7 U.S.C. § 4913: Suspension or termination of…

Summary

The Secretary must stop or pause any plan, or part of a plan, that blocks or fails to carry out the law’s goals. The Secretary can hold a vote (a referendum) anytime, and must hold one if the Board asks or if at least 10 percent of eligible watermelon producers, handlers, and importers ask. If a majority of those voting favor ending or pausing the plan, and those voters represent more than 50 percent of the combined watermelon volume of the voters, the Secretary must end or pause the plan at the end of the marketing year.

Title 7, §4913

Agriculture, Source: USLM XML via OLRC

(a)Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of the plan or provision.

(b)The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers eligible to vote in a referendum, to determine if watermelon producers, handlers, and importers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce, handle, or import more than 50 per cent of the combined total of the volume of the watermelons produced by the producers, handled by the handlers, or imported by the importers voting in the referendum.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (b). Pub. L. 103–189, § 8(j)(3), struck out at end “Any such referendum shall be conducted at county extension offices.” Pub. L. 103–189, § 8(j)(2)(C), which directed the substitution of “, handled by the handlers, or imported by the importers” for “or handled by the handlers,” in second sentence, was executed by making the substitution in text which did not contain a comma after the word “handlers”, to reflect the probable intent of Congress. Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “at least 10 percent of the combined total” for “10 per centum or more” and “, handlers, and importers” for “and handlers” in two places, and in second sentence, substituted “, handle, or import” for “or handle” and “50 percent of the combined total” for “50 per centum”.

§4913 Suspension or Termination of Plans

Summary

Title 7, §4913

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata