Title 7, AgricultureRelease 119-110

§6413 Requirement of Initial Referendum

Title 7 › CHAPTER 93 — PROCESSOR-FUNDED MILK PROMOTION PROGRAM › § 6413

Last updated Sep 22, 2026|Official source

Summary

The Secretary must hold a vote of fluid milk processors during the 60-day period just before an order would start to see if the order should go into effect. The order will take effect if at least 50 percent of the processors who vote approve it, and the processors who sold milk during the representative period account for 60 percent or more of the volume marketed by those who voted. The Secretary decides how the vote is run. Processors who want to vote must register before the voting period after getting the Secretary’s notice. Ballots and information that could reveal how a processor voted are kept confidential. The Secretary must notify all processors at least 30 days before the vote. Any Department costs for the vote must be paid back from assessments collected by the Board.

Full Legal Text

Title 7, §6413

Agriculture, Source: USLM XML via OLRC

(a)In general
Within the 60-day period immediately preceding the effective date of an order issued under section 6405(a) of this title, the Secretary shall conduct a referendum among fluid milk processors to ascertain whether the order shall go into effect.
(b)Implementation
If, as a result of the referendum conducted under subsection (a), the Secretary determines that implementation of the order is favored—
(1)by at least 50 percent of fluid milk processors voting in the referendum; and
(2)by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
the order shall become effective as provided in section 6405(b) of this title.
(c)Costs of referendum
The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this chapter.
(d)Manner
(1)In general
Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.
(2)Advance registration
A fluid milk processor who chooses to vote in any referendum conducted under this chapter shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
(3)Voting
A fluid milk processor who votes in any referendum conducted under this chapter shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential.
(4)Notice
The Secretary shall notify all processors at least 30 days prior to a referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (b)(2). Pub. L. 104–127 substituted “fluid milk processors voting in the referendum;” for “all processors;”.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6413

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110