(a) Mandatory suspension or termination

The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or a provision of an order obstructs or does not tend to effectuate the purpose of this subchapter, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under section 7417 of this title.

(b) Implementation of suspension or termination

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Terms Used In 7 USC 7421

  • order: means an order issued by the Secretary under section 7413 of this title that provides for a program of generic promotion, research, and information regarding agricultural commodities designed to&mdash. See 7 USC 7412
  • Secretary: means the Secretary of Agriculture. See 7 USC 7412
  • suspend: means to issue a rule under section 553 of title 5 to temporarily prevent the operation of an order during a particular period of time specified in the rule. See 7 USC 7412
  • terminate: means to issue a rule under section 553 of title 5 to cancel permanently the operation of an order beginning on a date certain specified in the rule. See 7 USC 7412

If, as a result of a referendum conducted under section 7417 of this title, the Secretary determines that an order is not approved, the Secretary shall—

(1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and

(2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner.