Title 7 — AgricultureRelease 119-73

§7805 Referenda

Title 7 › Chapter CHAPTER 105— - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION › § 7805

Last updated Apr 6, 2026|Official source

Summary

Before an order can start, the Secretary must hold a vote of the producers and importers who would have to pay the fees. The vote must happen during the 60 days before the planned start date. The order only begins if more than half of the votes cast approve it. Each eligible person gets one vote. To be eligible, a producer or importer must have sold Hass avocados for at least 1 year before the vote. The Secretary must give at least 30 days’ notice, require voters to register, set the voting rules, and keep ballots and any voting information strictly private. Producers are the growers who sell Hass avocados. Importers are businesses that bring Hass avocados into the United States. If the order is approved, it takes effect 3 years after approval. After that, the Secretary may, or must if asked by the Board or a group representing 30% or more of payers, hold another vote to decide whether to continue, suspend, or end the order. If a majority votes to suspend or end it, the Secretary must stop collecting fees within 180 days and stop order activities as soon as practical and in an orderly way.

Full Legal Text

Title 7, §7805

Agriculture — Source: USLM XML via OLRC

(a)(1)During the 60-day period immediately preceding the proposed effective date of an order issued under section 7803(b)(3) of this title, the Secretary shall conduct a referendum among producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title.

(2)The order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum.

(b)(1)Each producer and importer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote if they satisfy the eligibility requirements as defined in paragraph (2).

(2)For purposes of paragraph (1), producers and importers, as these terms are defined in section 7802 of this title, shall be considered to be eligible to vote if they have been producers or importers with sales of Hass avocados during a period of at least 1 year prior to the referendum.

(c)(1)Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.

(2)A producer or importer of Hass avocados 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 producer or importer of Hass avocados who chooses to vote 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 identity or vote of voters shall be strictly confidential.

(4)The Secretary shall notify all producers and importers at least 30 days prior to the referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.

(d)If an order is approved in a referendum conducted under subsection (a), effective beginning on the date that is 3 years after the date of the approval, the Secretary—

(1)at the discretion of the Secretary, may conduct at any time a referendum of producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible producers and importers favor suspension, termination, or continuance of the order; or

(2)shall conduct a referendum of eligible producers and importers if requested by the Board or by a representative group comprising 30 percent or more of all producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether producers and importers favor suspension, termination, or continuance of the order.

(e)If, as a result of a referendum conducted under subsection (d), the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall—

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

(2)suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7805

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73