Title 7, AgricultureRelease 119-110

§6806 Referenda

Title 7 › CHAPTER 97 — FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND INFORMATION › § 6806

Last updated Sep 22, 2026|Official source

Summary

The Secretary must hold a vote of the handlers who pay the fees within 3 years after an order starts to see if the order should continue. The order only stays in effect if more than half of the votes cast approve it. Each handler gets one vote for each separate facility they operate that counts as eligible. A separate facility is one that is physically apart or does very different work from the handler’s other facilities. A separate facility is eligible if its yearly sales of cut flowers and cut greens to retailers and exempt handlers are $750,000 or more. How annual sales are counted follows parts (A) and (C) of section 6802(4). If the order is approved, starting 3 years after that approval the Secretary may hold a vote at any time to see if handlers want to suspend or end the order. The Secretary must hold such a vote if the PromoFlor Council or a group representing 30 percent or more of the handlers asks for it. If a vote favors ending or suspending the order by more than half, the Secretary must stop collecting assessments within 180 days and wind down the order’s activities as soon as reasonably possible. The Secretary decides how the votes are run.

Full Legal Text

Title 7, §6806

Agriculture, Source: USLM XML via OLRC

(a)Requirement for initial referendum

(1)In general

Not later than 3 years after the issuance of an order under section 6803(b)(3) of this title, the Secretary shall conduct a referendum among qualified handlers required to pay assessments under the order, as provided in section 6804(h)(1) of this title, subject to the voting requirements of subsection (b), to ascertain whether the order then in effect shall be continued.

(2)Approval of order needed

The order shall be continued only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum. If the order is not approved, the Secretary shall terminate the order as provided in subsection (d).

(b)Votes permitted

(1)In general

Each qualified handler eligible to vote in a referendum conducted under this section shall be entitled to cast 1 vote for each separate facility of the person that is an eligible separate facility, as defined in paragraph (2).

(2)Eligible separate facility

For the purpose of paragraph (1):

(A)Separate facility

A handling or marketing facility of a qualified handler shall be considered to be a separate facility if the facility is physically located away from other facilities of the qualified handler or the business function of the facility is substantially different from the functions of other facilities owned or operated by the qualified handler.

(B)Eligibility

A separate facility of a qualified handler shall be considered to be an eligible separate facility if the annual sales of cut flowers and cut greens to retailers and exempt handlers from the facility are $750,000 or more.

(C)Annual sales determined

For the purpose of determining the amount of annual sales of cut flowers and cut greens under subparagraph (B), subparagraphs (A) and (C) of section 6802(4) of this title shall apply.

(c)Suspension or termination referenda

If an order is approved in a referendum conducted under subsection (a), effective beginning on the date that is 3 years after the date of the approval, the Secretary—

(1)at the discretion of the Secretary, may conduct at any time a referendum of qualified handlers required to pay assessments under the order, as provided in section 6804(h)(1) of this title, subject to the voting requirements of subsection (b), to ascertain whether qualified handlers favor suspension or termination of the order; and

(2)if requested by the PromoFlor Council or by a representative group comprising 30 percent or more of all qualified handlers required to pay assessments under the order, as provided in section 6804(h)(1) of this title, shall conduct a referendum of all qualified handlers required to pay assessments under the order, as provided in section 6804(h)(1) of this title, subject to the voting requirements of subsection (b), to ascertain whether qualified handlers favor suspension or termination of the order.

(d)Suspension or termination

If, as a result of the referendum conducted under subsection (a), the Secretary determines that the order has not been approved by a simple majority of all votes cast in the referendum, or as a result of a referendum conducted under subsection (c), the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall—

(1)not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and

(2)suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner.

(e)Manner of conducting referenda

Referenda under this section shall be conducted in such manner as is determined appropriate by the Secretary.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6806

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110