Title 7, AgricultureRelease 119-110

§7470 Referenda

Title 7 › CHAPTER 101 — AGRICULTURAL PROMOTION › SUBCHAPTER IV — KIWIFRUIT › § 7470

Last updated Sep 22, 2026|Official source

Summary

The Secretary must hold a vote of kiwifruit producers and importers within the 60 days before a planned order starts to see if they agree to the order and its assessments. The order can only go into effect if a majority of voters approve and those who approve account for more than 50 percent of the total kiwifruit volume produced and imported by voters. Later votes can be held to decide whether to keep, stop, or pause an order. The Secretary must hold such a vote every 6 years after the order starts, if the Board asks, or if at least 30 percent of the producers and importers under the order ask for it by petition. If a majority of voters and more than 50 percent by volume favor suspension or ending, the Secretary must suspend or end the order at the end of the marketing year. Ballots, any reports that could show how someone voted, and the voting list must be kept strictly confidential.

Full Legal Text

Title 7, §7470

Agriculture, Source: USLM XML via OLRC

(a)Initial referendum

(1)Referendum required

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)Approval of order

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)Subsequent referenda

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)Required referenda

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)Vote

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)Confidentiality

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

Sep 22, 2026

Release point: 119-110