Title 7 — AgricultureRelease 119-73not60

§7470 Referenda

Title 7 › Chapter 101— AGRICULTURAL PROMOTION › Subchapter IV— KIWIFRUIT › § 7470

Last updated Apr 3, 2026|Official source

Summary

Before an order under section 7463 can take effect, the Secretary must hold a vote of the kiwifruit producers and importers who would pay the fees. The vote must happen during the 60-day period before the order's proposed start. The order only goes into effect if a majority of those voting approve it and the supporters account for more than 50 percent of the total kiwifruit volume produced and imported by voters. The Secretary can also hold votes to decide if an active order should continue, stop, or be paused. A vote must be held at the end of each 6-year period from the order’s start, if the Board asks, or if at least 30 percent of affected producers and importers petition for one. If a majority voting favor suspension or ending and those in favor represent over 50 percent of the voting volume, the order is suspended or ended at the close of the marketing year. Ballots, reports that show how people voted, and the voting list must be kept secret.

Full Legal Text

Title 7, §7470

Agriculture — Source: USLM XML via OLRC

(a)(1)During the 60-day period immediately preceding the proposed effective date of an order issued under section 7463 of this title, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order.

(2)The order shall become effective, as provided in section 7463 of this title, if the Secretary determines that—

(A)the order has been approved by a majority of the producers and importers voting in the referendum; and

(B)the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.

(b)The Secretary may periodically conduct a referendum to determine if kiwifruit producers and importers favor the continuation, termination, or suspension of any order issued under section 7463 of this title that is in effect at the time of the referendum.

(c)The Secretary shall hold a referendum under subsection (b)—

(1)at the end of the 6-year period beginning on the effective date of the order and at the end of each subsequent 6-year period;

(2)at the request of the Board; or

(3)if not less than 30 percent of the kiwifruit producers and importers subject to assessments under the order submit a petition requesting the referendum.

(d)On completion of a referendum under subsection (b), the Secretary shall suspend or terminate the order that was subject to the referendum at the end of the marketing year if—

(1)the suspension or termination of the order is favored by not less than a majority of the producers and importers voting in the referendum; and

(2)the producers and importers produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.

(e)The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this subchapter and the voting list shall be held strictly confidential and shall not be disclosed.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7470

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60