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U.S. Code as of:
01/03/05
Section 2708. Referendum among egg producers
(a) Producer approval of order
The Secretary shall conduct a referendum among egg producers not
exempt hereunder who, during a representative period determined by
the Secretary, have been engaged in the production of commercial
eggs, for the purpose of ascertaining whether the issuance of an
order is approved or favored by such 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 a majority of the producers voting in such
referendum if such majority produced not less than two-thirds of
the commercial eggs produced during a representative period defined
by the Secretary.
(b) Request by Egg Board for referendum
(1) If the Egg Board determines, based on a scientific study,
marketing analysis, or other similar competent evidence, that an
increase in the assessment rate is needed to ensure that
assessments under the order are set at an appropriate level to
effectuate the policy declared in section 2701 of this title, the
Egg Board may request that the Secretary conduct a referendum, as
provided in paragraph (2).
(2)(A) If the Egg Board requests the Secretary to conduct a
referendum under paragraph (1) or (3), the Secretary shall conduct
a referendum among egg producers not exempt from this chapter who,
during a representative period determined by the Secretary, have
been engaged in the production of commercial eggs, for the purpose
of ascertaining whether the producers approve the change in the
assessment rate proposed by the Egg Board.
(B) The change in the assessment rate shall become effective if
the change is approved or favored by -
(i) not less than two-thirds of the producers voting in the
referendum; or
(ii) a majority of the producers voting in the referendum, if
the majority produced not less than two-thirds of all the
commercial eggs produced by the producers voting during a
representative period defined by the Secretary.
(3)(A) In the case of the order in effect on December 14, 1993,
the Egg Board shall determine under paragraph (1), as soon as
practicable after December 14, 1993, whether to request that the
Secretary conduct a referendum under paragraph (2).
(B) If the Egg Board makes such a request on the basis of
competent evidence, as provided in paragraph (1), the Secretary
shall conduct the referendum as soon as practicable, but not later
than -
(i) 120 days after receipt of the request from the Egg Board;
or
(ii) if the Director of the Office of Management and Budget
determines that the change in the assessment rate is a
significant action that requires review by the Director, 170 days
after receipt of the request from the Egg Board.
(4) Notwithstanding any other provision of this chapter, if an
increase in the assessment rate and the authority for additional
increases is approved by producers in a referendum conducted under
this subsection, the Secretary shall amend the order to reflect the
vote of the producers. The amendment to the order shall become
effective on the date of issuance of the amendment.
(c) Nonapproval of amendments as not invalidating order
The failure of egg producers to approve an amendment to any Egg
Research and Promotion Order shall not be deemed to invalidate such
order.
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