§ 7446. — 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: 7USC7446]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER III--CANOLA AND RAPESEED
Sec. 7446. Referenda
(a) Initial referendum
(1) Requirement
During the period ending 30 months after the date on which an
order is first issued under section 7443(b)(3) 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 canola or rapeseed 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. The 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 Cooperative
State Research, Education, and Extension Service offices and county
Consolidated Farm Service Agency offices, and by other appropriate
means specified in the order. The notice shall contain information
on when the referendum will be held, registration and voting
requirements, rules regarding absentee voting, and other pertinent
information.
(3) Approval of order
The 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
the producers voting in the referendum, the Secretary shall
terminate collection of assessments under the order within 180 days
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 as determined by the Secretary, have been
engaged in the production of canola or rapeseed.
(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 canola or
rapeseed to determine whether the producers favor the
termination or suspension of the order.
(2) Disapproval of order
If the Secretary determines, in a 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 180 days after the determination,
and shall suspend or terminate the order, as appropriate, in an
orderly manner as soon as practicable after the determination.
(3) Opportunity to request additional referenda
(A) In general
Beginning on the date that is 5 years after the conduct of a
referendum under this subchapter, and every 5 years thereafter,
the Secretary shall provide canola and rapeseed producers an
opportunity to request an additional referendum.
(B) Method of making request
(i) In-person requests
To carry out subparagraph (A), the Secretary shall
establish a procedure under which a producer may make a
request for a reconfirmation referendum in person at a
county Cooperative State Research, Education, and Extension
Service office or a county Consolidated Farm Service Agency
office during a period established by the Secretary, or as
provided in clause (ii).
(ii) Mail-in requests
In lieu of making a request in person, a producer may
make a request by mail. To facilitate the 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 an in-person request,
of the opportunity of producers to request an additional
referendum. The notification shall explain the right of
producers to an additional referendum, the procedure for a
referendum, the purpose of a referendum, and the date and method
by which producers may act to request an additional referendum
under this paragraph. The Secretary shall take such other action
as the Secretary determines is necessary to ensure that
producers are made aware of the opportunity to request an
additional referendum.
(D) Action by Secretary
As soon as practicable following the submission of a request
for an additional referendum, the Secretary shall determine
whether a sufficient number of producers have requested the
referendum, and take such steps as are necessary to conduct the
referendum, as required under paragraph (1).
(E) Time limit
An 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 the 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 an activity required under 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 under which producers intending to vote in the referendum
shall certify that the producers were engaged in the production of
canola, rapeseed, or canola or rapeseed products during the
representative period and, at the same time, 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. On request, absentee mail ballots shall
be furnished by the Secretary in a manner prescribed by the
Secretary.
(Pub. L. 104-127, title V, Sec. 537, Apr. 4, 1996, 110 Stat. 1058.)
Section Referred to in Other Sections
This section is referred to in section 7445 of this title.
