§ 2108. — Suspension and termination of orders.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2108]
TITLE 7--AGRICULTURE
CHAPTER 53--COTTON RESEARCH AND PROMOTION
Sec. 2108. Suspension and termination of orders
(a) Discretionary suspension or termination by Secretary
The Secretary shall, whenever he finds that any order issued under
this chapter, or any provision thereof, obstructs or does not tend to
effectuate the declared policy of this chapter, terminate or suspend the
operation of such order or such provision thereof.
(b) Suspension or termination resulting from referendum with cotton
producers and importers
The Secretary may conduct a referendum at any time, and shall hold a
referendum on request of a number of producers and importers (if subject
to the order) equivalent to at least 10 percent of those persons voting
in the most recent referendum, to determine whether cotton producers and
importers subject to the order favor the termination or suspension of
the order, 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 (if subject to the order). The Secretary
shall suspend or terminate the order at the end of the marketing year,
as defined in the order, whenever the Secretary determines suspension or
termination of the order is approved by a majority of producers and
importers (subject to the order) voting in the referendum who, during a
representative period determined by the Secretary, have been engaged in
the production and importation of cotton and who produced and imported
more than 50 percent of the volume of cotton produced and imported by
those voting in the referendum.
(c) Suspension or termination of any order not deemed order within
meaning of this chapter
The termination or suspension of any order, or any provision
thereof, shall not be considered an order within the meaning of this
chapter.
(Pub. L. 89-502, Sec. 9, July 13, 1966, 80 Stat. 283; Pub. L. 101-624,
title XIX, Sec. 1994, Nov. 28, 1990, 104 Stat. 3912.)
Amendments
1990--Subsec. (b). Pub. L. 101-624 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ``The Secretary may
conduct a referendum at any time, and shall hold a referendum on request
of 10 per centum or more of the number of cotton producers voting in the
referendum approving the order, to determine whether cotton producers
favor the termination or suspension of the order, and he shall suspend
or terminate such order at the end of the marketing year, as defined in
the order, whenever he determines that suspension or termination of the
order is approved or favored by a majority of the producers of cotton
voting in such referendum who, during a representative period determined
by the Secretary, have been engaged in the production of cotton, and who
produced more than 50 per centum of the volume of the cotton produced by
the cotton producers voting in the referendum.''
