§6209 — Title 7 Agriculture | U.S. Code

Summary

Within 30 months after assessments start, the Secretary must hold a vote of growers, grower-handlers, and importers who are not exempt and who produced or imported limes in a representative period the Secretary picks. If a majority of those voting approve the order, the order stays in effect. Ballots and any reports that could show how someone voted must be kept strictly confidential. While the vote is pending, 10 percent of the assessments collected before the results are announced must be put into an escrow account. If the order is approved, that money is released for the program. If the order is not approved and the escrow is not enough to cover refund demands, eligible people can ask for a refund in person, using the Board’s form and rules, within the time the Board sets but at least 90 days after the results are published, and must prove they paid the assessment and did not pass it on. Any money not refunded will be released for the program.

Title 7, §6209

Agriculture — Source: USLM XML via OLRC

(a)Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—

(1)are not exempt from assessment under section 6204(d)(5) of this title; and

(2)produced or imported limes during a representative period as determined by the Secretary.

(b)The referendum referred to in subsection (a) is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.

(c)The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this section, or section 6210 of this title, shall be held strictly confidential and shall not be disclosed.

(d)(1)A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.

(2)If the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a), the funds in the escrow account shall be released to be used for the purposes of this chapter.

(3)(A)If—

(i)the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and

(ii)the plan is not approved pursuant to the referendum conducted under subsection (a);

(B)A producer, producer-handler, or importer shall be eligible to receive a refund—

(i)if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and

(ii)on submission of proof satisfactory to the Board that the person paid the assessment for which refund is sought and did not collect the assessment from another person.

(C)Any funds not refunded under this paragraph shall be released to be used to carry out this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (a). Pub. L. 103–194 substituted “Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title,” for “Not later than 2 years after the date on which the Secretary first issues an order under section 6203(a),”.

§6209 Initial Referendum

Summary

Title 7, §6209

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata