§7417 Referenda

Summary

The Secretary must hold votes (referenda) so people who pay assessments for an agricultural commodity can say whether an order for that commodity should start, continue, be suspended, or end. People who pay are those who produced, handled, or imported the commodity during a time period the Secretary picks. An initial vote can be done if the order allows it, and the Secretary can make the industry post a bond to cover the cost. A required vote must happen no later than 3 years after assessments begin unless an initial vote was already held. Another mandatory vote must happen no later than 7 years after assessments start, or sooner if the order’s board asks or if at least 10 percent of eligible voters request it. The Secretary may also hold a vote at any time. Approval can be by a majority of voters, by voters who together represent a majority of the commodity’s volume, or both. The order’s board must repay the Secretary’s referendum costs. The Secretary decides how to run the vote. If needed, voters may have to register ahead of time by mail or in person through national or local Department offices. Voting can be by mail or in person. The Secretary must notify the industry at least 30 days before the vote and explain the registration and voting rules.