Title 7 — AgricultureRelease 119-73

§7485 Referenda

Title 7 › Chapter CHAPTER 101— - AGRICULTURAL PROMOTION › Subchapter SUBCHAPTER V— - POPCORN › § 7485

Last updated Apr 6, 2026|Official source

Summary

The Secretary must hold a vote of processors during the 60 days before an order would start. Only processors who processed popcorn during a representative period the Secretary picks get to vote. The order only goes into effect if at least a majority of those voting approve it and those voters account for more than 50 percent of the certified popcorn processed in that period. At least 3 years after an order starts, the Secretary can hold another vote about suspending or ending the order if the Board or at least 30 percent of processors who processed during the representative period ask for it. If two-thirds or more of voting processors favor suspension or ending, the Secretary must stop collecting fees within 180 days and suspend or end the order as soon as practical. The Board pays back the Secretary for referendum costs from its fees. Ballots and any information that would show how a processor voted or reveal business details are strictly confidential, and Department employees who knowingly break that secrecy face legal penalties.

Full Legal Text

Title 7, §7485

Agriculture — Source: USLM XML via OLRC

(a)(1)Within the 60-day period immediately preceding the effective date of an order, as provided in section 7483(b)(3) of this title, the Secretary shall conduct a referendum among processors who, during a representative period as determined by the Secretary, have been engaged in processing, for the purpose of ascertaining whether the order shall go into effect.

(2)The order shall become effective, as provided in section 7483(b) of this title, only if the Secretary determines that the order has been approved by not less than a majority of the processors voting in the referendum and if the majority processed more than 50 percent of the popcorn certified as having been processed, during the representative period, by the processors voting.

(b)(1)Not earlier than 3 years after the effective date of an order approved under subsection (a), on the request of the Board or a representative group of processors, as described in paragraph (2), the Secretary may conduct additional referenda to determine whether processors favor the suspension or termination of the order.

(2)An additional referendum on an order shall be conducted if the referendum is requested by 30 percent or more of the number of processors who, during a representative period as determined by the Secretary, have been engaged in processing.

(3)If the Secretary determines, in a referendum conducted under paragraph (1), that suspension or termination of the order is favored by at least ⅔ of the processors voting in the referendum, the Secretary shall—

(A)suspend or terminate, as appropriate, collection of assessments under the order not later than 180 days after the date of determination; and

(B)suspend or terminate the order, as appropriate, in an orderly manner as soon as practicable after the date of determination.

(c)The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred by the Secretary in connection with the conduct of any referendum under this section.

(d)Subject to this section, a referendum conducted under this section shall be conducted in such manner as is determined by the Secretary.

(e)(1)The ballots and other information or reports that reveal or tend to reveal the vote of any processor, or any business operation of a processor, shall be considered to be strictly confidential and shall not be disclosed.

(2)An officer or employee of the Department who knowingly violates paragraph (1) shall be subject to the penalties described in section 7484(i)(3)(C)(ii) of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7485

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73