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7 U.S.C. § 7421 — Suspension or termination
Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory suspension or termination** The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or a provision of an order obstructs or does not tend to effectuate the purpose of this subchapter, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim).
**(b) Implementation of suspension or termination** If, as a result of a referendum conducted under [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim), the Secretary determines that an order is not approved, the Secretary shall—
(1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and
(2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner.
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Stable record: federal_law:legal_authorities:record_usc_24d44dde8acaa5c1f399cf24
Source file: Laws/federal/codes/united-states-code/title-7/section-7421-suspension-or-termination--64bab89ef1.md
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Source location: Title 7, Chapter 101, § 7421; chapter-101-agricultural-promotion.md
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**(a) Mandatory suspension or termination** The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or a provision of an order obstructs or does not tend to effectuate the purpose of this subchapter, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim).
**(b) Implementation of suspension or termination** If, as a result of a referendum conducted under [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim), the Secretary determines that an order is not approved, the Secretary shall—
(1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and
(2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Initial referendum**
(1) **Optional referendum** — For the purpose of ascertaining whether the persons to be covered by an order favor the order going into effect, the order may provide for the Secretary to conduct an initial referendum among persons to be subject to an assessment under [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7416&num=0&edition=prelim) who, during a representative period determined by the Secretary, engaged in—
(A) the production or handling of the agricultural commodity covered by the order; or
(B) the importation of the agricultural commodity.
(2) **Procedure** — The results of the referendum shall be determined in accordance with subsection (e). The Secretary may require that the agricultural commodity industry involved post a bond or other collateral to cover the cost of the referendum.
**(b) Required referenda**
(1) **In general** — For the purpose of ascertaining whether the persons covered by an order favor the continuation, suspension, or termination of the order, the Secretary shall conduct a referendum among persons subject to assessments under [section 7416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7416&num=0&edition=prelim) who, during a representative period determined by the Secretary, have engaged in—
(A) the production or handling of the agricultural commodity covered by the order; or
(B) the importation of the agricultural commodity.
(2) **Time for referendum** — The referendum shall be conducted not later than 3 years after assessments first begin under the order.
(3) **Exception** — This subsection shall not apply if an initial referendum was conducted under subsection (a).
**(c) Subsequent referenda
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7417
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Federal law — U.S. Code and appendices · legal_authorities
Page 2016
TITLE 7—AGRICULTURE
§ 7420
(4) Notice and hearing
No order assessing a penalty or cease-and-
desist order may be issued by the Secretary
under this subsection unless the Secretary
provides notice and an opportunity for a hear-
ing on the record with respect to the violation.
(5) Finality
An order assessing a penalty or a cease-and-
desist order issued under this subsection by
the Secretary shall be final and conclusive un-
less the person against whom the order is
issued files an appeal from the order with the
United States court of appeals, as provided in
subsection (d).
(d) Review by court of appeals
(1) In general
A person against whom an order is issued
under subsection (c) may obtain review of the
order by—
(A) filing, not later than 30 days after the
person receives notice of the order, a notice
of appeal in—
(i) the United States court of appeals for
the circuit in which the person resides or
carries on business; or
(ii) the United States Court of Appeals
for the District of Columbia Circuit; and
(B) simultaneously sending a copy of the
notice of appeal by certified mail to the Sec-
retary.
(2) Record
The Secretary shall file with the court a cer-
tified copy of the record on which the Sec-
retary has determined that the person has
committed a violation.
(3) Standard of review
A finding of the Secretary under this section
shall be set aside only if the finding is found
to be unsupported by substantial evidence on
the record.
(e) Failure to obey cease-and-desist orders
A person who fails to obey a valid cease-and-
desist order issued by the Secretary under this
section, after an opportunity for a hearing, shall
be subject to a civil penalty assessed by the Sec-
retary of not less than $1,000 and not more than
$10,000 for
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7421
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