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U.S. Code as of:
01/03/05
Section 6309. Administrative provisions
(a) Construction
Except as provided in subsection (b) of this section, nothing in
this chapter may be construed to -
(1) preempt or supersede any other program relating to soybean
promotion, research, consumer information, or industry
information organized and operated under the laws of the United
States or any State; or
(2) authorize the withholding of any information from Congress.
(b) State laws
(1) Referenda on qualified State soybean boards
To ensure the proper administration of this chapter, no State
may conduct a referendum relating to the continuation or
termination of a qualified State soybean board or State soybean
assessment -
(A) during the period beginning on the date an order is
issued under section 6303 of this title and ending 18 months
after the referendum on such order is conducted under section
6305(a) of this title; or
(B) if such order is approved under the referendum conducted
under section 6305(a) of this title by a majority of producers
voting in such State, such State law shall be suspended for an
additional 36 months.
(2) Exception
Paragraph (1) shall not be construed to apply to -
(A) a State referendum concerning the approval of
modifications to a State soybean promotion program that does
not involve termination of the qualified State soybean board or
State soybean assessment; and
(B) any State referendum regarding a State soybean promotion
program that is originated by soybean producers.
(3) Assessments collected by qualified State soybean boards
To ensure adequate funding of the operations of qualified State
soybean boards under this chapter, whenever an order is in effect
under this chapter, no State law or regulation that limits the
rate of assessment that the qualified State soybean board in that
State may collect from producers on soybeans produced in such
State, or that has the effect of limiting such rate, may be
applied to prohibit such State board from collecting, and
expending for authorized purposes, assessments from producers of
up to the full amount of the credit authorized for producer
contributions to qualified State soybean boards under section
6304(l)(4) of this title.
(c) Amendments to orders
The provisions of this chapter applicable to orders shall be
applicable to amendments to orders.
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