Title 7, AgricultureRelease 119-110

§7105 Referenda

Title 7 › CHAPTER 99 — SHEEP PROMOTION, RESEARCH, AND INFORMATION › § 7105

Last updated Sep 22, 2026|Official source

Summary

After an order is issued, the Secretary must hold a vote of sheep producers, feeders, and importers who were active during a representative period the Secretary sets. The order only starts if a majority of voters approve it or if the voters represent at least two-thirds of the production. Later, if a group made up of at least 10% of those active (including processors) asks, the Secretary must hold another vote on stopping or pausing the order. If a majority of voters or at least two-thirds of the production favor suspension or ending, the Secretary must stop collecting the order’s assessments within 180 days and end the order as soon as practical. The group that runs the program must pay the Secretary’s referendum costs, except not for federal employee salaries if the Secretary finds repayment too costly. The Secretary sets the vote date and locations. Voters must prove they were active during the representative period and vote that same day. Absentee ballots are available by request in person, by mail, or by phone. The Secretary will also decide how to count importers’ share of production using a pro rata method based on projected or actual assessment amounts.

Full Legal Text

Title 7, §7105

Agriculture, Source: USLM XML via OLRC

(a)Initial referendum
(1)In general
Following the issuance of an order under section 7103 of this title, the Secretary shall conduct a referendum among producers, feeders, and importers who, during a representative period as determined by the Secretary, have been engaged in the production, feeding, or importation of sheep or sheep products for the purpose of ascertaining whether the order shall go into effect.
(2)Approval of order
The order shall become effective only if the Secretary determines that the order has been approved by not less than a majority of the producers, feeders, and importers voting in the referendum or at least ⅔ of the production represented by persons voting in the referendum.
(b)Additional referenda
(1)In general
After the initial referendum, on the request of a representative group comprising 10 percent or more of the producers, feeders, and importers who, during a representative period as determined by the Secretary, have been engaged in the production, feeding, importation, or processing of sheep or sheep products, the Secretary shall conduct a referendum of producers, feeders, and importers to determine whether the producers, feeders, and importers favor the termination or suspension of the order.
(2)Suspension or termination
If the Secretary determines that suspension or termination of the order is favored by a majority of the producers, feeders, and importers voting in the referendum or at least ⅔ of the production represented by the persons voting in the referendum, the Secretary shall suspend or terminate—
(A)collection of assessments under the order not later than 180 days after the determination; and
(B)the order in an orderly manner as soon as practicable after the determination.
(c)Procedures
(1)Reimbursement
(A)In general
Except as provided in subparagraph (B), the Board shall reimburse the Secretary for any expenses incurred by the Secretary in connection with the conduct of any referendum under this section.
(B)Federal employee salaries
The Board shall not be required to reimburse the Secretary for the salaries of Federal employees under subparagraph (A) if the Secretary determines that the reimbursement would be overly burdensome and costly.
(2)Date
Each referendum under this section shall be conducted on a date established by the Secretary, under a procedure by which producers, feeders, and importers intending to vote in the referendum shall certify that the producers, feeders, and importers were engaged in the production, feeding, or importation of sheep or sheep products during the representative period and, on the same day, shall be provided an opportunity to vote in the referendum.
(3)Place
Referenda under this section shall be conducted at locations determined by the Secretary. Absentee mail ballots shall be furnished by the Secretary on request made in person, by mail, or by telephone.
(4)Allocation of production
The Secretary shall determine a method of allocating, by a pro rata percentage of annual projected or actual assessments from importers, the volume of production represented by importers in referenda conducted pursuant to this section.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7105

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110