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Title 7, AgricultureRelease 119-110

§7485 Referenda

Title 7 › CHAPTER 101 — AGRICULTURAL PROMOTION › SUBCHAPTER V — POPCORN › § 7485

Last updated Sep 22, 2026|Official source

Summary

The Secretary must hold a vote among processors during the 60 days before an order takes effect. Only processors who processed during a time period the Secretary picks can vote. The order will take effect only if a majority of voting processors approve and that approving group handled more than 50 percent of the certified popcorn during that period. At least 3 years after the order starts, the Secretary may hold another vote if the Board or at least 30 percent of processors ask. If at least two‑thirds (2/3) of voting processors favor stopping the order, the Secretary must stop collecting assessments within 180 days and suspend or end the order as soon as possible. The Board must reimburse the Secretary from assessments for referendum costs. The Secretary decides how to run the vote. Ballots and voting information are confidential, and Department employees who knowingly reveal them face the penalties in section 7484(i)(3)(C)(ii).

Full Legal Text

Title 7, §7485

Agriculture, Source: USLM XML via OLRC

(a)Initial referendum
(1)In general
Within the 60-day period immediately preceding the effective date of an order, as provided in section 7483(b)(3) of this title, the Secretary shall conduct a referendum among processors who, during a representative period as determined by the Secretary, have been engaged in processing, for the purpose of ascertaining whether the order shall go into effect.
(2)Approval of order
The order shall become effective, as provided in section 7483(b) of this title, only if the Secretary determines that the order has been approved by not less than a majority of the processors voting in the referendum and if the majority processed more than 50 percent of the popcorn certified as having been processed, during the representative period, by the processors voting.
(b)Additional referenda
(1)In general
Not earlier than 3 years after the effective date of an order approved under subsection (a), on the request of the Board or a representative group of processors, as described in paragraph (2), the Secretary may conduct additional referenda to determine whether processors favor the suspension or termination of the order.
(2)Representative group of processors
An additional referendum on an order shall be conducted if the referendum is requested by 30 percent or more of the number of processors who, during a representative period as determined by the Secretary, have been engaged in processing.
(3)Disapproval of order
If the Secretary determines, in a referendum conducted under paragraph (1), that suspension or termination of the order is favored by at least ⅔ of the processors voting in the referendum, the Secretary shall—
(A)suspend or terminate, as appropriate, collection of assessments under the order not later than 180 days after the date of determination; and
(B)suspend or terminate the order, as appropriate, in an orderly manner as soon as practicable after the date of determination.
(c)Costs of referendum
The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred by the Secretary in connection with the conduct of any referendum under this section.
(d)Method of conducting referendum
Subject to this section, a referendum conducted under this section shall be conducted in such manner as is determined by the Secretary.
(e)Confidentiality of ballots and other information
(1)In general
The ballots and other information or reports that reveal or tend to reveal the vote of any processor, or any business operation of a processor, shall be considered to be strictly confidential and shall not be disclosed.
(2)Penalty for violations
An officer or employee of the Department who knowingly violates paragraph (1) shall be subject to the penalties described in section 7484(i)(3)(C)(ii) of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7485

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110