7 U.S.C. § 4811: Referendum

Summary

A vote must be held to decide if a pork order stays in effect. The vote happens between 24 and 30 months after the order starts. The Secretary runs the vote and chooses a fair time frame to decide who can vote. The Secretary also decides how the vote is run. The order stays only if more than half of the producers and importers who vote approve it. If not approved, the Secretary must stop collecting assessments within 6 months and end the order as soon as possible. The Secretary is paid back for any referendum costs from the assessments the Board collects. Amendments to the initial order use the same vote rules.

Title 7, §4811

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(a)Continuation of order

For the purpose of determining whether an order then effect shall be continued during the period beginning not earlier than 24 months after the issuance of the order and ending not later than 30 months after the issuance of the order, the Secretary shall conduct a referendum among persons who have been pork producers and importers during a representative period, as determined by the Secretary.

(b)Factors determining continuation; termination of order

(1)Such order shall be continued only if the Secretary determines that such order has been approved by not less than a majority of the producers and importers voting in the referendum.

(2)If the continuation of such order is not approved by a majority of the producers and importers voting in the referendum, the Secretary shall terminate—

(A)collection of assessments under the order not later than 6 months after the date of such determination; and

(B)the order in an orderly manner as soon as practicable after the date of such determination.

(c)Reimbursement for cost

The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred in connection with a referendum conducted under this section or section 4812 of this title.

(d)Manner of conducting

A referendum shall be conducted in such manner as prescribed by the Secretary.

(e)Amendment of initial order

A referendum to amend the initial order shall be conducted pursuant to this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

§4811 Referendum

Summary

Title 7, §4811

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata