|
U.S. Code as of:
01/03/05
Section 2906. Requirement of referendum
(a) Continuation or termination of order
For the purpose of determining whether the initial order shall be
continued, not later than 22 months after the issuance of the order
(or any earlier date recommended by the Board), the Secretary shall
conduct a referendum among persons who have been producers or
importers during a representative period, as determined by the
Secretary. The order shall be continued only if the Secretary
determines that it has been approved by not less than a majority of
the producers voting in the referendum who, during a representative
period as determined by the Secretary, have been engaged in the
production of cattle. If continuation of the order is not approved
by a majority of those voting in the referendum, the Secretary
shall terminate collection of assessments under the order within
six months after the Secretary determines that continuation of the
order is not favored by a majority voting in the referendum and
shall terminate the order in an orderly manner as soon as
practicable after such determination.
(b) Additional referendum to determine suspension or termination of
order
After the initial referendum, the Secretary may conduct a
referendum on the request of a representative group comprising 10
per centum or more of the number of cattle producers to determine
whether cattle producers favor the termination or suspension of the
order. The Secretary shall suspend or terminate collection of
assessments under the order within six months after the Secretary
determines that suspension or termination of the order is favored
by a majority of the producers voting in the referendum who, during
a representative period as determined by the Secretary, have been
engaged in the production of cattle and shall terminate or suspend
the order in an orderly manner as soon as practicable after such
determination.
(c) Reimbursement for cost of referendum; time and place of
referendum; certification by producers; absentee mail ballot
The Department shall be reimbursed from assessments collected by
the Board for any expenses incurred by the Department in connection
with conducting any referendum under this section, except for the
salaries of Government employees. Any referendum conducted under
this section shall be conducted on a date established by the
Secretary, whereby producers shall certify that they were engaged
in the production of cattle during the representative period and,
on the same day, shall be provided an opportunity to vote in the
referendum. Each referendum shall be conducted at county extension
offices, and there shall be provision for an absentee mail ballot
on request.
|
|