7 U.S.C. § 2905 — Certification of organizations to nominate

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 the State. (2) The association or organization rep- resents a substantial number of producers that produce a substantial number of cattle in the State. (3) The association or organization has a his- tory of stability and permanency. (4) A primary or overriding purpose of the association or organization is to promote the economic welfare of cattle producers. (c) Factual report basis for certification of State cattle association and State general farm as- sociation Certification of State cattle associations and State general farm organizations shall be based on a factual report submitted by the association or organization involved. (d) Certification of more than one State organi- zation; caucus If more than one State organization is cer- tified in a State (or in a unit referred to in sec- tion 2904(1) of this title), such organizations may caucus to determine any of such State’s (or such unit’s) nominations under section 2904(1) of this title. (Pub. L. 94–294, § 6, May 28, 1976, 90 Stat. 531; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1603.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to certification of organi- zations to nominate for provisions relating to findings and issuance of 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. § 2906. Requirement of referendum (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 ap- proved by not less than a majority of the pro- ducers voting in the referendum who, during a representative period as determined by the Sec- retary, have been engaged in the production of cattle. If continuation of the order is not ap- proved by a majority of those voting in the ref- erendum, the Secretary shall terminate collec- tion of assessments under the order within six months after the Secretary determines that con- tinuation of the order is not favored by a major- ity voting in the referendum and shall termi- nate the order in an orderly manner as soon as practicable after such determination. (b) Additional referendum to determine suspen- sion 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 de- termine whether cattle producers favor the ter- mination or suspension of the order. The Sec- retary 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 ma- jority of the producers voting in the referendum who, during a representative period as deter- mined 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 as- sessments collected by the Board for any ex-