§4812 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must stop or pause an order, or part of it, if after the first vote the Secretary finds the order gets in the way of, or does not help, the law’s goals. If at least 15 percent of the people who were producers or importers during a representative period set by the Secretary ask for it, the Secretary must hold a vote to see if those producers and importers want to end or pause the order. If a majority who vote want suspension or termination, the Secretary must stop collecting assessments within 6 months and end the order as soon as practical. The Secretary does not have to run more than one such vote in any 2-year period, except the initial vote required by section 4811. Ending or pausing an order is not treated as making a new order.

Title 7, §4812

Agriculture — Source: USLM XML via OLRC

(a)If after the initial referendum provided for in section 4811(a) of this title the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.

(b)(1)(A)Except as provided in paragraph (2), after the initial referendum provided for in section 4811(a) of this title, on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum to determine whether the producers and importers favor the termination or suspension of the order.

(B)The Secretary shall—

(i)suspend or terminate collection of assessments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and

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

(2)Except with respect to a referendum required to be conducted under section 4811 of this title, the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this chapter in a 2-year period.

(c)The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter.

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.

§4812 Suspension and Termination of Orders

Summary

Title 7, §4812

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata