§ 6414. — Suspension or termination of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6414]
TITLE 7--AGRICULTURE
CHAPTER 93--PROCESSOR-FUNDED MILK PROMOTION PROGRAM
Sec. 6414. Suspension or termination of orders
(a) Suspension or termination by Secretary
The Secretary shall, whenever the Secretary finds that the order or
any provision of the order obstructs or does not tend to effectuate the
declared policy of this chapter, terminate or suspend the operation of
the order or provision.
(b) Other referenda
(1) In general
The Secretary may conduct at any time a referendum of persons
who, during a representative period as determined by the Secretary,
have been fluid milk processors on whether to suspend or terminate
the order, and shall hold such a referendum on request of the Board
or any group of such processors that among them marketed during a
representative period, as determined by the Secretary, 10 percent or
more of the volume of fluid milk products marketed by fluid milk
processors voting in the preceding referendum.
(2) Suspension or termination
If the Secretary determines that the suspension or termination
is favored--
(A) by at least 50 percent of fluid milk processors voting
in the referendum; and
(B) by fluid milk processors voting in the referendum that
marketed during a representative period, as determined by the
Secretary, 40 percent or more of the volume of fluid milk
products marketed by fluid milk processors voting in the
referendum;
the Secretary shall, within 6 months after making the determination,
suspend or terminate, as appropriate, collection of assessments
under the order, and suspend or terminate, as appropriate,
activities under the order in an orderly manner as soon as
practicable.
(3) Costs; manner
Subsections (c) and (d) of section 6413 of this title shall
apply to a referendum conducted under this subsection.
(Pub. L. 101-624, title XIX, Sec. 1999O, Nov. 28, 1990, 104 Stat. 3925;
Pub. L. 104-127, title I, Sec. 146(d)(2), (e), Apr. 4, 1996, 110 Stat.
919; Pub. L. 107-171, title I, Sec. 1506(c), May 13, 2002, 116 Stat.
210.)
Amendments
2002--Pub. L. 107-171 redesignated subsecs. (b) and (c) as (a) and
(b), respectively, and struck out heading and text of former subsec.
(a). Text read as follows: ``Any order effective under this chapter
shall be terminated December 31, 2002. The Secretary shall--
``(1) terminate the collection of assessments under the order
upon such date; and
``(2) terminate activities under the order in an orderly manner
as soon as practicable after such date.''
1996--Subsec. (a). Pub. L. 104-127, Sec. 146(e), substituted
``2002'' for ``1996'' in introductory provisions.
Subsec. (c)(1). Pub. L. 104-127, Sec. 146(d)(2)(A), substituted
``fluid milk processors voting in the preceding referendum'' for ``all
processors''.
Subsec. (c)(2)(B). Pub. L. 104-127, Sec. 146(d)(2)(B), substituted
``fluid milk processors voting in the referendum;'' for ``all
processors;''.
