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U.S. Code as of:
01/03/05
Section 7105. Referenda
(a) Initial referendum
(1) In general
Following the issuance of an order under section 7103 of this
title, the Secretary shall conduct a referendum among producers,
feeders, and importers who, during a representative period as
determined by the Secretary, have been engaged in the production,
feeding, or importation of sheep or sheep products for the
purpose of ascertaining whether the order shall go into effect.
(2) Approval of order
The order shall become effective only if the Secretary
determines that the order has been approved by not less than a
majority of the producers, feeders, and importers voting in the
referendum or at least 2/3 of the production represented by
persons voting in the referendum.
(b) Additional referenda
(1) In general
After the initial referendum, on the request of a
representative group comprising 10 percent or more of the
producers, feeders, and importers who, during a representative
period as determined by the Secretary, have been engaged in the
production, feeding, importation, or processing of sheep or sheep
products, the Secretary shall conduct a referendum of producers,
feeders, and importers to determine whether the producers,
feeders, and importers favor the termination or suspension of the
order.
(2) Suspension or termination
If the Secretary determines that suspension or termination of
the order is favored by a majority of the producers, feeders, and
importers voting in the referendum or at least 2/3 of the
production represented by the persons voting in the referendum,
the Secretary shall suspend or terminate -
(A) collection of assessments under the order not later than
180 days after the determination; and
(B) the order in an orderly manner as soon as practicable
after the determination.
(c) Procedures
(1) Reimbursement
(A) In general
Except as provided in subparagraph (B), the Board shall
reimburse the Secretary for any expenses incurred by the
Secretary in connection with the conduct of any referendum
under this section.
(B) Federal employee salaries
The Board shall not be required to reimburse the Secretary
for the salaries of Federal employees under subparagraph (A) if
the Secretary determines that the reimbursement would be overly
burdensome and costly.
(2) Date
Each referendum under this section shall be conducted on a date
established by the Secretary, under a procedure by which
producers, feeders, and importers intending to vote in the
referendum shall certify that the producers, feeders, and
importers were engaged in the production, feeding, or importation
of sheep or sheep products during the representative period and,
on the same day, shall be provided an opportunity to vote in the
referendum.
(3) Place
Referenda under this section shall be conducted at locations
determined by the Secretary. Absentee mail ballots shall be
furnished by the Secretary on request made in person, by mail, or
by telephone.
(4) Allocation of production
The Secretary shall determine a method of allocating, by a pro
rata percentage of annual projected or actual assessments from
importers, the volume of production represented by importers in
referenda conducted pursuant to this section.
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