§7446 Referenda

Summary

Within 30 months after an order first starts, the Secretary must hold a vote of canola and rapeseed producers who were active during a representative period set by the Secretary to decide if the order should continue. The Secretary must give broad public notice (for example, newspapers, electronic media, and notices at county extension and FSA offices) that explains when the vote will happen, how to register and vote, and rules for absentee voting. The order stays in place only if a majority of voters approve. If a majority does not approve, collections of assessments stop within 180 days and the order is ended as soon as practical. Producers can ask for additional votes. If 10 percent or more of the producers who were active during a representative period ask, the Secretary must hold a vote of all such producers on whether to suspend or end the order. If a majority favors suspension or termination, collections stop within 180 days and the order is suspended or ended as soon as practical. Starting 5 years after a referendum and every 5 years after that, the Secretary must give producers a chance to request another vote in person at county extension or FSA offices or by mail (mail forms may be provided). The Secretary will publish a Federal Register notice and the Board will notify producers at least 60 days before the in-person request period ends. If enough requests come in, the Secretary must hold the vote within 1 year. Each vote may run up to 3 days, voters must certify they produced canola or rapeseed during the representative period, voting places are set by the Secretary, absentee mail ballots are available on request, and the Secretary’s expenses are paid from Board-collected assessments.