§ 2708. — Referendum among egg producers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2708]
TITLE 7--AGRICULTURE
CHAPTER 60--EGG RESEARCH AND CONSUMER INFORMATION
Sec. 2708. Referendum among egg producers
(a) Producer approval of order
The Secretary shall conduct a referendum among egg producers not
exempt hereunder who, during a representative period determined by the
Secretary, have been engaged in the production of commercial eggs, for
the purpose of ascertaining whether the issuance of an order is approved
or favored by such 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 a majority of the producers
voting in such referendum if such majority produced not less than two-
thirds of the commercial eggs produced during a representative period
defined by the Secretary.
(b) Request by Egg Board for referendum
(1) If the Egg Board determines, based on a scientific study,
marketing analysis, or other similar competent evidence, that an
increase in the assessment rate is needed to ensure that assessments
under the order are set at an appropriate level to effectuate the policy
declared in section 2701 of this title, the Egg Board may request that
the Secretary conduct a referendum, as provided in paragraph (2).
(2)(A) If the Egg Board requests the Secretary to conduct a
referendum under paragraph (1) or (3), the Secretary shall conduct a
referendum among egg producers not exempt from this chapter who, during
a representative period determined by the Secretary, have been engaged
in the production of commercial eggs, for the purpose of ascertaining
whether the producers approve the change in the assessment rate proposed
by the Egg Board.
(B) The change in the assessment rate shall become effective if the
change is approved or favored by--
(i) not less than two-thirds of the producers voting in the
referendum; or
(ii) a majority of the producers voting in the referendum, if
the majority produced not less than two-thirds of all the commercial
eggs produced by the producers voting during a representative period
defined by the Secretary.
(3)(A) In the case of the order in effect on December 14, 1993, the
Egg Board shall determine under paragraph (1), as soon as practicable
after December 14, 1993, whether to request that the Secretary conduct a
referendum under paragraph (2).
(B) If the Egg Board makes such a request on the basis of competent
evidence, as provided in paragraph (1), the Secretary shall conduct the
referendum as soon as practicable, but not later than--
(i) 120 days after receipt of the request from the Egg Board; or
(ii) if the Director of the Office of Management and Budget
determines that the change in the assessment rate is a significant
action that requires review by the Director, 170 days after receipt
of the request from the Egg Board.
(4) Notwithstanding any other provision of this chapter, if an
increase in the assessment rate and the authority for additional
increases is approved by producers in a referendum conducted under this
subsection, the Secretary shall amend the order to reflect the vote of
the producers. The amendment to the order shall become effective on the
date of issuance of the amendment.
(c) Nonapproval of amendments as not invalidating order
The failure of egg producers to approve an amendment to any Egg
Research and Promotion Order shall not be deemed to invalidate such
order.
(Pub. L. 93-428, Sec. 9, Oct. 1, 1974, 88 Stat. 1176; Pub. L. 96-276,
Sec. 5, June 17, 1980, 94 Stat. 541; Pub. L. 103-188, Sec. 2(b), Dec.
14, 1993, 107 Stat. 2256.)
Amendments
1993--Pub. L. 103-188 designated first and second sentences of
existing provisions as subsec. (a), added subsec. (b), and designated
last sentence of existing provisions as subsec. (c).
1980--Pub. L. 96-276 provided that failure of egg producers to
approve an amendment to any Egg Research and Promotion Order shall not
be deemed to invalidate the order.
Section Referred to in Other Sections
This section is referred to in sections 2707, 2712 of this title.
