Title 7, AgricultureRelease 119-110

§2623 Referendum

Title 7 › CHAPTER 58 — POTATO RESEARCH AND PROMOTION › § 2623

Last updated Sep 22, 2026|Official source

Summary

Secretary must hold a vote of potato producers in a Secretary-set period to see if they approve a plan. If the plan would apply to importers, importers from that period must vote too. A plan takes effect with a majority vote; if importers vote, the majority is of producers and importers. Rejected amendments do not cancel the plan. Ballots and any data revealing votes or production/import amounts must be kept secret. USDA staff who disclose them and are convicted face the penalties in section 2619(c) of this title.

Full Legal Text

Title 7, §2623

Agriculture, Source: USLM XML via OLRC

(a)Secretary’s duty to conduct; purpose of referendum
The Secretary shall conduct a referendum among producers, who during a representative period determined by the Secretary have been engaged in the production of potatoes, for the purpose of ascertaining whether the issuance of a plan is approved or favored by such producers. When the issuance of a plan would subject importers to the terms and conditions of a plan, the Secretary also shall conduct the referendum among importers, who during a representative period determined by the Secretary have been engaged in the importation of potatoes, for the purpose of ascertaining whether the issuance of such plan is approved or favored by such importers.
(b)Required margin of approval
No plan issued under this chapter shall be effective unless the Secretary determines that the issuance of such plan is approved or favored by not less than a majority of the producers voting in such referendum or a majority of the producers and importers when the issuance of a plan would subject importers to the terms and conditions of a plan, voting in such referendum.
(c)Amendments
The failure of potato producers and importers to approve an amendment to any plan issued under this chapter shall not be deemed to invalidate such plan.
(d)Penalties for disclosure of confidential information, ballots and reports
The ballots and other information or reports which reveal or tend to reveal the vote of any producer or his production of potatoes, or any importer or the volume of potatoes imported by such importer, shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall upon conviction be subject to the penalties provided in section 2619(c) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–624, § 1944(1), inserted at end “When the issuance of a plan would subject importers to the terms and conditions of a plan, the Secretary also shall conduct the referendum among importers, who during a representative period determined by the Secretary have been engaged in the importation of potatoes, for the purpose of ascertaining whether the issuance of such plan is approved or favored by such importers.” Subsec. (b). Pub. L. 101–624, § 1944(2), substituted “a majority of the producers voting in such referendum or a majority of the producers and importers when the issuance of a plan would subject importers to the terms and conditions of a plan, voting in such referendum” for “two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum”. Subsec. (c). Pub. L. 101–624, § 1944(3), inserted “and importers” after “producers”. Subsec. (d). Pub. L. 101–624, § 1944(4), inserted “, or any importer or the volume of potatoes imported by such importer,” after “potatoes”. 1982—Pub. L. 97–244 designated existing provisions as subsecs. (a), (b) and (d), in subsec. (a), as so redesignated, inserted commas after “referendum among producers” and “production of potatoes”, struck out commas after “who” and “determined by the Secretary”, and substituted “by such producers” for “by producers”, in subsec. (b), as so redesignated, substituted “under this chapter” for “pursuant to this chapter”, and added subsec. (c).

Statutory Notes and Related Subsidiaries

Construction

of 1982 Referendum on

Amendments

to Plan Pub. L. 98–171, § 2(b), Nov. 29, 1983, 97 Stat. 1118, provided that: “The failure of potato producers in December 1982 to approve

Amendments

to the plan issued under this title [probably means title III of Pub. L. 91–670 which is classified to this chapter] shall not be deemed to invalidate the plan.”

Reference

Citations & Metadata

Citation

7 U.S.C. § 2623

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110