7 U.S.C. § 3407: Referendum

Summary

The Secretary must hold a vote among end product manufacturers who are not exempt and who made products during a time period the Secretary picks. Manufacturers can sign up by mail to vote, with registration ending at least 30 days before the vote. Within 10 days after registration closes, the Secretary will decide who can vote, publish that list, and send ballots to the people who registered and were found eligible. An order only takes effect if at least 50 percent of the registered manufacturers cast votes, and either two-thirds of those voting approve the order, or a majority approve and that approving majority made at least two-thirds of the total processed wheat in the products made by voters during the representative period. Each registrant must tell the Secretary how much processed wheat they made in that period. The Secretary is reimbursed for referendum costs from Council assessments, and voter lists and ballots are kept at least 12 months for audits or recounts if the results are challenged.

Title 7, §3407

Agriculture, Source: USLM XML via OLRC

The Secretary shall conduct a referendum as soon as practicable among end product manufacturers not exempt hereunder who, during a representative period preceding the date of the referendum, as determined by the Secretary, have been engaged in the manufacture of end products, for the purpose of ascertaining whether the issuance of an order is approved or favored by such manufacturers. Qualified end product manufacturers may register with the Secretary by mail to vote in such referendum during a period ending not less than thirty days prior to the date of the referendum. Within ten days thereafter, the Secretary shall determine which end product manufacturers are eligible to vote in such referendum and cause to be published the list of such eligible voters. The Secretary shall issue ballots to all such persons who have so registered and been declared eligible to vote. No order issued pursuant to this chapter shall be effective unless the Secretary determines (1) that votes were cast by at least 50 per centum of such registered end product manufacturers, and (2) that the issuance of such order is approved or favored by not less than two-thirds of the end product manufacturers voting in such referendum or by a majority of the end product manufacturers voting in such referendum if such majority manufactured end products containing not less than two-thirds of the total processed wheat contained in all end products manufactured by those voting in the referendum, during the representative period defined by the Secretary: Provided, That at the time of the registration provided under this section each end product manufacturer so registering shall certify to the Secretary the amount of processed wheat contained in the end products manufactured by such end product manufacturer during such representative period. The Secretary shall be reimbursed from assessments collected by the Council for any expenses incurred for the conduct of the referendum. Eligible voter lists and ballots cast in the referendum shall be retained by the Secretary for a period of not less than twelve months after they are cast for audit and recount in the event the results of the referendum are challenged and either the Secretary or the courts determine a recount and retabulation of results is appropriate.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an

Effective Date

of 1977 Amendment note under section 1307 of this title.

§3407 Referendum

Summary

Title 7, §3407

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata