7 U.S.C. § 2108: Suspension and termination of…

Summary

The Secretary must stop or pause any order (or part of it) that gets in the way of or does not help the chapter’s goals. The Secretary can hold a vote of cotton producers and importers at any time, and must hold one if at least 10% of the people who voted in the last vote ask for it (but no more than 20% of the requests may come from producers in one state or from importers). If a majority voting approve and the voters who were active during a Secretary-set period account for more than 50% of the cotton volume produced and imported by those voters, the order is ended or suspended at the end of the marketing year. Stopping or pausing an order is not treated as making a new order under this chapter.

Title 7, §2108

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(a)Discretionary suspension or termination by Secretary

The Secretary shall, whenever he finds that any order issued under this chapter, or any provision thereof, obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or such provision thereof.

(b)Suspension or termination resulting from referendum with cotton producers and importers

The Secretary may conduct a referendum at any time, and shall hold a referendum on request of a number of producers and importers (if subject to the order) equivalent to at least 10 percent of those persons voting in the most recent referendum, to determine whether cotton producers and importers subject to the order favor the termination or suspension of the order, except that in counting such requests for a referendum, not more than 20 percent of such requests may be from producers from any one State or importers of cotton (if subject to the order). The Secretary shall suspend or terminate the order at the end of the marketing year, as defined in the order, whenever the Secretary determines suspension or termination of the order is approved by a majority of producers and importers (subject to the order) voting in the referendum who, during a representative period determined by the Secretary, have been engaged in the production and importation of cotton and who produced and imported more than 50 percent of the volume of cotton produced and imported by those voting in the referendum.

(c)Suspension or termination of any order not deemed order within meaning of this chapter

The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (b). Pub. L. 101–624 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of cotton producers voting in the referendum approving the order, to determine whether cotton producers favor the termination or suspension of the order, and he shall suspend or terminate such order at the end of the marketing year, as defined in the order, whenever he determines that suspension or termination of the order is approved or favored by a majority of the producers of cotton voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production of cotton, and who produced more than 50 per centum of the volume of the cotton produced by the cotton producers voting in the referendum.”

§2108 Suspension and Termination of Orders

Summary

Title 7, §2108

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata