Title 7 — AgricultureRelease 119-73

§4308 Referendum; necessity, etc.

Title 7 › Chapter CHAPTER 74— - FLORAL RESEARCH AND CONSUMER INFORMATION › § 4308

Last updated Apr 6, 2026|Official source

Summary

The Secretary must hold a vote of domestic flower and plant producers and importers who are not exempt under section 4311 and who were active during a time the Secretary picks. An order only becomes effective if at least two-thirds of those voting approve it, or if a majority approve and that majority produced and imported at least two-thirds of the total value represented in the vote. The costs the Government pays to run the vote must be paid from the program’s assessments, but not the salaries of federal employees.

Full Legal Text

Title 7, §4308

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall conduct a referendum among domestic producers and importers not exempt under section 4311 of this title who, during a representative period determined by the Secretary, have been engaged in the production or importation of flowers and plants, for the purpose of ascertaining whether the issuance of an order is approved or favored by such domestic producers and importers. 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 and importers voting in such referendum, or by a majority of the producers and importers voting in such referendum if such majority produced and imported not less than two-thirds of the total value of the flowers and plants produced and imported by those producers and importers voting in such referendum during a representative period defined by the Secretary.

(b)The Secretary shall be reimbursed from assessments for all costs incurred by the Government in connection with the conduct of the referendum, except for the salaries of Government employees.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4308

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73