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7 U.S.C. § 2906 — Requirement of referendum
Federal law — U.S. Code and appendices · legal_authorities
**(a) Continuation or termination of order** For the purpose of determining whether the initial order shall be continued, not later than 22 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been producers or importers during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle. If continuation of the order is not approved by a majority of those voting in the referendum, the Secretary shall terminate collection of assessments under the order within six months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum and shall terminate the order in an orderly manner as soon as practicable after such determination.
**(b) Additional referendum to determine suspension or termination of order** After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 10 per centum or more of the number of cattle producers to determine whether cattle producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle and shall terminate or suspend the order in
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Source location: Title 7, Chapter 62, § 2906; chapter-062-beef-research-and-information.md
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**(a) Continuation or termination of order** For the purpose of determining whether the initial order shall be continued, not later than 22 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been producers or importers during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle. If continuation of the order is not approved by a majority of those voting in the referendum, the Secretary shall terminate collection of assessments under the order within six months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum and shall terminate the order in an orderly manner as soon as practicable after such determination.
**(b) Additional referendum to determine suspension or termination of order** After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 10 per centum or more of the number of cattle producers to determine whether cattle producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle and shall terminate or suspend the order in an orderly manner as soon as practicable after such determination.
**(c) Reimbursement for cost of referendum; time and place of referendum; certification by producers; absentee mail ballot** The Department shall be reimbursed from assessments collected by the Board for any expenses incurred by the Department in connection with conducting any referendum under this section, except for the salaries of Government employees. Any referendum conducted under this section shall be conducted on a date established by the Secretary, whereby producers shall certify that they were engaged in the production of cattle during the representative period and, on the same day, shall be provided an opportunity to vote in the referendum. Each referendum shall be conducted at county extension offices, and there shall be provision for an absentee mail ballot on request.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress finds that—
(1) beef and beef products are basic foods that are a valuable part of human diet;
(2) the production of beef and beef products plays a significant role in the Nation’s economy, beef and beef products are produced by thousands of beef producers and processed by numerous processing entities, and beef and beef products are consumed by millions of people throughout the United States and foreign countries;
(3) beef and beef products should be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment;
(4) the maintenance and expansion of existing markets for beef and beef products are vital to the welfare of beef producers and those concerned with marketing, using, and producing beef products, as well as to the general economy of the Nation;
(5) there exist established State and national organizations conducting beef promotion, research, and consumer education programs that are invaluable to the efforts of promoting the consumption of beef and beef products; and
(6) beef and beef products move in interstate and foreign commerce, and beef and beef products that do not move in such channels of commerce directly burden or affect interstate commerce of beef and beef products.
**(b)** It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all cattle sold in the United States and on cattle, beef, and beef products imported into the United States) and carrying out a coordinated program of promotion and research designed to strengthen the beef industry’s position in the marketplace and to maintain and expand d
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of escrow account** During the period prior to the approval of the continuation of an order pursuant to the referendum required under [section 2906(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906/a&num=0&edition=prelim), subject to subsection (f), the Board shall—
(1) establish an escrow account to be used for assessment refunds;
(2) place funds in such account in accordance with subsection (b); and
(3) refund assessments to persons in accordance with this section.
**(b) Funding escrow account** Subject to subsection (f), the Board shall place in such account, from assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during the period referred to in subsection (a), an amount equal to the product obtained by multiplying—
(1) the total amount of assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during such period; by
(2) the greater of—
(A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or
(B) 15 percent.
**(c) Demand and receipt of one-time refund** Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this chapter,11 See References in Text note below. any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2907
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Federal law — U.S. Code and appendices · legal_authorities
Page 1546
TITLE 7—AGRICULTURE
§ 2905
(12) The order shall contain terms and condi-
tions, not inconsistent with the provisions of
this chapter, as necessary to effectuate the
provisions of the order.
(Pub. L. 94–294, § 5, May 28, 1976, 90 Stat. 530; Pub.
L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99
Stat. 1599.)
Editorial Notes
AMENDMENTS
1985—Pub. L. 99–198 amended section generally, sub-
stituting provisions relating to required terms in or-
ders for provisions relating to notice and hearing upon
proposed orders.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99–198, set out as a note
under section 2901 of this title.
§ 2905. Certification of organizations to nominate
(a) Eligibility of State organization certified by
Secretary; eligibility criteria
The eligibility of any State organization to
represent producers and to participate in the
making of nominations under section 2904(1) of
this title shall be certified by the Secretary. The
Secretary shall certify any State organization
that the Secretary determines meets the eligi-
bility criteria established under subsection (b)
and such determination as to eligibility shall be
final.
(b) State cattle association or State general farm
organization
A State cattle association or State general
farm organization may be certified as described
in subsection (a) if such association or organiza-
tion meets all of the following eligibility cri-
teria:
(1) The association or organization’s total
paid membership is comprised of at least a
majority of cattle producers or the association
or organization’s total paid membership rep-
resents at least a majority of the cattle pro-
ducers in t
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