§ 6305. — 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: 7USC6305]
TITLE 7--AGRICULTURE
CHAPTER 92--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6305. Referenda
(a) Initial referendum
(1) Requirement
Not earlier than 18 months or later than 36 months following
issuance of an order under section 6303 of this title, the Secretary
shall conduct a referendum among producers who, during a
representative period as determined by the Secretary, have been
engaged in the production of soybeans for the purpose of
ascertaining whether the order then in effect shall be continued.
(2) Advance notice
The Secretary shall, to the extent practicable, provide broad
public notice in advance of any referendum. Any such notice shall be
provided without advertising expenses by means of newspapers, county
newsletters, the electronic media, and press releases, through the
use of notices posted in State and county Extension Service offices
and county Agricultural Stabilization and Conservation Service
offices, and by other appropriate means specified in the order. Such
notice shall include information on when the referendum will be
held, registration and voting requirements, rules regarding absentee
voting, and other pertinent facts.
(3) Approval of order
Such order shall be continued only if the Secretary determines
that the order has been approved by not less than a majority of the
producers voting in the referendum.
(4) Disapproval of order
If continuation of the order is not approved by a majority of
those voting in the referendum, the Secretary shall terminate
collection of assessments under the order within 6 months after the
referendum and shall terminate the order in an orderly manner as
soon as practicable.
(b) Additional referenda
(1) In general
(A) Requirement
After the initial referendum on an order, the Secretary
shall conduct additional referenda, as described in subparagraph
(C), if requested by a representative group of producers, as
described in subparagraph (B).
(B) Representative group of producers
An additional referendum on an order shall be conducted if
requested by 10 percent or more of the producers who during a
representative period have been engaged in the production of
soybeans, of which group of requesting producers not in excess
of one-fifth may be producers in any one State, as determined by
the Secretary.
(C) Eligible producers
Each additional referendum shall be conducted among all
producers who, during a representative period, as determined by
the Secretary, have been engaged in the production of soybeans
to determine whether such producers favor the termination or
suspension of the order.
(2) Disapproval of order
If the Secretary determines, in any referendum conducted under
paragraph (1), that suspension or termination of the order is
favored by a majority of the producers voting in the referendum, the
Secretary shall suspend or terminate, as appropriate, collection of
assessments under the order within 6 months after such determination
and shall suspend or terminate the order, as appropriate, in an
orderly manner as soon as practicable after such determination.
(3) Opportunity to request additional referenda
(A) In general
To facilitate the periodic determination as to whether
producers favor the conduct of an additional referendum under
this subsection, the Secretary, 5 years after the conduct of a
referendum under this chapter and every 5 years thereafter,
shall provide soybean producers an opportunity to request an
additional referendum, as provided in this paragraph.
(B) Method of making request
(i) In-person requests
To carry out subparagraph (A), the Secretary shall
establish a procedure under which producers may request a
reconfirmation referendum in person at county extension
offices or county Agricultural Stabilization and
Conservation Service offices during a period established by
the Secretary, or as provided in clause (ii).
(ii) Mail-in requests
In lieu of making such requests in person, producers may
make requests by mail. Mail-in requests shall be postmarked
no later than the end of the period established under clause
(i) for in-person requests. To facilitate such submission of
requests by mail, the Secretary may make mail-in request
forms available to producers.
(C) Notifications
The Secretary shall publish a notice in the Federal
Register, and the Board shall provide written notification to
producers, not later than 60 days prior to the end of the period
established under subparagraph (B)(i) for in-person requests, of
the producers' opportunity to request the additional referendum.
Such notifications shall explain the producers' rights to, and
the procedure specified in this subsection for, the conduct of
an additional referendum, the purpose of the referendum, and the
date and method by which producers may act to request the
additional referenda under this paragraph. The Secretary shall
take such other actions as the Secretary determines are
necessary to ensure that producers are made aware of the
opportunity to request an additional referendum on the order.
(D) Action by Secretary
As soon as practicable following the submission of requests
for a reconsideration referendum, the Secretary shall determine
whether a sufficient number of producers have requested an
additional referendum, and take other steps to conduct an
additional referendum, as are required under paragraph (1).
(E) Time limit
Any additional referendum requested under the procedures
provided in this paragraph shall be conducted not later than 1
year after the Secretary determines that a representative group
of producers, as described in paragraph (1)(B), have requested
the conduct of such referendum.
(c) Procedures
(1) Reimbursement of Secretary
The Secretary shall be reimbursed from assessments collected by
the Board for any expenses incurred by the Secretary in connection
with the conduct of any activity required under this section, except
for the salaries of Government employees associated with the conduct
of a referendum under subsections (a) and (b) of this section.
(2) Date
Each referendum shall be conducted for a reasonable period of
time not to exceed 3 days, established by the Secretary, under a
procedure whereby producers intending to vote in the referendum
shall certify that they were engaged in the production of soybeans
during the representative period and, at the same time, shall be
provided an opportunity to vote in the referendum.
(3) Place
Referenda shall be conducted at county extension offices and
provision shall be made for absentee mail ballots to be provided on
request. Absentee mail ballots shall be furnished by the Secretary
on request made in person, by mail, or by telephone.
(Pub. L. 101-624, title XIX, Sec. 1970, Nov. 28, 1990, 104 Stat. 3898;
Pub. L. 102-237, title VIII, Sec. 806(2), Dec. 13, 1991, 105 Stat.
1883.)
Amendments
1991--Subsec. (b)(3)(A). Pub. L. 102-237 made technical amendment to
reference to this chapter to correct reference to corresponding
provision of original act.
Section Referred to in Other Sections
This section is referred to in sections 6304, 6309 of this title.
