§4912 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must hold a referendum vote of watermelon producers, handlers, and importers who are not exempt under sections 4902(5) and 4907(b) and who handled watermelons during a representative period the Secretary sets. Ballots and any information that could show a person’s vote or their watermelon volumes must be kept secret and not disclosed. Violators face penalties under section 4908(c). A plan created under this chapter cannot take effect unless a majority of the producers and handlers (and any importers covered by the plan) who vote in the referendum approve or favor it.

Title 7, §4912

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall conduct a referendum among producers, handlers, and importers not exempt under section 4902(5) and 4907(b) of this title who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons, for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers, handlers, and importers. The ballots and other information or reports that reveal or tend to reveal the vote of any producer, handler, or importer or the person’s volume of watermelons produced, handled, or imported shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the penalties provided in section 4908(c) of this title.

(b)A plan issued under this chapter shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Pub. L. 103–189 designated existing provisions as subsec. (a), added subsec. (b), and in subsec. (a) substituted “, handlers, and importers” for “and handlers” in two places and “, handling, or importing” for “or handling” in first sentence, substituted “, handler, or importer” for “or handler” and “, handled, or imported” for “or handled” in sentence beginning with “The ballots”, and struck out after first sentence “The referendum shall be conducted at the county extension offices. No plan issued under this chapter shall be effective unless the Secretary determines that the issuance of the plan is approved or favored by not less than two-thirds of the producers and handlers voting in such referendum, or by the producers and handlers of not less than two-thirds of the watermelons produced and handled during the representative period by producers and handlers voting in such referendum, and by not less than a majority of the producers and a majority of the handlers voting in the referendum.”

§4912 Requirement of Referendum

Summary

Title 7, §4912

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata