§ 6413. — Requirement of 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: 7USC6413]
TITLE 7--AGRICULTURE
CHAPTER 93--PROCESSOR-FUNDED MILK PROMOTION PROGRAM
Sec. 6413. Requirement of initial referendum
(a) In general
Within the 60-day period immediately preceding the effective date of
an order issued under section 6405(a) of this title, the Secretary shall
conduct a referendum among fluid milk processors to ascertain whether
the order shall go into effect.
(b) Implementation
If, as a result of the referendum conducted under subsection (a) of
this section, the Secretary determines that implementation of the order
is favored--
(1) by at least 50 percent of fluid milk processors voting in
the referendum; and
(2) by fluid milk processors voting in the referendum that
marketed during the representative period, as determined by the
Secretary, 60 percent or more of the volume of fluid milk products
marketed by fluid milk processors voting in the referendum;
the order shall become effective as provided in section 6405(b) of this
title.
(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.
(d) Manner
(1) In general
Referenda conducted pursuant to this chapter shall be conducted
in a manner determined by the Secretary.
(2) Advance registration
A fluid milk processor who chooses to vote in any referendum
conducted under this chapter shall register with the Secretary prior
to the voting period, after receiving notice from the Secretary
concerning the referendum under paragraph (4).
(3) Voting
A fluid milk processor who votes in any referendum conducted
under this chapter shall vote in accordance with procedures
established by the Secretary. The ballots and other information or
reports that reveal or tend to reveal the vote of any processor
shall be held strictly confidential.
(4) Notice
The Secretary shall notify all processors at least 30 days prior
to a referendum conducted under this chapter. The notice shall
explain the procedure established under this subsection.
(Pub. L. 101-624, title XIX, Sec. 1999N, Nov. 28, 1990, 104 Stat. 3924;
Pub. L. 104-127, title I, Sec. 146(d)(1), Apr. 4, 1996, 110 Stat. 919.)
Amendments
1996--Subsec. (b)(2). Pub. L. 104-127 substituted ``fluid milk
processors voting in the referendum;'' for ``all processors;''.
Section Referred to in Other Sections
This section is referred to in sections 6405, 6414, 6415 of this
title.
