7 USC 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
Terms Used In 7 USC 7470
- Board: means the National Kiwifruit Board established under section 7464 of this title. See 7 USC 7462
- kiwifruit: means all varieties of fresh kiwifruit grown in or imported into the United States. See 7 USC 7462
- marketing: means the sale or other disposition of kiwifruit into interstate, foreign, or intrastate commerce by buying, marketing, distribution, or otherwise placing kiwifruit into commerce. See 7 USC 7462
- order: means a kiwifruit research, promotion, and consumer information order issued by the Secretary under section 7463 of this title. See 7 USC 7462
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity. See 7 USC 7462
- Secretary: means the Secretary of Agriculture. See 7 USC 7462
The Secretary shall hold a referendum under subsection (b)—
(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), 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.