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U.S. Code as of:
01/03/05
Section 4912. Requirement of referendum
(a) The Secretary shall conduct a referendum among producers,
handlers, and importers not exempt under sections 4902(5) and
4907(b) of this title who, during a representative period
determined by the Secretary, have been engaged in the production,
handling, or importing of watermelons, for the purpose of
ascertaining whether the issuance of a plan is approved or favored
by producers, handlers, and importers. The ballots and other
information or reports that reveal or tend to reveal the vote of
any producer, handler, or importer or the person's volume of
watermelons produced, handled, or imported shall be held strictly
confidential and shall not be disclosed. Any officer or employee of
the Department of Agriculture violating the provisions hereof shall
be subject to the penalties provided in section 4908(c) of this
title.
(b) A plan issued under this chapter shall not take effect unless
the Secretary determines that the issuance of the plan is approved
or favored by a majority of the producers and handlers (and
importers who are subject to the plan) voting in the referendum.
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