§7446 Referenda

Summary

Within 30 months after an order first goes into effect, the Secretary must hold a vote of canola and rapeseed producers who grew those crops during a time period the Secretary picks. The Secretary must give wide public notice before the vote using newspapers, extension and Farm Service Agency offices, electronic media, and other reasonable ways. The order stays in place only if more than half of the producers who vote approve it. If a majority does not approve, the Secretary must stop collecting the required assessments within 180 days and end the order as soon as practical. Producers can ask for extra referenda. If at least 10 percent of the producers who grew canola or rapeseed during the Secretary’s chosen period request one, the Secretary must hold a vote of all such producers on whether to suspend or end the order. If a majority votes to suspend or end it, assessments must stop within 180 days and the order must be suspended or ended promptly. Starting 5 years after a referendum and every 5 years after that, producers may request another referendum in person at county extension or FSA offices or by mail. The Secretary must publish notice and the Board must notify producers at least 60 days before the in-person request period ends. The Secretary will decide if enough requests were made and must hold any requested referendum within 1 year of that decision. The Secretary is paid back from the Board’s collected assessments for costs of these activities. Each vote lasts no more than 3 days, voters must certify they produced the crop during the representative period, voting sites are set by the Secretary, and absentee mail ballots are available on request.