§ 7470. — 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: 7USC7470]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER IV--KIWIFRUIT
Sec. 7470. Referenda
(a) Initial referendum
(1) Referendum required
During the 60-day period immediately preceding the proposed
effective date of an order issued under section 7463 of this title,
the Secretary shall conduct a referendum among kiwifruit producers
and importers who will be subject to assessments under the order, to
ascertain whether producers and importers approve the implementation
of the order.
(2) Approval of order
The order shall become effective, as provided in section 7463 of
this title, if the Secretary determines that--
(A) the order has been approved by a majority of the
producers and importers voting in the referendum; and
(B) the producers and importers favoring approval produce
and import more than 50 percent of the total volume of kiwifruit
produced and imported by persons voting in the referendum.
(b) Subsequent referenda
The Secretary may periodically conduct a referendum to determine if
kiwifruit producers and importers favor the continuation, termination,
or suspension of any order issued under section 7463 of this title that
is in effect at the time of the referendum.
(c) Required referenda
The Secretary shall hold a referendum under subsection (b) of this
section--
(1) at the end of the 6-year period beginning on the effective
date of the order and at the end of each subsequent 6-year period;
(2) at the request of the Board; or
(3) if not less than 30 percent of the kiwifruit producers and
importers subject to assessments under the order submit a petition
requesting the referendum.
(d) Vote
On completion of a referendum under subsection (b) of this section,
the Secretary shall suspend or terminate the order that was subject to
the referendum at the end of the marketing year if--
(1) the suspension or termination of the order is favored by not
less than a majority of the producers and importers voting in the
referendum; and
(2) the producers and importers produce and import more than 50
percent of the total volume of kiwifruit produced and imported by
persons voting in the referendum.
(e) Confidentiality
The ballots and other information or reports that reveal, or tend to
reveal, the vote of any person under this subchapter and the voting list
shall be held strictly confidential and shall not be disclosed.
(Pub. L. 104-127, title V, Sec. 561, Apr. 4, 1996, 110 Stat. 1073.)
