7 U.S.C. § 7417 — Referenda

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 L. 110–234 were repealed by section 4(a) of Pub.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), substituted ‘‘shall’’ for ‘‘may’’. Subsec. (c). Pub. L. 110–246, § 1616(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. § 7417. Referenda (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 ref- erendum among persons to be subject to an as- sessment under section 7416 of this title who, during a representative period determined by the Secretary, engaged in— (A) the production or handling of the agri- cultural commodity covered by the order; or (B) the importation of the agricultural commodity. (2) Procedure The results of the referendum shall be deter- mined 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 ref- erendum. (b) Required referenda (1) In general For the purpose of ascertaining whether the persons covered by an order favor the continu- ation, suspension, or termination of the order, the Secretary shall conduct a referendum among persons subject to assessments under section 7416 of this title who, during a rep- resentative period determined by the Sec- retary, have engaged in— (A) the production or handling of the agri- cultural 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 ref- erendum— (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 sub- section (b)(1); to determine if the persons favor the continu- ation, suspension, or termination of the order. (d) Other referenda The Secretary may conduct a referendum at any time to determine whether the continu- ation, suspension, or termination of the order or a provision of the order is favored by persons eli- gible to vote under subsection (b)(1). (e) Approval of order An order may provide for its approval in a ref- erendum— (1) by a majority of those persons voting; (2) by persons voting for approval who rep- resent a majority of the volume of the agricul- tural 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 re- spect to which a referendum is conducted under this section shall reimburse the Secretary for Page 2015 TITLE 7—AGRICULTURE § 7419 any expenses incurred by the Secretary to con- duct 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 reg- istration 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 agri- cultural 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 reg- istration and voting procedures established under this subsection. (Pub. L. 104–127, title V, § 518, Apr. 4, 1996, 110 Stat. 1043.) § 7418. Petition and review of orders (a) Petition (1) In general A person subject to an order issued under this subchapter may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in con- nection with the order, is not established in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) Hearing The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Sec- retary. (3) Ruling After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in sub- section (b). (4) Limitation on petition Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the peti- tion. (b) Review (1) Commencement of action The district court of the United States for any district in which a person who is a peti- tioner under subsection (a) resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under sub- section (a)(3). (2) Process Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary. (3) Remands If the court determines that the ruling is not in accordance with law, the court shall re- mand the matter to the Secretary with direc- tions— (A) to make such ruling as the court deter- mines to be in accordance with law; or (B) to take such further action as, in the opinion of the court, the law requires. (c) Effect on enforcement proceedings The pendency of a petition filed under sub- section (a) or an action commenced under sub- section (b) shall not operate as a stay of any ac- tion authorized by section 7419 of this title to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this sub- chapter. (Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.) § 7419. Enforcement (a) Jurisdiction The district courts of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation issued under this subchapter. (b) Referral to Attorney General A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary shall not be required to refer to the Attorney General a violation of this subchapter if the Secretary believes that the administra- tion and enforcement of this subchapter would be adequately served by providing a suitable written notice or warning to the person who committed the violation or by an administrative action under this section. (c) Civil penalties and orders (1) Civil penalties A person who willfully violates an order or regulation issued by the Secretary under this subchapter may be assessed by the Secretary a civil penalty of not less than $1,000 and not more than $10,000 for each violation. (2) Separate offense Each violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense. (3) Cease-and-desist orders In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring a person to cease and desist from violating the order or regulation.