§ 2906. — Requirement of referendum.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2906]
TITLE 7--AGRICULTURE
CHAPTER 62--BEEF RESEARCH AND INFORMATION
Sec. 2906. Requirement of referendum
(a) Continuation or termination of order
For the purpose of determining whether the initial order shall be
continued, not later than 22 months after the issuance of the order (or
any earlier date recommended by the Board), the Secretary shall conduct
a referendum among persons who have been producers or importers during a
representative period, as determined by the Secretary. The order shall
be continued only if the Secretary determines that it has been approved
by not less than a majority of the producers voting in the referendum
who, during a representative period as determined by the Secretary, have
been engaged in the production of cattle. If continuation of the order
is not approved by a majority of those voting in the referendum, the
Secretary shall terminate collection of assessments under the order
within six months after the Secretary determines that continuation of
the order is not favored by a majority voting in the referendum and
shall terminate the order in an orderly manner as soon as practicable
after such determination.
(b) Additional referendum to determine suspension or termination of
order
After the initial referendum, the Secretary may conduct a referendum
on the request of a representative group comprising 10 per centum or
more of the number of cattle producers to determine whether cattle
producers favor the termination or suspension of the order. The
Secretary shall suspend or terminate collection of assessments under the
order within six months after the Secretary determines that suspension
or termination of the order is favored by a majority of the producers
voting in the referendum who, during a representative period as
determined by the Secretary, have been engaged in the production of
cattle and shall terminate or suspend the order in an orderly manner as
soon as practicable after such determination.
(c) Reimbursement for cost of referendum; time and place of referendum;
certification by producers; absentee mail ballot
The Department shall be reimbursed from assessments collected by the
Board for any expenses incurred by the Department in connection with
conducting any referendum under this section, except for the salaries of
Government employees. Any referendum conducted under this section shall
be conducted on a date established by the Secretary, whereby producers
shall certify that they were engaged in the production of cattle during
the representative period and, on the same day, shall be provided an
opportunity to vote in the referendum. Each referendum shall be
conducted at county extension offices, and there shall be provision for
an absentee mail ballot on request.
(Pub. L. 94-294, Sec. 7, May 28, 1976, 90 Stat. 531; Pub. L. 99-198,
title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1604.)
Amendments
1985--Pub. L. 99-198 amended section generally, substituting
provisions relating to requirement of referendum for provisions relating
to permissive terms and conditions in orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section
1601(c) of Pub. L. 99-198, set out as a note under section 2901 of this
title.
Section Referred to in Other Sections
This section is referred to in section 2907 of this title.
