§ 2623. — Referendum.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2623]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2623. Referendum
(a) Secretary's duty to conduct; purpose of referendum
The Secretary shall conduct a referendum among producers, who during
a representative period determined by the Secretary have been engaged in
the production of potatoes, for the purpose of ascertaining whether the
issuance of a plan is approved or favored by such producers. When the
issuance of a plan would subject importers to the terms and conditions
of a plan, the Secretary also shall conduct the referendum among
importers, who during a representative period determined by the
Secretary have been engaged in the importation of potatoes, for the
purpose of ascertaining whether the issuance of such plan is approved or
favored by such importers.
(b) Required margin of approval
No plan issued under this chapter shall be effective unless the
Secretary determines that the issuance of such plan is approved or
favored by not less than a majority of the producers voting in such
referendum or a majority of the producers and importers when the
issuance of a plan would subject importers to the terms and conditions
of a plan, voting in such referendum.
(c) Amendments
The failure of potato producers and importers to approve an
amendment to any plan issued under this chapter shall not be deemed to
invalidate such plan.
(d) Penalties for disclosure of confidential information, ballots and
reports
The ballots and other information or reports which reveal or tend to
reveal the vote of any producer or his production of potatoes, or any
importer or the volume of potatoes imported by such importer, shall be
held strictly confidential and shall not be disclosed. Any officer or
employee of the Department of Agriculture violating the provisions
hereof shall upon conviction be subject to the penalties provided in
section 2619(c) of this title.
(Pub. L. 91-670, title III, Sec. 314, Jan. 11, 1971, 84 Stat. 2046; Pub.
L. 97-244, Sec. 4, Aug. 26, 1982, 96 Stat. 311; Pub. L. 101-624, title
XIX, Sec. 1944, Nov. 28, 1990, 104 Stat. 3868.)
Amendments
1990--Subsec. (a). Pub. L. 101-624, Sec. 1944(1), inserted at end
``When the issuance of a plan would subject importers to the terms and
conditions of a plan, the Secretary also shall conduct the referendum
among importers, who during a representative period determined by the
Secretary have been engaged in the importation of potatoes, for the
purpose of ascertaining whether the issuance of such plan is approved or
favored by such importers.''
Subsec. (b). Pub. L. 101-624, Sec. 1944(2), substituted ``a majority
of the producers voting in such referendum or a majority of the
producers and importers when the issuance of a plan would subject
importers to the terms and conditions of a plan, voting in such
referendum'' for ``two-thirds of the producers voting in such
referendum, or by the producers of not less than two-thirds of the
potatoes 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''.
Subsec. (c). Pub. L. 101-624, Sec. 1944(3), inserted ``and
importers'' after ``producers''.
Subsec. (d). Pub. L. 101-624, Sec. 1944(4), inserted ``, or any
importer or the volume of potatoes imported by such importer,'' after
``potatoes''.
1982--Pub. L. 97-244 designated existing provisions as subsecs. (a),
(b) and (d), in subsec. (a), as so redesignated, inserted commas after
``referendum among producers'' and ``production of potatoes'', struck
out commas after ``who'' and ``determined by the Secretary'', and
substituted ``by such producers'' for ``by producers'', in subsec. (b),
as so redesignated, substituted ``under this chapter'' for ``pursuant to
this chapter'', and added subsec. (c).
Construction of 1982 Referendum on Amendments to Plan
Pub. L. 98-171, Sec. 2(b), Nov. 29, 1983, 97 Stat. 1118, provided
that: ``The failure of potato producers in December 1982 to approve
amendments to the plan issued under this title [probably means title III
of Pub. L. 91-670 which is classified to this chapter] shall not be
deemed to invalidate the plan.''
Section Referred to in Other Sections
This section is referred to in section 2617 of this title.
