§ 3407. — 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: 7USC3407]
TITLE 7--AGRICULTURE
CHAPTER 65--WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION
Sec. 3407. Referendum
The Secretary shall conduct a referendum as soon as practicable
among end product manufacturers not exempt hereunder who, during a
representative period preceding the date of the referendum, as
determined by the Secretary, have been engaged in the manufacture of end
products, for the purpose of ascertaining whether the issuance of an
order is approved or favored by such manufacturers. Qualified end
product manufacturers may register with the Secretary by mail to vote in
such referendum during a period ending not less than thirty days prior
to the date of the referendum. Within ten days thereafter, the Secretary
shall determine which end product manufacturers are eligible to vote in
such referendum and cause to be published the list of such eligible
voters. The Secretary shall issue ballots to all such persons who have
so registered and been declared eligible to vote. No order issued
pursuant to this chapter shall be effective unless the Secretary
determines (1) that votes were cast by at least 50 per centum of such
registered end product manufacturers, and (2) that the issuance of such
order is approved or favored by not less than two-thirds of the end
product manufacturers voting in such referendum or by a majority of the
end product manufacturers voting in such referendum if such majority
manufactured end products containing not less than two-thirds of the
total processed wheat contained in all end products manufactured by
those voting in the referendum, during the representative period defined
by the Secretary: Provided, That at the time of the registration
provided under this section each end product manufacturer so registering
shall certify to the Secretary the amount of processed wheat contained
in the end products manufactured by such end product manufacturer during
such representative period. The Secretary shall be reimbursed from
assessments collected by the Council for any expenses incurred for the
conduct of the referendum. Eligible voter lists and ballots cast in the
referendum shall be retained by the Secretary for a period of not less
than twelve months after they are cast for audit and recount in the
event the results of the referendum are challenged and either the
Secretary or the courts determine a recount and retabulation of results
is appropriate.
(Pub. L. 95-113, title XVII, Sec. 1708, Sept. 29, 1977, 91 Stat. 1036.)
