§2107 Referenda

Summary

The Secretary must hold a vote of cotton producers who produced during a representative period chosen by the Secretary to find out if producers approve a new order. A new order only becomes effective if at least two-thirds of the producers who vote approve it, or if the producers who vote and who represent at least two-thirds of the cotton produced in the representative period approve it and a majority of the producers who vote also approve. After November 28, 1990, the Secretary had to publish a proposed amendment within 150 days and then, within 8 months after November 28, 1990, hold a vote of those producers and of importers who in the 12‑month period ending not later than 90 days before the vote imported more than the Secretary’s de minimis amount, to see if a majority approve the amendment. The Secretary must announce results within 30 days and publish approved amendments and rules within 90 days after that announcement. Every five years after that November 28, 1990 referendum, the Secretary must review whether another vote is needed and announce the review results within 60 days of each fifth anniversary; if a vote is to be held, it must be held within 12 months after that announcement. If the Secretary does not act on their own, 10 percent or more of the number of producers and importers who voted in the last referendum can force a vote (but no more than 20 percent of those requests may come from producers in any one State or from importers). Request sign-ups may be done at local county offices, extension agents, or by mail, during a sign-up period of up to 90 days that begins 60 days after the Secretary announces no referendum; a required referendum must be held within 12 months after that sign-up ends. The amendment is not effective if a majority of the producers and importers who vote in the referendum disapprove it.