§ 6806. — 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: 7USC6806]
TITLE 7--AGRICULTURE
CHAPTER 97--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND
INFORMATION
Sec. 6806. Referenda
(a) Requirement for initial referendum
(1) In general
Not later than 3 years after the issuance of an order under
section 6803(b)(3) of this title, the Secretary shall conduct a
referendum among qualified handlers required to pay assessments
under the order, as provided in section 6804(h)(1) of this title,
subject to the voting requirements of subsection (b) of this
section, to ascertain whether the order then in effect shall be
continued.
(2) Approval of order needed
The order shall be continued only if the Secretary determines
that the order has been approved by a simple majority of all votes
cast in the referendum. If the order is not approved, the Secretary
shall terminate the order as provided in subsection (d) of this
section.
(b) Votes permitted
(1) In general
Each qualified handler eligible to vote in a referendum
conducted under this section shall be entitled to cast 1 vote for
each separate facility of the person that is an eligible separate
facility, as defined in paragraph (2).
(2) Eligible separate facility
For the purpose of paragraph (1):
(A) Separate facility
A handling or marketing facility of a qualified handler
shall be considered to be a separate facility if the facility is
physically located away from other facilities of the qualified
handler or the business function of the facility is
substantially different from the functions of other facilities
owned or operated by the qualified handler.
(B) Eligibility
A separate facility of a qualified handler shall be
considered to be an eligible separate facility if the annual
sales of cut flowers and cut greens to retailers and exempt
handlers from the facility are $750,000 or more.
(C) Annual sales determined
For the purpose of determining the amount of annual sales of
cut flowers and cut greens under subparagraph (B), subparagraphs
(A) and (C) of section 6802(4) of this title shall apply.
(c) Suspension or termination referenda
If an order is approved in a referendum conducted under subsection
(a) of this section, effective beginning on the date that is 3 years
after the date of the approval, the Secretary--
(1) at the discretion of the Secretary, may conduct at any time
a referendum of qualified handlers required to pay assessments under
the order, as provided in section 6804(h)(1) of this title, subject
to the voting requirements of subsection (b) of this section, to
ascertain whether qualified handlers favor suspension or termination
of the order; and
(2) if requested by the PromoFlor Council or by a representative
group comprising 30 percent or more of all qualified handlers
required to pay assessments under the order, as provided in section
6804(h)(1) of this title, shall conduct a referendum of all
qualified handlers required to pay assessments under the order, as
provided in section 6804(h)(1) of this title, subject to the voting
requirements of subsection (b) of this section, to ascertain whether
qualified handlers favor suspension or termination of the order.
(d) Suspension or termination
If, as a result of the referendum conducted under subsection (a) of
this section, the Secretary determines that the order has not been
approved by a simple majority of all votes cast in the referendum, or as
a result of a referendum conducted under subsection (c) of this section,
the Secretary determines that suspension or termination of the order is
favored by a simple majority of all votes cast in the referendum, the
Secretary shall--
(1) not later than 180 days after the referendum, suspend or
terminate, as appropriate, collection of assessments under the
order; and
(2) suspend or terminate, as appropriate, activities under the
order as soon as practicable and in an orderly manner.
(e) Manner of conducting referenda
Referenda under this section shall be conducted in such manner as is
determined appropriate by the Secretary.
(Pub. L. 103-190, Sec. 7, Dec. 14, 1993, 107 Stat. 2284.)
Section Referred to in Other Sections
This section is referred to in sections 6804, 6805 of this title.
