§ 4507. — Suspension and termination of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4507]
TITLE 7--AGRICULTURE
CHAPTER 76--DAIRY RESEARCH AND PROMOTION
SUBCHAPTER I--DAIRY PROMOTION PROGRAM
Sec. 4507. Suspension and termination of orders
(a) Determination by Secretary
After September 30, 1985, the Secretary shall, whenever the
Secretary finds that any order issued under this subchapter or any
provision thereof obstructs or does not tend to effectuate the declared
policy of this subchapter, terminate or suspend the operation of such
order or such provisions thereof.
(b) Referendum
After September 30, 1985, the Secretary may conduct a referendum at
any time, and shall hold a referendum on request of a representative
group comprising 10 per centum or more of the number of producers and
importers subject to the order, to determine whether the producers and
importers 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
milk for commercial use and importers voting in the referendum (who have
been engaged in the importation of dairy products during the same
representative period, as determined by the Secretary) and shall
terminate the order in an orderly manner as soon as practicable after
such determination.
(c) Action not considered an order
The termination or suspension of any order, or any provision
thereof, shall not be considered an order within the meaning of this
subchapter.
(Pub. L. 98-180, title I, Sec. 116, Nov. 29, 1983, 97 Stat. 1141; Pub.
L. 107-171, title I, Sec. 1505(f), May 13, 2002, 116 Stat. 209.)
Amendments
2002--Subsec. (b). Pub. L. 107-171, which directed amendment of
section 116(b) of the Dairy Promotion Stabilization Act of 1983 by
inserting ``and importers'' after ``of producers'' and after ``whether
the producers'' in first sentence and inserting ``and importers voting
in the referendum (who have been engaged in the importation of dairy
products during the same representative period, as determined by the
Secretary)'' after ``commercial use'' in second sentence, was executed
by making the insertions in subsec. (b) of this section, section 116 of
the Dairy Production Stabilization Act of 1983, to reflect the probable
intent of Congress.
Section Referred to in Other Sections
This section is referred to in sections 4502, 4506 of this title.
