§ 4912. — 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: 7USC4912]
TITLE 7--AGRICULTURE
CHAPTER 80--WATERMELON RESEARCH AND PROMOTION
Sec. 4912. Requirement of referendum
(a) The Secretary shall conduct a referendum among producers,
handlers, and importers not exempt under sections 4902(5) and 4907(b) of
this title who, during a representative period determined by the
Secretary, have been engaged in the production, handling, or importing
of watermelons, for the purpose of ascertaining whether the issuance of
a plan is approved or favored by producers, handlers, and importers. The
ballots and other information or reports that reveal or tend to reveal
the vote of any producer, handler, or importer or the person's volume of
watermelons produced, handled, or imported shall be held strictly
confidential and shall not be disclosed. Any officer or employee of the
Department of Agriculture violating the provisions hereof shall be
subject to the penalties provided in section 4908(c) of this title.
(b) A plan issued under this chapter shall not take effect unless
the Secretary determines that the issuance of the plan is approved or
favored by a majority of the producers and handlers (and importers who
are subject to the plan) voting in the referendum.
(Pub. L. 99-198, title XVI, Sec. 1653, Dec. 23, 1985, 99 Stat. 1629;
Pub. L. 103-189, Secs. 2, 8(i), Dec. 14, 1993, 107 Stat. 2259, 2262.)
Amendments
1993--Pub. L. 103-189 designated existing provisions as subsec. (a),
added subsec. (b), and in subsec. (a) substituted ``, handlers, and
importers'' for ``and handlers'' in two places and ``, handling, or
importing'' for ``or handling'' in first sentence, substituted ``,
handler, or importer'' for ``or handler'' and ``, handled, or imported''
for ``or handled'' in sentence beginning with ``The ballots'', and
struck out after first sentence ``The referendum shall be conducted at
the county extension offices. No plan issued under this chapter shall be
effective unless the Secretary determines that the issuance of the plan
is approved or favored by not less than two-thirds of the producers and
handlers voting in such referendum, or by the producers and handlers of
not less than two-thirds of the watermelons produced and handled during
the representative period by producers and handlers voting in such
referendum, and by not less than a majority of the producers and a
majority of the handlers voting in the referendum.''
Section Referred to in Other Sections
This section is referred to in section 4914 of this title.
