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U.S. Code as of:
01/03/05
Section 6413. Requirement of initial referendum
(a) In general
Within the 60-day period immediately preceding the effective date
of an order issued under section 6405(a) of this title, the
Secretary shall conduct a referendum among fluid milk processors to
ascertain whether the order shall go into effect.
(b) Implementation
If, as a result of the referendum conducted under subsection (a)
of this section, the Secretary determines that implementation of
the order is favored -
(1) by at least 50 percent of fluid milk processors voting in
the referendum; and
(2) by fluid milk processors voting in the referendum that
marketed during the representative period, as determined by the
Secretary, 60 percent or more of the volume of fluid milk
products marketed by fluid milk processors voting in the
referendum;
the order shall become effective as provided in section 6405(b) of
this title.
(c) Costs of referendum
The Secretary shall be reimbursed from any assessments collected
by the Board for any expenses incurred by the Department in
connection with the conduct of any referendum under this chapter.
(d) Manner
(1) In general
Referenda conducted pursuant to this chapter shall be conducted
in a manner determined by the Secretary.
(2) Advance registration
A fluid milk processor who chooses to vote in any referendum
conducted under this chapter shall register with the Secretary
prior to the voting period, after receiving notice from the
Secretary concerning the referendum under paragraph (4).
(3) Voting
A fluid milk processor who votes in any referendum conducted
under this chapter shall vote in accordance with procedures
established by the Secretary. The ballots and other information
or reports that reveal or tend to reveal the vote of any
processor shall be held strictly confidential.
(4) Notice
The Secretary shall notify all processors at least 30 days
prior to a referendum conducted under this chapter. The notice
shall explain the procedure established under this subsection.
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