Title 7, AgricultureRelease 119-110

§7805 Referenda

Title 7 › CHAPTER 105 — HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION › § 7805

Last updated Sep 22, 2026|Official source

Summary

The Secretary must hold a vote of producers and importers during the 60 days right before a proposed order would start. The order only goes into effect if more than half of the votes cast approve it. Each eligible producer or importer gets one vote if they have sold Hass avocados for at least 1 year before the vote. Voters must register after they get notice from the Secretary. The Secretary sets the voting rules, must notify everyone at least 30 days before the vote, and keep ballots and any voter-identifying information strictly confidential. If the order is approved, starting 3 years after approval the Secretary may hold another vote at any time, or must hold one if the Board or a group representing 30 percent or more of those who pay assessments asks. If a simple majority votes to suspend or end the order, the Secretary must stop collecting assessments within 180 days and stop order activities as soon as practicable and in an orderly way.

Full Legal Text

Title 7, §7805

Agriculture, Source: USLM XML via OLRC

(a)Requirements for initial referendum

(1)Referendum required

During the 60-day period immediately preceding the proposed effective date of an order issued under section 7803(b)(3) of this title, the Secretary shall conduct a referendum among producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title.

(2)Approval of order needed

The order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum.

(b)Votes permitted

(1)In general

Each producer and importer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote if they satisfy the eligibility requirements as defined in paragraph (2).

(2)Eligibility

For purposes of paragraph (1), producers and importers, as these terms are defined in section 7802 of this title, shall be considered to be eligible to vote if they have been producers or importers with sales of Hass avocados during a period of at least 1 year prior to the referendum.

(c)Manner of conducting referenda

(1)In general

Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.

(2)Advance registration

A producer or importer of Hass avocados who chooses to vote in any referendum conducted under this chapter shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).

(3)Voting

A producer or importer of Hass avocados who chooses to vote in any referendum conducted under this chapter shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential.

(4)Notice

The Secretary shall notify all producers and importers at least 30 days prior to the referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.

(d)Subsequent referenda

If an order is approved in a referendum conducted under subsection (a), effective beginning on the date that is 3 years after the date of the approval, the Secretary—

(1)at the discretion of the Secretary, may conduct at any time a referendum of producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible producers and importers favor suspension, termination, or continuance of the order; or

(2)shall conduct a referendum of eligible producers and importers if requested by the Board or by a representative group comprising 30 percent or more of all producers and importers required to pay assessments under the order, as provided in section 7804(h)(1) of this title, subject to the voting requirements of subsections (b) and (c), to ascertain whether producers and importers favor suspension, termination, or continuance of the order.

(e)Suspension or termination

If, as a result of a referendum conducted under subsection (d), the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall—

(1)not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and

(2)suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7805

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110