Title 7, AgricultureRelease 119-110

§6105 Referenda

Title 7 › CHAPTER 90 — MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION › § 6105

Last updated Sep 22, 2026|Official source

Summary

The Secretary must hold a vote of mushroom producers and importers within the 60 days before an order’s effective date under section 6103(b) to decide if the order should take effect. The order will go into effect only if a majority of those voting approve and that approving group, on average each year, produces and imports more than 50 percent of the mushrooms produced and imported by all voters. Five years after the order starts, the Secretary must hold another vote asking producers and importers whether to continue, stop, or pause the order. Starting three years after the order starts, a group representing at least 30 percent of producers and importers may ask the Secretary to hold a vote on stopping or pausing the order. If a vote favors suspension or ending under the same majority and over-50-percent rule, the Secretary must stop collecting assessments within 6 months and stop or wind down order activities as soon as practical. The Secretary decides how to run these votes.

Full Legal Text

Title 7, §6105

Agriculture, Source: USLM XML via OLRC

(a)Initial referendum
(1)In general
Within the 60-day period immediately preceding the effective date of an order issued under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether the order shall go into effect.
(2)Approval of order
The order shall become effective, as provided in section 6103(b) of this title, if the Secretary determines that the order has been approved by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum.
(b)Succeeding referenda
(1)Determination concerning order
(A)In general
Effective 5 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether they favor continuation, termination, or suspension of the order.
(B)Request for referendum
Effective beginning 3 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary, on request of a representative group comprising 30 percent or more of the number of mushroom producers and importers, may conduct a referendum to ascertain whether producers and importers favor termination or suspension of the order.
(2)Suspension or termination
If, as a result of any referendum conducted under paragraph (1), the Secretary determines that suspension or termination of an order is favored by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum, the Secretary shall—
(A)within 6 months after making such determination, suspend or terminate, as appropriate, collection of assessments under the order; and
(B)suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
(c)Manner
Referenda conducted pursuant to this section shall be conducted in such a manner as is determined by the Secretary.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6105

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110