Title 7AgricultureRelease 119-73

§6105 Referenda

Title 7 › Chapter CHAPTER 90— - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION › § 6105

Last updated Apr 6, 2026|Official source

Summary

The Secretary must hold a vote of mushroom producers and importers within the 60-day period immediately before an order becomes effective under section 6103(b). The order only goes into effect if a majority of those voting approve it and that approving group, on average each year, produces and imports more than 50 percent of the mushrooms produced and imported by all voters. Five years after an order starts, the Secretary must hold another vote to decide whether to continue, end, or pause the order. Starting 3 years after the order begins, the Secretary may hold a vote if a representative group that is 30 percent or more of the number of producers and importers asks for it. If a vote shows that a majority of voters favor suspension or ending the order, and that majority produces and imports over 50 percent of the mushrooms of all voters, the Secretary must, within 6 months, stop collecting assessments under the order and then stop or pause the order’s activities in an orderly way as soon as practical. Referenda are run in the way the Secretary decides.

Full Legal Text

Title 7, §6105

Agriculture — Source: USLM XML via OLRC

(a)(1)Within the 60-day period immediately preceding the effective date of an order issued under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether the order shall go into effect.
(2)The order shall become effective, as provided in section 6103(b) of this title, if the Secretary determines that the order has been approved by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum.
(b)(1)(A)Effective 5 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether they favor continuation, termination, or suspension of the order.
(B)Effective beginning 3 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary, on request of a representative group comprising 30 percent or more of the number of mushroom producers and importers, may conduct a referendum to ascertain whether producers and importers favor termination or suspension of the order.
(2)If, as a result of any referendum conducted under paragraph (1), the Secretary determines that suspension or termination of an order is favored by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum, the Secretary shall—
(A)within 6 months after making such determination, suspend or terminate, as appropriate, collection of assessments under the order; and
(B)suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
(c)Referenda conducted pursuant to this section shall be conducted in such a manner as is determined by the Secretary.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6105

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73