§ 4611. — Requirements 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: 7USC4611]
TITLE 7--AGRICULTURE
CHAPTER 77--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 4611. Requirements of referendum
(a) In general
For the purpose of ascertaining whether issuance of an order is
approved by producers, importers, and in the case of an order assessing
handlers, handlers, the Secretary shall conduct a referendum among
producers, importers, and, in the case of an order assessing handlers,
handlers, not exempt under section 4606(e)(4) of this title, that,
during a representative period determined by the Secretary, have been
engaged in the production, importation, or handling of honey or honey
products.
(b) Effectiveness of order
(1) In general
No order issued under this chapter shall be effective unless the
Secretary determines that--
(A) the order is approved by a majority of the producers,
importers, and if covered by the order, handlers, voting in the
referendum; and
(B) the producers, importers, and handlers comprising the
majority produced, imported, and handled not less than 50
percent of the quantity of the honey and honey products
produced, imported, and handled during the representative period
by the persons voting in the referendum.
(2) Amendments to orders
The Secretary may amend an order in accordance with the
administrative procedures specified in sections 4604 and 4605 of
this title, except that the Secretary may not amend a provision of
an order that implements a provision of this chapter that
specifically provides for approval in a referendum without the
approval provided for in this section.
(c) Producer-packers and importers
(1) In general
Each producer-packer and each importer shall have 1 vote as a
handler as well as 1 vote as a producer or importer (unless exempt
under section 4606(e)(4) of this title) in all referenda concerning
orders assessing handlers to the extent that the individual
producer-packer or importer owes assessments as a handler.
(2) Attribution of quantity of honey
For the purpose of subsection (b)(1)(B) of this section--
(A) the quantity of honey or honey products on which the
qualifying producer-packer or importer owes assessments as a
handler shall be attributed to the person's vote as a handler
under paragraph (1); and
(B) the quantity of honey or honey products on which the
producer-packer or importer owes an assessment as a producer or
importer shall be attributed to the person's vote as a producer
or importer.
(d) Confidentiality
The ballots and other information or reports that reveal, or tend to
reveal, the identity or vote of any producer, importer, or handler of
honey or honey products shall be held strictly confidential and shall
not be disclosed.
(Pub. L. 98-590, Sec. 12, Oct. 30, 1984, 98 Stat. 3123; Pub. L. 105-185,
title VI, Sec. 605(k), June 23, 1998, 112 Stat. 600.)
Amendments
1998--Pub. L. 105-185 reenacted section catchline without change and
amended text generally. Prior to amendment, text read as follows: ``For
the purpose of ascertaining whether issuance of an order is approved or
favored by producers and importers, the Secretary shall conduct a
referendum among those producers and importers not exempt under section
4606(e)(2) of this title who, during a representative period determined
by the Secretary, have been engaged in the production and importation of
honey. No order issued pursuant to this chapter shall be effective
unless the Secretary determines that the issuance of such an order is
approved or favored by not less than two-thirds of the producers and
importers voting in such referendum or by a majority of the producers
and importers voting in such referendum if such majority produced and
imported not less than two-thirds of the honey produced and imported
during the representative period. The ballots and other information or
reports which reveal, or tend to reveal, the vote of any producer or
importer of honey shall be held strictly confidential and shall not be
disclosed.''
Section Referred to in Other Sections
This section is referred to in sections 4612, 4613 of this title.
