§ 6011. — 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: 7USC6011]
TITLE 7--AGRICULTURE
CHAPTER 89--PECAN PROMOTION AND RESEARCH
Sec. 6011. Requirement of referendum
(a) In general
Not later than 24 months after the effective date of the plan first
issued under section 6003 of this title, the Secretary shall conduct a
referendum among growers, grower-shellers, and importers, who during a
representative period determined by the Secretary have been engaged in
the production or importation of pecans, for the purpose of ascertaining
whether growers, grower-shellers, and importers favor continuation,
termination, or suspension of the plan.
(b) Other referenda
(1) In general
After the referendum required under subsection (a) of this
section, the Secretary shall hold a referendum on request of the
Board or 10 percent or more of the total number of growers, grower-
shellers, and importers, to determine if growers, grower-shellers,
and importers favor the termination or suspension of the plan.
(2) Suspension or termination
The Secretary shall terminate or suspend such plan, in
accordance with section 6012(b) of this title, whenever the
Secretary determines that such suspension or termination is favored
by a majority of those voting in a referendum.
(c) Costs of referendum
The Secretary shall be reimbursed from any assessments collected by
the Board for any expenses incurred by the Department in connection with
the conduct of any referendum under this chapter, except for the
salaries of Government employees.
(d) Manner
(1) In general
Referenda conducted pursuant to this chapter shall be conducted
in such a manner as is determined by the Secretary.
(2) Advance registration
A grower, grower-sheller, or importer who chooses to vote in any
referendum conducted under this chapter shall register in person
prior to the voting period at the appropriate local office of the
Agricultural Stabilization and Conservation Service, as determined
by the Secretary, for such grower, grower-sheller, or by mailing
such a request to the Secretary on behalf of an importer.
(3) Voting
A grower, grower-sheller, or importer who votes in any
referendum conducted under this chapter shall vote in person at the
appropriate local office of the Agricultural Stabilization and
Conservation Service, as determined by the Secretary or by mail to
the Secretary.
(4) Notice
Each Agricultural Stabilization and Conservation Service office
shall notify all growers, grower-shellers, and importers in the area
of such office, as determined by the Secretary, at least 30 days
prior to a referendum conducted under this chapter. Such notice
shall explain the registration and voting procedures established
under this subsection.
(Pub. L. 101-624, title XIX, Sec. 1916, Nov. 28, 1990, 104 Stat. 3853.)
Section Referred to in Other Sections
This section is referred to in section 6007 of this title.
