§ 6209. — Initial 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: 7USC6209]
TITLE 7--AGRICULTURE
CHAPTER 91--LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6209. Initial referendum
(a) Requirement
Not later than 30 months after the date on which the collection of
assessments begins under the order pursuant to section 6204(d) of this
title, the Secretary shall conduct a referendum among producers,
producer-handlers, and importers who--
(1) are not exempt from assessment under section 6204(d)(5) of
this title; and
(2) produced or imported limes during a representative period as
determined by the Secretary.
(b) Purpose of referendum
The referendum referred to in subsection (a) of this section is for
the purpose of determining whether the issuance of the order is approved
or favored by not less than a majority of the producers, producer-
handlers, and importers voting in the referendum. The order shall
continue in effect only with such a majority.
(c) Confidentiality
The ballots and other information or reports that reveal, or tend to
reveal, the vote of any person under this section, or section 6210 of
this title, shall be held strictly confidential and shall not be
disclosed.
(d) Refund of assessments from escrow account
(1) In general
A portion of the assessments collected from producers, producer-
handlers, and importers prior to announcement of the results of the
referendum provided for in this section shall be held in an escrow
account until the results of the referendum are published by the
Secretary. The amount in the escrow account shall be equal to the
product obtained by multiplying the total amount of assessments
collected during such period by 10 percent.
(2) Approval of order
If the order is approved by a majority of the producers,
producer-handlers, and importers voting in the initial referendum
under subsection (a) of this section, the funds in the escrow
account shall be released to be used for the purposes of this
chapter.
(3) Disapproval of order
(A) Proration
If--
(i) the amount in the escrow account required by
paragraph (1) is not sufficient to refund the total amount
of assessments demanded by producers, producer-handlers, or
importers; and
(ii) the plan is not approved pursuant to the referendum
conducted under subsection (a) of this section;
the Board shall prorate the amount of such refunds among all
eligible producers, producer-handlers, or importers who demand
such refund.
(B) Right to refund
A producer, producer-handler, or importer shall be eligible
to receive a refund--
(i) if demand is made personally, in accordance with
regulations and on a form and within a time period
prescribed by the Board, but in no event less than 90 days
after the date of publication of the results of the
referendum; and
(ii) on submission of proof satisfactory to the Board
that the person paid the assessment for which refund is
sought and did not collect the assessment from another
person.
(C) Surplus funds
Any funds not refunded under this paragraph shall be
released to be used to carry out this chapter.
(Pub. L. 101-624, title XIX, Sec. 1960, Nov. 28, 1990, 104 Stat. 3879;
Pub. L. 103-194, Sec. 5, Dec. 14, 1993, 107 Stat. 2295.)
Amendments
1993--Subsec. (a). Pub. L. 103-194 substituted ``Not later than 30
months after the date on which the collection of assessments begins
under the order pursuant to section 6204(d) of this title,'' for ``Not
later than 2 years after the date on which the Secretary first issues an
order under section 6203(a),''.
