7 U.S.C. § 4811 — Referendum

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 EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4812. Suspension and termination of orders (a) Authority of Secretary If after the initial referendum provided for in section 4811(a) of this title the Secretary deter- mines that an order, or a provision of the order, obstructs or does not tend to effectuate the de- clared 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; termi- nation or suspension date; one referendum within 2-year period (1)(A) Except as provided in paragraph (2), after the initial referendum provided for in sec- tion 4811(a) of this title, 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 ref- erendum to determine whether the producers and importers favor the termination or suspen- sion of the order. (B) The Secretary shall— (i) suspend or terminate collection of assess- ments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is fa- vored by a majority of the producers and im- porters voting in the referendum; and (ii) terminate the order in an orderly man- ner as soon as practicable after the date of such determination. (2) Except with respect to a referendum re- quired to be conducted under section 4811 of this title, the Secretary shall not be required by paragraph (1) to conduct more than one ref- erendum under this chapter in a 2-year period. (c) Termination or suspension not to be consid- ered an order The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter. (Pub. L. 99–198, title XVI, § 1623, Dec. 23, 1985, 99 Stat. 1618.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4813. Refunds (a) Demand for refund; persons eligible Notwithstanding any other provision of this chapter, prior to the approval of the continu- ation of an order pursuant to the referendum re- quired under section 4811(a) of this title, any person shall have the right to demand and re- ceive from the Board a refund of an assessment collected under section 4809 of this title if such person— (1) is responsible for paying such assessment; and (2) does not support the program established under this chapter. (b) Form and time within which demand to be made Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid. (c) Payment of refund on submission of satisfac- tory proof Such refund shall be made not later than 30 days after demand is received therefore 1 on sub- mission of proof satisfactory to the Board that the producer, person, or importer— (1) paid the assessment for which refund is sought; and