Browse Arkansas Code titles and sections
7 U.S.C. § 7417 — Referenda
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 3388b5d25cd9b941dc05978ceef14a74a1f27ca075736fbbf5ec4203de085a6c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_f20381ea4c07cd9000614b63
Source file: Laws/federal/codes/united-states-code/title-7/section-7417-referenda--253ff7755b.md
Pages: Not recorded – Not recorded
Passage SHA-256: 63e54448b6e57122a64e29e6519bf1f9b31529759a2b47dfe6c54e6eb7922864
Source location: Title 7, Chapter 101, § 7417; chapter-101-agricultural-promotion.md
Stored source content
**(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** The Secretary shall conduct a subsequent referendum—
(1) not later than 7 years after assessments first begin under the order;
(2) at the request of the board established under the order; or
(3) at the request of 10 percent or more of the number of persons eligible to vote under subsection (b)(1);
to determine if the persons favor the continuation, suspension, or termination of the order.
**(d) Other referenda** The Secretary may conduct a referendum at any time to determine whether the continuation, suspension, or termination of the order or a provision of the order is favored by persons eligible to vote under subsection (b)(1).
**(e) Approval of order** An order may provide for its approval in a referendum—
(1) by a majority of those persons voting;
(2) by persons voting for approval who represent a majority of the volume of the agricultural commodity; or
(3) by a majority of those persons voting for approval who also represent a majority of the volume of the agricultural commodity.
**(f) Costs of referenda** The board established under an order with respect to which a referendum is conducted under this section shall reimburse the Secretary for any expenses incurred by the Secretary to conduct the referendum.
**(g) Manner of conducting referenda**
(1) **In general** — A referendum conducted under this section shall be conducted in the manner determined by the Secretary to be appropriate.
(2) **Advance registration** — If the Secretary determines that an advance registration of eligible voters in a referendum is necessary before the voting period in order to facilitate the conduct of the referendum, the Secretary may institute the advance registration procedures by mail, or in person through the use of national and local offices of the Department.
(3) **Voting** — Eligible voters may vote by mail ballot in the referendum or in person if so prescribed by the Secretary.
(4) **Notice** — Not later than 30 days before a referendum is conducted under this section with respect to an order, the Secretary shall notify the agricultural commodity industry involved, in such manner as determined by the Secretary, of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessments authorized** While an order issued under this subchapter is in effect with respect to an agricultural commodity, assessments shall be—
(1) paid by first handlers with respect to the agricultural commodity produced and marketed in the United States; and
(2) paid by importers with respect to the agricultural commodity imported into the United States, if the imported agricultural commodity is covered by the order pursuant to [section 7415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7415/f&num=0&edition=prelim).
**(b) Collection** Assessments required under an order shall be remitted to the board established under the order at the time and in the manner prescribed by the order.
**(c) Limitation on assessments** Not more than 1 assessment may be levied on a first handler or importer under subsection (a) with respect to any agricultural commodity.
**(d) Assessment rates** The board shall recommend to the Secretary 1 or more rates of assessment to be levied under subsection (a). If approved by the Secretary, the rates shall take effect. An order may provide that an assessment rate may not be increased unless approved by a referendum conducted pursuant to [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim).
**(e) Late-payment and interest charges**
(1) **In general** — Late-payment and interest charges may be levied on each person subject to an order who fails to remit an assessment in accordance with subsection (b).
(2) **Rate** — The rate for the charges shall be specified by the Secretary.
**(f) Investment of assessments** Pending disbursement of assessments under a budget approved by the Secretary, a board may invest asse
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7416
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each order shall contain the terms and conditions specified in this section.
**(b) Board**
(1) **Establishment** — Each order shall establish a board to carry out a program of generic promotion, research, and information regarding the agricultural commodity covered by the order and intended to effectuate the purpose of this subchapter.
(2) **Board membership**
(A) *Number of members* — Each board shall consist of the number of members considered by the Secretary, in consultation with the agricultural commodity industry involved, to be appropriate to administer the order. In addition to members, the Secretary may also provide for alternates on the board.
(B) *Appointment* — The Secretary shall appoint the members and any alternates of a board from among producers of the agricultural commodity and first handlers and others in the marketing chain as appropriate. If imports of the agricultural commodity covered by an order are subject to assessment under [section 7415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7415/f&num=0&edition=prelim), the Secretary shall also appoint importers as members of the board and as alternates if alternates are included on the board. The Secretary may appoint 1 or more members of the general public to each board.
(C) *Nominations* — The Secretary may make appointments from nominations made pursuant to the method set forth in the order.
(D) *Geographical representation* — To ensure fair and equitable representation of the agricultural commodity industry covered by an order, the composition of each board shall reflect the geographical distribution of the production of the agricultural commodity involved in the United States and the quantity or value of the agricul
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7414
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7421
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim) shall not apply to an amendment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7422
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2014
TITLE 7—AGRICULTURE
§ 7416a
(A) the escrow account shall be closed; and
(B) the funds shall be available to the
board for disbursement as authorized in the
order.
(Pub. L. 104–127, title V, § 517, Apr. 4, 1996, 110
Stat. 1042.)
§ 7416a. Confirmation of authority of Secretary of
Agriculture to collect State commodity as-
sessments
(a) Collection from marketing assistance loans
The Secretary of Agriculture shall collect
commodity assessments from the proceeds of a
marketing assistance loan for a producer if the
assessment is required to be paid by the pro-
ducer or the first purchaser of a commodity pur-
suant to a State law or pursuant to an authority
administered by the Secretary. This collection
authority does not extend to a State tax or
other revenue collection activity by a State.
(b) Collection pursuant to agreement
The collection of an assessment under sub-
section (a) shall be made as specified in an
agreement between the Secretary of Agriculture
and the State requesting the collection.
(c) Prohibition on charging certain fees
The Secretary may not charge any fees or re-
lated costs for the collection of commodity as-
sessments pursuant to this section.
(Pub. L. 108–470, § 1, Dec. 21, 2004, 118 Stat. 3894;
Pub. L. 110–234, title I, § 1616, May 22, 2008, 122
Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1616,
June 18, 2008, 122 Stat. 1664, 1749.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
Section was not enacted as part of the Commodity
Promotion, Research, and Information Act of 1996
which comprises this subchapter.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–246, § 1616(1
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7417
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.