§2906 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must hold a vote on whether to keep the order no later than 22 months after it starts (or sooner if the Board asks). The vote is among people who were producers or importers during a time the Secretary picks (the representative period). The order only stays in effect if a majority of producers who vote approve it. If a majority do not approve, the Secretary must stop collecting assessments within six months and end the order as soon as practical. After that first vote, the Secretary can hold another vote if a group representing 10 percent or more of cattle producers asks for it. If a majority of voting producers favor ending or pausing the order, collections must stop within six months and the order must be ended or suspended promptly. The Department is paid back from the assessments for any referendum costs except government employee salaries. Votes happen on a date the Secretary sets; producers must confirm they were producing during the representative period and vote the same day at county extension offices, with absentee mail ballots available on request.

Title 7, §2906

Agriculture — Source: USLM XML via OLRC

(a)For the purpose of determining whether the initial order shall be continued, not later than 22 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been producers or importers during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle. If continuation of the order is not approved by a majority of those voting in the referendum, the Secretary shall terminate collection of assessments under the order within six months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum and shall terminate the order in an orderly manner as soon as practicable after such determination.

(b)After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 10 per centum or more of the number of cattle producers to determine whether cattle producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle and shall terminate or suspend the order in an orderly manner as soon as practicable after such determination.

(c)The Department shall be reimbursed from assessments collected by the Board for any expenses incurred by the Department in connection with conducting any referendum under this section, except for the salaries of Government employees. Any referendum conducted under this section shall be conducted on a date established by the Secretary, whereby producers shall certify that they were engaged in the production of cattle during the representative period and, on the same day, shall be provided an opportunity to vote in the referendum. Each referendum shall be conducted at county extension offices, and there shall be provision for an absentee mail ballot on request.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to requirement of referendum for provisions relating to permissive terms and conditions in orders.

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.

§2906 Requirement of referendum