§ 6105. — Referenda.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6105]
TITLE 7--AGRICULTURE
CHAPTER 90--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6105. Referenda
(a) Initial referendum
(1) In general
Within the 60-day period immediately preceding the effective
date of an order issued under section 6103(b) of this title, the
Secretary shall conduct a referendum among mushroom producers and
importers to ascertain whether the order shall go into effect.
(2) Approval of order
The order shall become effective, as provided in section 6103(b)
of this title, if the Secretary determines that the order has been
approved by a majority of the producers and importers voting in the
referendum, which majority, on average, annually produces and
imports into the United States more than 50 percent of the mushrooms
annually produced and imported by all those voting in the
referendum.
(b) Succeeding referenda
(1) Determination concerning order
(A) In general
Effective 5 years after the date on which an order becomes
effective under section 6103(b) of this title, the Secretary
shall conduct a referendum among mushroom producers and
importers to ascertain whether they favor continuation,
termination, or suspension of the order.
(B) Request for referendum
Effective beginning 3 years after the date on which an order
becomes effective under section 6103(b) of this title, the
Secretary, on request of a representative group comprising 30
percent or more of the number of mushroom producers and
importers, may conduct a referendum to ascertain whether
producers and importers favor termination or suspension of the
order.
(2) Suspension or termination
If, as a result of any referendum conducted under paragraph (1),
the Secretary determines that suspension or termination of an order
is favored by a majority of the producers and importers voting in
the referendum, which majority, on average, annually produces and
imports into the United States more than 50 percent of the mushrooms
annually produced and imported by all those voting in the
referendum, the Secretary shall--
(A) within 6 months after making such determination, suspend
or terminate, as appropriate, collection of assessments under
the order; and
(B) suspend or terminate, as appropriate, activities under
the order in an orderly manner as soon as practicable.
(c) Manner
Referenda conducted pursuant to this section shall be conducted in
such a manner as is determined by the Secretary.
(Pub. L. 101-624, title XIX, Sec. 1926, Nov. 28, 1990, 104 Stat. 3861.)
Section Referred to in Other Sections
This section is referred to in section 6103 of this title.
