§ 2107. — Referenda.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2107]
TITLE 7--AGRICULTURE
CHAPTER 53--COTTON RESEARCH AND PROMOTION
Sec. 2107. Referenda
(a) Referendum and cotton producer approval of orders
The Secretary shall conduct a referendum among persons who, during a
representative period determined by the Secretary, have been engaged in
the production of cotton for the purpose of ascertaining whether the
issuance of an order is approved or favored by producers. No order
issued pursuant to this chapter shall be effective unless the Secretary
determines that the issuance of such order is approved or favored by not
less than two-thirds of the producers voting in such referendum, or by
the producers of not less than two-thirds of the cotton produced during
the representative period by producers voting in such referendum and by
not less than a majority of the producers voting in such referendum.
(b) Referendum on proposed amendment to order implementing provisions of
1990 amendments to this chapter
(1) Notwithstanding the provisions of sections 2103 and 2104 of this
title, not later than 150 days after the date of enactment of the Cotton
Research and Promotion Act Amendments of 1990 [November 28, 1990], and
after notice and opportunity for public comment, the Secretary shall
issue a proposed amendment to the order implementing the provisions of
such Act, which shall become effective as provided in paragraph (2).
(2) Notwithstanding the provisions of subsection (a) of this
section, the Secretary shall, within a period not to exceed 8 months
after November 28, 1990, conduct a referendum among persons who have
been cotton producers during a representative period, as determined by
the Secretary, and persons who are importers of cotton and who, during a
12-month period ending not later than 90 days prior to the conduct of
the referendum under this section imported a quantity of cotton in
excess of the de minimis quantity (if any) established by the Secretary
under section 2116(c)(2) of this title, for the purpose of ascertaining
if a majority of those voting approve the proposed amendment to the
order issued by the Secretary under paragraph (1). The Secretary shall
announce the results of the referendum within 30 days after the date of
such referendum. If the amendment is approved in the referendum, within
a period not to exceed 90 days from the date of announcement of the
results of such referendum, the Secretary shall publish the amendment to
the order and regulations implementing the amendment provided for in
this subsection.
(c) Future referendums every five years or by request of cotton
producers and importers
(1) Notwithstanding the provisions of sections 2103 and 2104 of this
title, once every five years after the date of the referendum provided
for under subsection (b) of this section, the Secretary shall conduct a
review to ascertain whether a referendum is needed to determine whether
producers and importers favor continuation of the amendment to the order
provided for in the Cotton Research and Promotion Act Amendments of 1990
if such amendment is then in effect or, if such an amendment is not in
effect, whether they favor approval of such amendment. The Secretary
shall make a public announcement of the results of the review within 60
days after each fifth anniversary date of the referendum provided for
under subsection (b) of this section. If the Secretary determines to
provide for such a referendum, the Secretary shall conduct the
referendum within 12 months after a public announcement of the
determination to conduct the referendum.
(2) If the Secretary does not provide for such a referendum on the
Secretary's own initiative, the Secretary shall conduct such a
referendum upon the request of 10 percent or more of the number of
cotton producers and importers voting in the most recent referendum,
except that, in counting such requests for a referendum, not more than
20 percent of such requests may be from producers from any one State or
importers of cotton. Producers and importers may sign up to request such
a referendum at the county office of the Agricultural Stabilization and
Conservation Service, or county extension agent, or by mailing such a
request to the Secretary, as prescribed in regulations. The sign-up
period shall be for a period not to exceed 90 days, shall commence 60
days after the Secretary makes a public announcement of a determination
not to provide for a referendum on the Secretary's own initiative, and
shall be publicized by the Secretary and the Cotton Board immediately
after such public announcement. The referendum shall be held within 12
months after the end of the sign-up period, if requested by the
requisite number of persons.
(3) The amendment to the order provided for in this subsection shall
not be effective if it is disapproved by a majority of cotton producers
and importers of cotton voting in the referendum.
(Pub. L. 89-502, Sec. 8, July 13, 1966, 80 Stat. 283; Pub. L. 101-624,
title XIX, Sec. 1993, Nov. 28, 1990, 104 Stat. 3911; Pub. L. 102-237,
title VIII, Sec. 808(a)(2), Dec. 13, 1991, 105 Stat. 1883.)
References in Text
The Cotton Research and Promotion Act Amendments of 1990, referred
to in subsecs. (b)(1) and (c)(1), is subtitle G [Secs. 1990-1998] of
title XIX of Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3909, which
amended sections 2101, 2106 to 2110, and 2116 of this title and enacted
provisions set out as notes under section 2101 of this title. For
complete classification of this Act to the Code, see Short Title of 1990
Amendment note set out under section 2101 of this title and Tables.
Amendments
1991--Subsec. (b)(2). Pub. L. 102-237 made technical amendment to
reference to section 2116(c)(2) of this title to correct error in
corresponding reference in original act.
1990--Pub. L. 101-624 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
Section Referred to in Other Sections
This section is referred to in sections 2106, 2109, 2110 of this
title.
