Title 7AgricultureRelease 119-73

§6413 Requirement of initial referendum

Title 7 › Chapter CHAPTER 93— - PROCESSOR-FUNDED MILK PROMOTION PROGRAM › § 6413

Last updated Apr 6, 2026|Official source

Summary

The Secretary must hold a vote of fluid milk processors during the 60 days before an order would take effect to decide if the order should start. The order goes forward only if at least 50 percent of processors who vote approve it and if the processors who voted and who marketed during the Secretary’s set representative period account for 60 percent or more of the volume marketed by those voting processors. The Department’s costs to run the vote must be paid back from Board assessments. The Secretary decides how the votes are run. A processor who wants to vote must register with the Secretary before the voting period, after getting the Secretary’s notice. Voters must follow the Secretary’s procedures. Ballots and any information that could show how a processor voted must be kept confidential. The Secretary must notify all processors at least 30 days before the referendum and explain the process.

Full Legal Text

Title 7, §6413

Agriculture — Source: USLM XML via OLRC

(a)Within the 60-day period immediately preceding the effective date of an order issued under section 6405(a) of this title, the Secretary shall conduct a referendum among fluid milk processors to ascertain whether the order shall go into effect.
(b)If, as a result of the referendum conducted under subsection (a), the Secretary determines that implementation of the order is favored—
(1)by at least 50 percent of fluid milk processors voting in the referendum; and
(2)by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
(c)The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this chapter.
(d)(1)Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.
(2)A fluid milk processor who chooses to vote in any referendum conducted under this chapter shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
(3)A fluid milk processor who votes in any referendum conducted under this chapter shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential.
(4)The Secretary shall notify all processors at least 30 days prior to a referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (b)(2). Pub. L. 104–127 substituted “fluid milk processors voting in the referendum;” for “all processors;”.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6413

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73