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U.S. Code as of:
01/03/05
Section 6414. Suspension or termination of orders
(a) Suspension or termination by Secretary
The Secretary shall, whenever the Secretary finds that the order
or any provision of the order obstructs or does not tend to
effectuate the declared policy of this chapter, terminate or
suspend the operation of the order or provision.
(b) Other referenda
(1) In general
The Secretary may conduct at any time a referendum of persons
who, during a representative period as determined by the
Secretary, have been fluid milk processors on whether to suspend
or terminate the order, and shall hold such a referendum on
request of the Board or any group of such processors that among
them marketed during a representative period, as determined by
the Secretary, 10 percent or more of the volume of fluid milk
products marketed by fluid milk processors voting in the
preceding referendum.
(2) Suspension or termination
If the Secretary determines that the suspension or termination
is favored -
(A) by at least 50 percent of fluid milk processors voting in
the referendum; and
(B) by fluid milk processors voting in the referendum that
marketed during a representative period, as determined by the
Secretary, 40 percent or more of the volume of fluid milk
products marketed by fluid milk processors voting in the
referendum;
the Secretary shall, within 6 months after making the
determination, suspend or terminate, as appropriate, collection
of assessments under the order, and suspend or terminate, as
appropriate, activities under the order in an orderly manner as
soon as practicable.
(3) Costs; manner
Subsections (c) and (d) of section 6413 of this title shall
apply to a referendum conducted under this subsection.
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