§ 4913. — Suspension or termination of plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4913]
TITLE 7--AGRICULTURE
CHAPTER 80--WATERMELON RESEARCH AND PROMOTION
Sec. 4913. Suspension or termination of plans
(a) Whenever the Secretary finds that a plan or any provision
thereof obstructs or does not tend to effectuate the declared policy of
this chapter, the Secretary shall terminate or suspend the operation of
the plan or provision.
(b) The Secretary may conduct a referendum at any time, and shall
hold a referendum on request of the Board or at least 10 percent of the
combined total of the watermelon producers, handlers, and importers
eligible to vote in a referendum, to determine if watermelon producers,
handlers, and importers favor the termination or suspension of the plan.
The Secretary shall terminate or suspend the plan at the end of the
marketing year whenever the Secretary determines that the termination or
suspension is favored by a majority of those voting in the referendum,
and who produce, handle, or import more than 50 per cent of the combined
total of the volume of the watermelons produced by the producers,
handled by the handlers, or imported by the importers voting in the
referendum.
(Pub. L. 99-198, title XVI, Sec. 1654, Dec. 23, 1985, 99 Stat. 1630;
Pub. L. 103-189, Sec. 8(j), Dec. 14, 1993, 107 Stat. 2263.)
Amendments
1993--Subsec. (b). Pub. L. 103-189, Sec. 8(j)(3), struck out at end
``Any such referendum shall be conducted at county extension offices.''
Pub. L. 103-189, Sec. 8(j)(2)(C), which directed the substitution of
``, handled by the handlers, or imported by the importers'' for ``or
handled by the handlers,'' in second sentence, was executed by making
the substitution in text which did not contain a comma after the word
``handlers'', to reflect the probable intent of Congress.
Pub. L. 103-189, Sec. 8(j)(1)-(2)(B), in first sentence, substituted
``at least 10 percent of the combined total'' for ``10 per centum or
more'' and ``, handlers, and importers'' for ``and handlers'' in two
places, and in second sentence, substituted ``, handle, or import'' for
``or handle'' and ``50 percent of the combined total'' for ``50 per
centum''.