7 USC 6105 – Referenda
(a) Initial referendum
(1) In general
Within the 60-day period immediately preceding the effective date of an order issued under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether the order shall go into effect.
(2) Approval of order
The order shall become effective, as provided in section 6103(b) of this title, if the Secretary determines that the order has been approved by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum.
(b) Succeeding referenda
(1) Determination concerning order
(A) In general
Effective 5 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether they favor continuation, termination, or suspension of the order.
(B) Request for referendum
Effective beginning 3 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary, on request of a representative group comprising 30 percent or more of the number of mushroom producers and importers, may conduct a referendum to ascertain whether producers and importers favor termination or suspension of the order.
(2) Suspension or termination
If, as a result of any referendum conducted under paragraph (1), the Secretary determines that suspension or termination of an order is favored by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum, the Secretary shall—
(A) within 6 months after making such determination, suspend or terminate, as appropriate, collection of assessments under the order; and
(B) suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
(c) Manner
Referenda conducted pursuant to this section shall be conducted in such a manner as is determined by the Secretary.
Terms Used In 7 USC 6105
- mushrooms: means all varieties of cultivated mushrooms grown within the United States for the fresh market, or imported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary. See 7 USC 6102
- Secretary: means the Secretary of Agriculture. See 7 USC 6102
- United States: include the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See 7 USC 6102