7 U.S.C. § 6414: Suspension or termination of…

Summary

The Secretary must stop or pause an order, or any part of it, if it gets in the way of the law’s goals or does not help carry them out. The Secretary can hold a vote of fluid milk processors at any time to ask whether to suspend or end the order. The Secretary must hold a vote if the Board or a group of processors that together marketed at least 10 percent of the volume in a Secretary-chosen time period asks for it. If at least 50 percent of voting processors vote yes, and those yes votes represent 40 percent or more of the volume marketed by voting processors, the Secretary must suspend or end collections and activities under the order within 6 months and do so in an orderly way. The same cost and procedure rules that govern other referenda also apply. Representative period: the time span the Secretary uses to measure who counts.

Title 7, §6414

Agriculture, Source: USLM XML via OLRC

(a)Suspension or termination by Secretary

The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of the order or provision.

(b)Other referenda

(1)In general

The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the preceding referendum.

(2)Suspension or termination

If the Secretary determines that the suspension or termination is favored—

(A)by at least 50 percent of fluid milk processors voting in the referendum; and

(B)by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;

the Secretary shall, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.

(3)Costs; manner

Subsections (c) and (d) of section 6413 of this title shall apply to a referendum conducted under this subsection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Pub. L. 107–171 redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out heading and text of former subsec. (a). Text read as follows: “Any order effective under this chapter shall be terminated December 31, 2002. The Secretary shall— “(1) terminate the collection of assessments under the order upon such date; and “(2) terminate activities under the order in an orderly manner as soon as practicable after such date.” 1996—Subsec. (a). Pub. L. 104–127, § 146(e), substituted “2002” for “1996” in introductory provisions. Subsec. (c)(1). Pub. L. 104–127, § 146(d)(2)(A), substituted “fluid milk processors voting in the preceding referendum” for “all processors”. Subsec. (c)(2)(B). Pub. L. 104–127, § 146(d)(2)(B), substituted “fluid milk processors voting in the referendum;” for “all processors;”.

§6414 Suspension or Termination of Orders

Summary

Title 7, §6414

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata