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7 U.S.C. § 4811 — Referendum
Federal law — U.S. Code and appendices · legal_authorities
**(a) Continuation of order** For the purpose of determining whether an order then 11 So in original. Probably should be followed by “in”. effect shall be continued during the period beginning not earlier than 24 months after the issuance of the order and ending not later than 30 months after the issuance of the order, the Secretary shall conduct a referendum among persons who have been pork producers and importers during a representative period, as determined by the Secretary.
**(b) Factors determining continuation; termination of order**
(1) Such order shall be continued only if the Secretary determines that such order has been approved by not less than a majority of the producers and importers voting in the referendum.
(2) If the continuation of such order is not approved by a majority of the producers and importers voting in the referendum, the Secretary shall terminate—
(A) collection of assessments under the order not later than 6 months after the date of such determination; and
(B) the order in an orderly manner as soon as practicable after the date of such determination.
**(c) Reimbursement for cost** The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred in connection with a referendum conducted under this section or [section 4812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4812&num=0&edition=prelim).
**(d) Manner of conducting** A referendum shall be conducted in such manner as prescribed by the Secretary.
**(e) Amendment of initial order** A referendum to amend the initial order shall be conducted pursuant to this section.
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Stable record: federal_law:legal_authorities:record_usc_b69c85eeca55c870ad14af97
Source file: Laws/federal/codes/united-states-code/title-7/section-4811-referendum--1e18a42789.md
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Source location: Title 7, Chapter 79, § 4811; chapter-079-pork-promotion-research-and-consumer-information.md
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**(a) Continuation of order** For the purpose of determining whether an order then 11 So in original. Probably should be followed by “in”. effect shall be continued during the period beginning not earlier than 24 months after the issuance of the order and ending not later than 30 months after the issuance of the order, the Secretary shall conduct a referendum among persons who have been pork producers and importers during a representative period, as determined by the Secretary.
**(b) Factors determining continuation; termination of order**
(1) Such order shall be continued only if the Secretary determines that such order has been approved by not less than a majority of the producers and importers voting in the referendum.
(2) If the continuation of such order is not approved by a majority of the producers and importers voting in the referendum, the Secretary shall terminate—
(A) collection of assessments under the order not later than 6 months after the date of such determination; and
(B) the order in an orderly manner as soon as practicable after the date of such determination.
**(c) Reimbursement for cost** The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred in connection with a referendum conducted under this section or [section 4812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4812&num=0&edition=prelim).
**(d) Manner of conducting** A referendum shall be conducted in such manner as prescribed by the Secretary.
**(e) Amendment of initial order** A referendum to amend the initial order shall be conducted pursuant to this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress finds that—
(1) pork and pork products are basic foods that are a valuable and healthy part of the human diet;
(2) the production of pork and pork products plays a significant role in the economy of the United States because pork and pork products are—
(A) produced by thousands of producers, including many small- and medium-sized producers; and
(B) consumed by millions of people throughout the United States on a daily basis;
(3) pork and pork products must be available readily and marketed efficiently to ensure that the people of the United States receive adequate nourishment;
(4) the maintenance and expansion of existing markets, and development of new markets, for pork and pork products are vital to—
(A) the welfare of pork producers and persons concerned with producing and marketing pork and pork products; and
(B) the general economy of the United States;
(5) pork and pork products move in interstate and foreign commerce;
(6) pork and pork products that do not move in such channels of commerce directly burden or affect interstate commerce in pork and pork products; and
(7) in recent years, increasing quantities of low-cost, imported pork and pork products have been brought into the United States and replaced domestic pork and pork products in normal channels of trade.
**(b)**
(1) It is the purpose of this chapter to authorize the establishment of an orderly procedure for financing, through adequate assessments, and carrying out an effective and coordinated program of promotion, research, and consumer information designed to—
(A) strengthen the position of the pork industry in the marketplace; and
(B) maintain, develop, and expand markets for pork and pork products.
(2) Such procedure shall be implemented, and such program
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary** If after the initial referendum provided for in [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4811/a&num=0&edition=prelim) the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.
**(b) Referendum to terminate or suspend; eligible voters; requirements for approval; termination or suspension date; one referendum within 2-year period**
(1)
(A) Except as provided in paragraph (2), after the initial referendum provided for in [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4811/a&num=0&edition=prelim), on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum to determine whether the producers and importers favor the termination or suspension of the order.
(B) The Secretary shall—
(i) suspend or terminate collection of assessments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and
(ii) terminate the order in an orderly manner as soon as practicable after the date of such determination.
(2) Except with respect to a referendum required to be conducted under [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4811&num=0&edition=prelim), the Secretary shall not be required b
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4812
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Collection and remission to Board; persons required to pay**
(1) The order shall provide that, not later than 30 days after the effective date of the order under [section 4805(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4805/c&num=0&edition=prelim) an assessment shall be paid, in the manner prescribed in the order. Upon the appointment of the Board, the assessments held in escrow shall be distributed to the Board. Except as provided in paragraph (3), assessments shall be payable by—
(A) each producer for each porcine animal described in subparagraph (A) or (C) of [section 4802(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4802/8&num=0&edition=prelim) produced in the United States that is sold or slaughtered for sale;
(B) each producer for each porcine animal described in subsection 11 So in original. Probably should be “section”. 4802(8)(B) of this title that is sold; and
(C) each importer for each porcine animal, pork, or pork product that is imported into the United States.
(2) Such assessment shall be collected and remitted to the Board once it is appointed pursuant to [section 4808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4808&num=0&edition=prelim), but, until that time, to the Secretary, who shall promptly proceed to distribute the funds received by him in accordance with the provisions of subsection (c), except that the Secretary shall retain the funds to be received by the Board until such time as the Board is appointed pursuant to [section 4808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4808&num=0&edition=prelim), by—
(A) in the case of subparagraph (A)
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4809
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Federal law — U.S. Code and appendices · legal_authorities
Page 1727
TITLE 7—AGRICULTURE
§ 4813
1 So in original. Probably should be followed by ‘‘in’’.
1 So in original. Probably should be ‘‘therefor’’.
§ 4811. Referendum
(a) Continuation of order
For the purpose of determining whether an
order then 1 effect shall be continued during the
period beginning not earlier than 24 months
after the issuance of the order and ending not
later than 30 months after the issuance of the
order, the Secretary shall conduct a referendum
among persons who have been pork producers
and importers during a representative period, as
determined by the Secretary.
(b) Factors determining continuation; termi-
nation of order
(1) Such order shall be continued only if the
Secretary determines that such order has been
approved by not less than a majority of the pro-
ducers and importers voting in the referendum.
(2) If the continuation of such order is not ap-
proved by a majority of the producers and im-
porters voting in the referendum, the Secretary
shall terminate—
(A) collection of assessments under the order
not later than 6 months after the date of such
determination; and
(B) the order in an orderly manner as soon
as practicable after the date of such deter-
mination.
(c) Reimbursement for cost
The Secretary shall be reimbursed from as-
sessments collected by the Board for any ex-
penses incurred in connection with a referendum
conducted under this section or section 4812 of
this title.
(d) Manner of conducting
A referendum shall be conducted in such man-
ner as prescribed by the Secretary.
(e) Amendment of initial order
A referendum to amend the initial order shall
be conducted pursuant to this section.
(Pub. L. 99–198, title XVI, § 1622, Dec. 23, 1985, 99
Stat. 1618.)
Statutory Notes and Related Subsidiaries
EFFEC
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 4811
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