§ 7105. — 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: 7USC7105]
TITLE 7--AGRICULTURE
CHAPTER 99--SHEEP PROMOTION, RESEARCH, AND INFORMATION
Sec. 7105. Referenda
(a) Initial referendum
(1) In general
Following the issuance of an order under section 7103 of this
title, the Secretary shall conduct a referendum among producers,
feeders, and importers who, during a representative period as
determined by the Secretary, have been engaged in the production,
feeding, or importation of sheep or sheep products for the purpose
of ascertaining whether the order shall go into effect.
(2) Approval of order
The order shall become effective only if the Secretary
determines that the order has been approved by not less than a
majority of the producers, feeders, and importers voting in the
referendum or at least \2/3\ of the production represented by
persons voting in the referendum.
(b) Additional referenda
(1) In general
After the initial referendum, on the request of a representative
group comprising 10 percent or more of the producers, feeders, and
importers who, during a representative period as determined by the
Secretary, have been engaged in the production, feeding,
importation, or processing of sheep or sheep products, the Secretary
shall conduct a referendum of producers, feeders, and importers to
determine whether the producers, feeders, and importers favor the
termination or suspension of the order.
(2) Suspension or termination
If the Secretary determines that suspension or termination of
the order is favored by a majority of the producers, feeders, and
importers voting in the referendum or at least \2/3\ of the
production represented by the persons voting in the referendum, the
Secretary shall suspend or terminate--
(A) collection of assessments under the order not later than
180 days after the determination; and
(B) the order in an orderly manner as soon as practicable
after the determination.
(c) Procedures
(1) Reimbursement
(A) In general
Except as provided in subparagraph (B), the Board shall
reimburse the Secretary for any expenses incurred by the
Secretary in connection with the conduct of any referendum under
this section.
(B) Federal employee salaries
The Board shall not be required to reimburse the Secretary
for the salaries of Federal employees under subparagraph (A) if
the Secretary determines that the reimbursement would be overly
burdensome and costly.
(2) Date
Each referendum under this section shall be conducted on a date
established by the Secretary, under a procedure by which producers,
feeders, and importers intending to vote in the referendum shall
certify that the producers, feeders, and importers were engaged in
the production, feeding, or importation of sheep or sheep products
during the representative period and, on the same day, shall be
provided an opportunity to vote in the referendum.
(3) Place
Referenda under this section shall be conducted at locations
determined by the Secretary. Absentee mail ballots shall be
furnished by the Secretary on request made in person, by mail, or by
telephone.
(4) Allocation of production
The Secretary shall determine a method of allocating, by a pro
rata percentage of annual projected or actual assessments from
importers, the volume of production represented by importers in
referenda conducted pursuant to this section.
(Pub. L. 103-407, Sec. 6, Oct. 22, 1994, 108 Stat. 4223.)
Section Referred to in Other Sections
This section is referred to in section 7103 of this title.
