§6414 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must stop or pause an order, or part of an order, when it gets in the way of or does not help the law’s goals. The Secretary can hold a vote of fluid milk processors from a chosen representative period. The Secretary must hold a vote if the Board or a group that together marketed at least 10 percent of the volume in the previous referendum asks. Ending or pausing the order needs support from at least 50 percent of processors who vote and from those voters who marketed 40 percent or more of the volume. The rules in section 6413(c) and (d) also apply to that vote.

Title 7, §6414

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of the order or provision.

(b)(1)The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the preceding referendum.

(2)If the Secretary determines that the suspension or termination is favored—

(A)by at least 50 percent of fluid milk processors voting in the referendum; and

(B)by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;

(3)Subsections (c) and (d) of section 6413 of this title shall apply to a referendum conducted under this subsection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Pub. L. 107–171 redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out heading and text of former subsec. (a). Text read as follows: “Any order effective under this chapter shall be terminated December 31, 2002. The Secretary shall— “(1) terminate the collection of assessments under the order upon such date; and “(2) terminate activities under the order in an orderly manner as soon as practicable after such date.” 1996—Subsec. (a). Pub. L. 104–127, § 146(e), substituted “2002” for “1996” in introductory provisions. Subsec. (c)(1). Pub. L. 104–127, § 146(d)(2)(A), substituted “fluid milk processors voting in the preceding referendum” for “all processors”. Subsec. (c)(2)(B). Pub. L. 104–127, § 146(d)(2)(B), substituted “fluid milk processors voting in the referendum;” for “all processors;”.

§6414 Suspension or termination of orders

Summary

Title 7, §6414

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata