§ 7805. — 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: 7USC7805]
TITLE 7--AGRICULTURE
CHAPTER 105--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
Sec. 7805. Referenda
(a) Requirements for initial referendum
(1) Referendum required
During the 60-day period immediately preceding the proposed
effective date of an order issued under section 7803(b)(3) of this
title, the Secretary shall conduct a referendum among producers and
importers required to pay assessments under the order, as provided
in section 7804(h)(1) of this title.
(2) Approval of order needed
The order shall become effective only if the Secretary
determines that the order has been approved by a simple majority of
all votes cast in the referendum.
(b) Votes permitted
(1) In general
Each producer and importer eligible to vote in a referendum
conducted under this section shall be entitled to cast one vote if
they satisfy the eligibility requirements as defined in paragraph
(2).
(2) Eligibility
For purposes of paragraph (1), producers and importers, as these
terms are defined in section 7802 of this title, shall be considered
to be eligible to vote if they have been producers or importers with
sales of Hass avocados during a period of at least 1 year prior to
the referendum.
(c) Manner of conducting referenda
(1) In general
Referenda conducted pursuant to this chapter shall be conducted
in a manner determined by the Secretary.
(2) Advance registration
A producer or importer of Hass avocados who chooses to vote in
any referendum conducted under this chapter shall register with the
Secretary prior to the voting period, after receiving notice from
the Secretary concerning the referendum under paragraph (4).
(3) Voting
A producer or importer of Hass avocados who chooses to vote in
any referendum conducted under this chapter shall vote in accordance
with procedures established by the Secretary. The ballots and other
information or reports that reveal or tend to reveal the identity or
vote of voters shall be strictly confidential.
(4) Notice
The Secretary shall notify all producers and importers at least
30 days prior to the referendum conducted under this chapter. The
notice shall explain the procedure established under this
subsection.
(d) Subsequent 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 producers and importers required to pay assessments
under the order, as provided in section 7804(h)(1) of this title,
subject to the voting requirements of subsections (b) and (c) of
this section, to ascertain whether eligible producers and importers
favor suspension, termination, or continuance of the order; or
(2) shall conduct a referendum of eligible producers and
importers if requested by the Board or by a representative group
comprising 30 percent or more of all producers and importers
required to pay assessments under the order, as provided in section
7804(h)(1) of this title, subject to the voting requirements of
subsections (b) and (c) of this section, to ascertain whether
producers and importers favor suspension, termination, or
continuance of the order.
(e) Suspension or termination
If, as a result of a referendum conducted under subsection (d) 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.
(Pub. L. 106-387, Sec. 1(a) [title XII, Sec. 1206], Oct. 28, 2000, 114
Stat. 1549, 1549A-91.)
Section Referred to in Other Sections
This section is referred to in sections 7803, 7804 of this title.
