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U.S. Code as of:
01/03/05
Section 6415. Amendments
(a) Amendments to order
Subject to subsection (b) of this section, the Secretary may
issue such amendments to an order as may be necessary to carry out
this chapter.
(b) Amendment to assessment rates
(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 adjusting the
assessment rate under the order issued under this chapter then in
effect, 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 all
processors.
(2) Adjustment to assessment rate
The Secretary shall adjust the assessment rate under the order
whenever the Secretary determines that the adjustment is favored
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(A) by at least 50 percent of fluid milk processors voting in
the referendum; and
(B) by fluid milk processors that marketed during a
representative period, as determined by the Secretary, 60
percent or more of the volume of fluid milk products marketed
by all processors;
In no event shall the rate of assessment prescribed by the order
exceed 20 cents per hundredweight.
(3) Effective date
The adjusted assessment rate shall be effective on a date, as
determined by the Secretary, after the results of the referendum
are known, but not later than 30 days after the referendum.
(4) 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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