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U.S. Code as of:
01/03/05
Section 4812. Suspension and termination of orders
(a) Authority of Secretary
If after the initial referendum provided for in section 4811(a)
of this title the Secretary determines that an order, or a
provision of the order, obstructs or does not tend to effectuate
the declared policy of this chapter, the Secretary shall terminate
or suspend the operation of such order or provision.
(b) Referendum to terminate or suspend; eligible voters;
requirements for approval; termination or suspension date; one
referendum within 2-year period
(1)(A) Except as provided in paragraph (2), after the initial
referendum provided for in section 4811(a) of this title, on the
request of a number of persons equal to at least 15 percent of
persons who have been producers and importers during a
representative period, as determined by the Secretary, the
Secretary shall conduct a referendum to determine whether the
producers and importers favor the termination or suspension of the
order.
(B) The Secretary shall -
(i) suspend or terminate collection of assessments under the
order not later than 6 months after the date the Secretary
determines that suspension or termination of the order is favored
by a majority of the producers and importers voting in the
referendum; and
(ii) terminate the order in an orderly manner as soon as
practicable after the date of such determination.
(2) Except with respect to a referendum required to be conducted
under section 4811 of this title, the Secretary shall not be
required by paragraph (1) to conduct more than one referendum under
this chapter in a 2-year period.
(c) Termination or suspension not to be considered an order
The termination or suspension of an order, or a provision of an
order, shall not be considered an order within the meaning of this
chapter.
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