§ 7485. — 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: 7USC7485]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER V--POPCORN
Sec. 7485. Referenda
(a) Initial referendum
(1) In general
Within the 60-day period immediately preceding the effective
date of an order, as provided in section 7483(b)(3) of this title,
the Secretary shall conduct a referendum among processors who,
during a representative period as determined by the Secretary, have
been engaged in processing, for the purpose of ascertaining whether
the order shall go into effect.
(2) Approval of order
The order shall become effective, as provided in section 7483(b)
of this title, only if the Secretary determines that the order has
been approved by not less than a majority of the processors voting
in the referendum and if the majority processed more than 50 percent
of the popcorn certified as having been processed, during the
representative period, by the processors voting.
(b) Additional referenda
(1) In general
Not earlier than 3 years after the effective date of an order
approved under subsection (a) of this section, on the request of the
Board or a representative group of processors, as described in
paragraph (2), the Secretary may conduct additional referenda to
determine whether processors favor the suspension or termination of
the order.
(2) Representative group of processors
An additional referendum on an order shall be conducted if the
referendum is requested by 30 percent or more of the number of
processors who, during a representative period as determined by the
Secretary, have been engaged in processing.
(3) Disapproval of order
If the Secretary determines, in a referendum conducted under
paragraph (1), that suspension or termination of the order is
favored by at least \2/3\ of the processors voting in the
referendum, the Secretary shall--
(A) suspend or terminate, as appropriate, collection of
assessments under the order not later than 180 days after the
date of determination; and
(B) suspend or terminate the order, as appropriate, in an
orderly manner as soon as practicable after the date of
determination.
(c) Costs of referendum
The Secretary shall be reimbursed from assessments collected by the
Board for any expenses incurred by the Secretary in connection with the
conduct of any referendum under this section.
(d) Method of conducting referendum
Subject to this section, a referendum conducted under this section
shall be conducted in such manner as is determined by the Secretary.
(e) Confidentiality of ballots and other information
(1) In general
The ballots and other information or reports that reveal or tend
to reveal the vote of any processor, or any business operation of a
processor, shall be considered to be strictly confidential and shall
not be disclosed.
(2) Penalty for violations
An officer or employee of the Department who knowingly violates
paragraph (1) shall be subject to the penalties described in section
7484(i)(3)(C)(ii) of this title.
(Pub. L. 104-127, title V, Sec. 576, Apr. 4, 1996, 110 Stat. 1081.)
