§ 4812. — 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: 7USC4812]
TITLE 7--AGRICULTURE
CHAPTER 79--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 4812. Suspension and termination of orders
(a) Authority of Secretary
If after the initial referendum provided for in section 4811(a) of
this title the Secretary determines that an order, or a provision of the
order, obstructs or does not tend to effectuate the declared policy of
this chapter, the Secretary shall terminate or suspend the operation of
such order or provision.
(b) Referendum to terminate or suspend; eligible voters; requirements
for approval; termination or suspension date; one referendum
within 2-year period
(1)(A) Except as provided in paragraph (2), after the initial
referendum provided for in section 4811(a) of this title, on the request
of a number of persons equal to at least 15 percent of persons who have
been producers and importers during a representative period, as
determined by the Secretary, the Secretary shall conduct a referendum to
determine whether the producers and importers favor the termination or
suspension of the order.
(B) The Secretary shall--
(i) suspend or terminate collection of assessments under the
order not later than 6 months after the date the Secretary
determines that suspension or termination of the order is favored by
a majority of the producers and importers voting in the referendum;
and
(ii) terminate the order in an orderly manner as soon as
practicable after the date of such determination.
(2) Except with respect to a referendum required to be conducted
under section 4811 of this title, the Secretary shall not be required by
paragraph (1) to conduct more than one referendum under this chapter in
a 2-year period.
(c) Termination or suspension not to be considered an order
The termination or suspension of an order, or a provision of an
order, shall not be considered an order within the meaning of this
chapter.
(Pub. L. 99-198, title XVI, Sec. 1623, Dec. 23, 1985, 99 Stat. 1618.)
Section Referred to in Other Sections
This section is referred to in section 4811 of this title.
