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7 U.S.C. § 2107 — Referenda
Federal law — U.S. Code and appendices · legal_authorities
**(a) Referendum and cotton producer approval of orders** The Secretary shall conduct a referendum among persons who, during a representative period determined by the Secretary, have been engaged in the production of cotton for the purpose of ascertaining whether the issuance of an order is approved or favored by producers. No order issued pursuant to this chapter shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the cotton produced during the representative period by producers voting in such referendum and by not less than a majority of the producers voting in such referendum.
**(b) Referendum on proposed amendment to order implementing provisions of 1990 amendments to this chapter**
(1) Notwithstanding the provisions of sections 2103 and 2104 of this title, not later than 150 days after the date of enactment of the Cotton Research and Promotion Act Amendments of 1990 [November 28, 1990], and after notice and opportunity for public comment, the Secretary shall issue a proposed amendment to the order implementing the provisions of such Act, which shall become effective as provided in paragraph (2).
(2) Notwithstanding the provisions of subsection (a), the Secretary shall, within a period not to exceed 8 months after November 28, 1990, conduct a referendum among persons who have been cotton producers during a representative period, as determined by the Secretary, and persons who are importers of cotton and who, during a 12-month period ending not later than 90 days prior to the conduct of the referendum under this section imported a quantity of cotton in excess of the de minimis quantity (if
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Source file: Laws/federal/codes/united-states-code/title-7/section-2107-referenda--9af14e9ffb.md
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Source location: Title 7, Chapter 53, § 2107; chapter-053-cotton-research-and-promotion.md
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**(a) Referendum and cotton producer approval of orders** The Secretary shall conduct a referendum among persons who, during a representative period determined by the Secretary, have been engaged in the production of cotton for the purpose of ascertaining whether the issuance of an order is approved or favored by producers. No order issued pursuant to this chapter shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the cotton produced during the representative period by producers voting in such referendum and by not less than a majority of the producers voting in such referendum.
**(b) Referendum on proposed amendment to order implementing provisions of 1990 amendments to this chapter**
(1) Notwithstanding the provisions of sections 2103 and 2104 of this title, not later than 150 days after the date of enactment of the Cotton Research and Promotion Act Amendments of 1990 [November 28, 1990], and after notice and opportunity for public comment, the Secretary shall issue a proposed amendment to the order implementing the provisions of such Act, which shall become effective as provided in paragraph (2).
(2) Notwithstanding the provisions of subsection (a), the Secretary shall, within a period not to exceed 8 months after November 28, 1990, conduct a referendum among persons who have been cotton producers during a representative period, as determined by the Secretary, and persons who are importers of cotton and who, during a 12-month period ending not later than 90 days prior to the conduct of the referendum under this section imported a quantity of cotton in excess of the de minimis quantity (if any) established by the Secretary under [section 2116(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2116/c/2&num=0&edition=prelim), for the purpose of ascertaining if a majority of those voting approve the proposed amendment to the order issued by the Secretary under paragraph (1). The Secretary shall announce the results of the referendum within 30 days after the date of such referendum. If the amendment is approved in the referendum, within a period not to exceed 90 days from the date of announcement of the results of such referendum, the Secretary shall publish the amendment to the order and regulations implementing the amendment provided for in this subsection.
**(c) Future referendums every five years or by request of cotton producers and importers**
(1) Notwithstanding the provisions of sections 2103 and 2104 of this title, once every five years after the date of the referendum provided for under subsection (b), the Secretary shall conduct a review to ascertain whether a referendum is needed to determine whether producers and importers favor continuation of the amendment to the order provided for in the Cotton Research and Promotion Act Amendments of 1990 if such amendment is then in effect or, if such an amendment is not in effect, whether they favor approval of such amendment. The Secretary shall make a public announcement of the results of the review within 60 days after each fifth anniversary date of the referendum provided for under subsection (b). If the Secretary determines to provide for such a referendum, the Secretary shall conduct the referendum within 12 months after a public announcement of the determination to conduct the referendum.
(2) If the Secretary does not provide for such a referendum on the Secretary’s own initiative, the Secretary shall conduct such a referendum upon the request of 10 percent or more of the number of cotton producers and importers voting in the most recent referendum, except that, in counting such requests for a referendum, not more than 20 percent of such requests may be from producers from any one State or importers of cotton. Producers and importers may sign up to request such a referendum at the county office of the Agricultural Stabilization and Conservation Service, or county extension agent, or by mailing such a request to the Secretary, as prescribed in regulations. The sign-up period shall be for a period not to exceed 90 days, shall commence 60 days after the Secretary makes a public announcement of a determination not to provide for a referendum on the Secretary’s own initiative, and shall be publicized by the Secretary and the Cotton Board immediately after such public announcement. The referendum shall be held within 12 months after the end of the sign-up period, if requested by the requisite number of persons.
(3) The amendment to the order provided for in this subsection shall not be effective if it is disapproved by a majority of cotton producers and importers of cotton voting in the referendum.
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Federal law — U.S. Code and appendices · legal_authorities
Cotton is the basic natural fiber of the Nation. It is produced by many individual cottongrowers throughout the various cotton-producing States of the Nation and also outside the United States. Cotton moves in the channels of interstate and foreign commerce and such cotton which does not move in such channels directly burdens or affects interstate commerce in cotton and cotton products. The efficient production of cotton and the maintenance and expansion of existing markets and the development of new or improved markets and uses is vital to the welfare of cottongrowers and those concerned with marketing, using, and processing cotton as well as the general economy of the Nation. The great inroads on the market and uses for cotton which have been made by manmade fibers have been largely the result of extensive research and promotion which have not been effectively matched by cotton research and promotion. The production and marketing of cotton by numerous individual farmers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary to the maintenance and improvement of the competitive position of, and markets for, cotton. Without an effective and coordinated method for assuring cooperative and collective action in providing for, and financing such programs, individual cotton farmers are unable adequately to provide or obtain the research and promotion necessary to maintain and improve markets for cotton.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
Orders issued pursuant to this chapter shall contain the following terms and conditions:
**(a)** Providing for the establishment and selection by the Secretary, of a Cotton Board, and defining its powers and duties, which shall include only the powers:
(1) To administer such order in accordance with its terms and provisions;
(2) To make rules and regulations to effectuate the terms and provisions of such order, including the designation of the person responsible for collecting the assessment;
(3) To receive, investigate, and report to the Secretary complaints of violations of such order; and
(4) To recommend to the Secretary amendments to such order.
**(b)** Providing that the Cotton Board shall be composed of (1) representatives of cotton producers selected by the Secretary, from nominations submitted by eligible producer organizations within a cotton-producing State, as certified pursuant to [section 2113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2113&num=0&edition=prelim), or, if the Secretary determines that a substantial number of producers are not members of or their interests are not represented by any such eligible producer organizations, from nominations made by producers in the manner authorized by the Secretary, so that the representation of cotton producers on the Board for each cotton-producing State shall reflect, to the extent practicable, the proportion which that State’s marketings of cotton bears to the total marketings of cotton in the United States, and (2) when imports of cotton are subject to an order, an appropriate number of representatives, as determined by the Secretary, of importers of cotton on which assessments are paid under this chapter. Such importer representatives shall be appointed
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions applicable to amendments to orders** Except as provided in subsection (b), the provisions of this chapter applicable to orders shall be applicable to amendments to orders.
**(b) Approval of amendments by cotton producers and importers** No amendment to an order issued under this chapter shall be effective unless the Secretary determines that—
(1) with respect to an amendment referred to in subsection (b) or (c) of [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2107&num=0&edition=prelim), the amendment is approved by producers and importers of cotton as provided in such section; or
(2) with respect to any other amendment, that the amendment is approved by a majority of cotton producers and importers subject to the order voting in the referendum.
**(c) Disapproval of any amendment to order not deemed to invalidate such order** The disapproval of any amendment to an order issued under this chapter shall not be deemed to invalidate such order.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2109
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other section of this chapter and except as provided in subsection (b), any cotton producer against whose cotton any assessment is made and collected from him under the authority of this chapter and who is not in favor of supporting the research and promotion program as provided for herein shall have the right to demand and receive from the Cotton Board a refund of such assessment: Provided, That such demand shall be made personally by such producer in accordance with regulations and on a form and within a time period prescribed by the Board and approved by the Secretary, but in no event less than ninety days, and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor.
**(b)** The right of a producer to demand a refund under subsection (a) shall terminate if the proposed amendment of the order implementing the Cotton Research and Promotion Amendments Act of 1990 is approved in the referendum provided for under [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2107&num=0&edition=prelim). Such right shall terminate 30 days after the date the Secretary announces the results of such referendum if such proposed amendment is approved. Such right shall be reinstated if the amendment should be disapproved in any subsequent referendum.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2110
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Federal law — U.S. Code and appendices · legal_authorities
Page 1401
TITLE 7—AGRICULTURE
§ 2107
erning body consists of cotton producers se-
lected by the cotton producer organizations cer-
tified by the Secretary under section 2113 of this
title, in such manner that the producers of each
cotton-producing State will, to the extent prac-
ticable, have representation on the governing
body of such organization in the proportion that
the cotton marketed by the producers of such
State bears to the total cotton marketed by the
producers of all cotton-producing States, subject
to adjustments to reflect lack of participation
in the program by reason of refunds under sec-
tion 2110 of this title. Any such contract or
agreement shall provide that such contracting
organization or association shall develop and
submit annually to the Cotton Board, for the
purpose of review and making recommendations
to the Secretary, a program of research, adver-
tising, and sales promotion projects, together
with a budget, or budgets, which shall show the
estimated cost to be incurred for such projects,
and that any such projects shall become effec-
tive upon approval by the Secretary. Any such
contract or agreement shall also provide that
the contracting organization shall keep accu-
rate records of all its transactions and make an
annual report to the Cotton Board of activities
carried out and an accounting for funds received
and expended, and such other reports as the Sec-
retary may require.
(h) Providing that no funds collected by the
Cotton Board under the order shall in any man-
ner be used for the purpose of influencing gov-
ernmental policy or action, except as provided
by subsection (a)(4) of this section.
(Pub. L. 89–502, § 7, July 13, 1966, 80 Stat. 281;
Pub. L. 94–366, §§ 2, 3, July 14, 1976, 90 Stat. 991,
992; Pub.
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2107
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