such referendum if such majority produced not less than two-thirds of the commercial eggs produced during a representative period defined by the Secretary.
(b)(1)If the Egg Board determines, based on a scientific study, marketing analysis, or other similar competent evidence, that an increase in the assessment rate is needed to ensure that assessments under the order are set at an appropriate level to effectuate the policy declared in section 2701 of this title, the Egg Board may request that the Secretary conduct a referendum, as provided in paragraph (2).
(2)(A)If the Egg Board requests the Secretary to conduct a referendum under paragraph (1) or (3), the Secretary shall conduct a referendum among egg producers not exempt from this chapter who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, for the purpose of ascertaining whether the producers approve the change in the assessment rate proposed by the Egg Board.
(B)The change in the assessment rate shall become effective if the change is approved or favored by—
(i)not less than two-thirds of the producers voting in the referendum; or
(ii)a majority of the producers voting in the referendum, if the majority produced not less than two-thirds of all the commercial eggs produced by the producers voting during a representative period defined by the Secretary.
(3)(A)In the case of the order in effect on December 14, 1993, the Egg Board shall determine under paragraph (1), as soon as practicable after December 14, 1993, whether to request that the Secretary conduct a referendum under paragraph (2).
(B)If the Egg Board makes such a request on the basis of competent evidence, as provided in paragraph (1), the Secretary shall conduct the referendum as soon as practicable, but not later than—
(i)120 days after receipt of the request from the Egg Board; or
(ii)if the Director of the Office of Management and Budget determines that the change in the assessment rate is a significant action that requires review by the Director, 170 days after receipt of the request from the Egg Board.
(4)Notwithstanding any other provision of this chapter, if an increase in the assessment rate and the authority for additional increases is approved by producers in a referendum conducted under this subsection, the Secretary shall amend the order to reflect the vote of the producers. The amendment to the order shall become effective on the date of issuance of the amendment.
(c)The failure of egg producers to approve an amendment to any Egg Research and Promotion Order shall not be deemed to invalidate such order.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Pub. L. 103–188 designated first and second sentences of existing provisions as subsec. (a), added subsec. (b), and designated last sentence of existing provisions as subsec. (c). 1980—Pub. L. 96–276 provided that failure of egg producers to approve an amendment to any Egg Research and Promotion Order shall not be deemed to invalidate the order.

Reference

Citations & Metadata

Citation

7 U.S.C. § 2708

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73