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U.S. Code as of:
01/03/05
Section 2107. Referenda
(a) Referendum and cotton producer approval of orders
The Secretary shall conduct a referendum among persons who,
during a representative period determined by the Secretary, have
been engaged in the production of cotton for the purpose of
ascertaining whether the issuance of an order is approved or
favored by producers. No order issued pursuant to this chapter
shall be effective unless the Secretary determines that the
issuance of such order is approved or favored by not less than
two-thirds of the producers voting in such referendum, or by the
producers of not less than two-thirds of the cotton produced during
the representative period by producers voting in such referendum
and by not less than a majority of the producers voting in such
referendum.
(b) Referendum on proposed amendment to order implementing
provisions of 1990 amendments to this chapter
(1) Notwithstanding the provisions of sections 2103 and 2104 of
this title, not later than 150 days after the date of enactment of
the Cotton Research and Promotion Act Amendments of 1990 [November
28, 1990], and after notice and opportunity for public comment, the
Secretary shall issue a proposed amendment to the order
implementing the provisions of such Act, which shall become
effective as provided in paragraph (2).
(2) Notwithstanding the provisions of subsection (a) of this
section, the Secretary shall, within a period not to exceed 8
months after November 28, 1990, conduct a referendum among persons
who have been cotton producers during a representative period, as
determined by the Secretary, and persons who are importers of
cotton and who, during a 12-month period ending not later than 90
days prior to the conduct of the referendum under this section
imported a quantity of cotton in excess of the de minimis quantity
(if any) established by the Secretary under section 2116(c)(2) of
this title, for the purpose of ascertaining if a majority of those
voting approve the proposed amendment to the order issued by the
Secretary under paragraph (1). The Secretary shall announce the
results of the referendum within 30 days after the date of such
referendum. If the amendment is approved in the referendum, within
a period not to exceed 90 days from the date of announcement of the
results of such referendum, the Secretary shall publish the
amendment to the order and regulations implementing the amendment
provided for in this subsection.
(c) Future referendums every five years or by request of cotton
producers and importers
(1) Notwithstanding the provisions of sections 2103 and 2104 of
this title, once every five years after the date of the referendum
provided for under subsection (b) of this section, the Secretary
shall conduct a review to ascertain whether a referendum is needed
to determine whether producers and importers favor continuation of
the amendment to the order provided for in the Cotton Research and
Promotion Act Amendments of 1990 if such amendment is then in
effect or, if such an amendment is not in effect, whether they
favor approval of such amendment. The Secretary shall make a public
announcement of the results of the review within 60 days after each
fifth anniversary date of the referendum provided for under
subsection (b) of this section. If the Secretary determines to
provide for such a referendum, the Secretary shall conduct the
referendum within 12 months after a public announcement of the
determination to conduct the referendum.
(2) If the Secretary does not provide for such a referendum on
the Secretary's own initiative, the Secretary shall conduct such a
referendum upon the request of 10 percent or more of the number of
cotton producers and importers voting in the most recent
referendum, except that, in counting such requests for a
referendum, not more than 20 percent of such requests may be from
producers from any one State or importers of cotton. Producers and
importers may sign up to request such a referendum at the county
office of the Agricultural Stabilization and Conservation Service,
or county extension agent, or by mailing such a request to the
Secretary, as prescribed in regulations. The sign-up period shall
be for a period not to exceed 90 days, shall commence 60 days after
the Secretary makes a public announcement of a determination not to
provide for a referendum on the Secretary's own initiative, and
shall be publicized by the Secretary and the Cotton Board
immediately after such public announcement. The referendum shall be
held within 12 months after the end of the sign-up period, if
requested by the requisite number of persons.
(3) The amendment to the order provided for in this subsection
shall not be effective if it is disapproved by a majority of cotton
producers and importers of cotton voting in the referendum.
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