7 U.S.C. § 7446 — Referenda

Page 2023 TITLE 7—AGRICULTURE § 7446 1 See Change of Name note below. (C) the producer demands the refund prior to the conduct of the referendum under sec- tion 7446(a) of this title. (4) Form of demand The demand shall be made in accordance with such regulations, in such form, and with- in such time period as prescribed by the Board. (5) Making of refund The refund shall be made on submission of proof satisfactory to the Board that the pro- ducer paid the assessment for which the re- fund is demanded. (6) Proration If— (A) the amount in the escrow account re- quired by paragraph (1) is not sufficient to refund the total amount of assessments de- manded by eligible producers; and (B) the order is not approved pursuant to the referendum conducted under section 7446(a) of this title; the Board shall prorate the amount of the re- funds among all eligible producers who de- mand a refund. (7) Program approved If the plan is approved pursuant to the ref- erendum conducted under section 7446(a) of this title, all funds in the escrow account shall be returned to the Board for use by the Board in accordance with this subchapter. (Pub. L. 104–127, title V, § 536, Apr. 4, 1996, 110 Stat. 1056.) § 7446. Referenda (a) Initial referendum (1) Requirement During the period ending 30 months after the date on which an order is first issued under section 7443(b)(3) of this title, the Secretary shall conduct a referendum among producers who, during a representative period as deter- mined by the Secretary, have been engaged in the production of canola or rapeseed for the purpose of ascertaining whether the order then in effect shall be continued. (2) Advance notice The Secretary shall, to the extent prac- ticable, provide broad public notice in advance of any referendum. The notice shall be pro- vided, without advertising expenses, by means of newspapers, county newsletters, the elec- tronic media, and press releases, through the use of notices posted in State and county co- operative extension offices and county Con- solidated Farm Service Agency 1 offices, and by other appropriate means specified in the order. The notice shall contain information on when the referendum will be held, registration and voting requirements, rules regarding ab- sentee voting, and other pertinent informa- tion. (3) Approval of order The order shall be continued only if the Sec- retary determines that the order has been ap- proved by not less than a majority of the pro- ducers voting in the referendum. (4) Disapproval of order If continuation of the order is not approved by a majority of the producers voting in the referendum, the Secretary shall terminate col- lection of assessments under the order within 180 days after the referendum and shall termi- nate the order in an orderly manner as soon as practicable. (b) Additional referenda (1) In general (A) Requirement After the initial referendum on an order, the Secretary shall conduct additional referenda, as described in subparagraph (C), if requested by a representative group of producers, as described in subparagraph (B). (B) Representative group of producers An additional referendum on an order shall be conducted if requested by 10 percent or more of the producers who, during a rep- resentative period as determined by the Sec- retary, have been engaged in the production of canola or rapeseed. (C) Eligible producers Each additional referendum shall be con- ducted among all producers who, during a representative period as determined by the Secretary, have been engaged in the produc- tion of canola or rapeseed to determine whether the producers favor the termination or suspension of the order. (2) Disapproval of order If the Secretary determines, in a referendum conducted under paragraph (1), that suspen- sion or termination of the order is favored by a majority of the producers voting in the ref- erendum, the Secretary shall suspend or ter- minate, as appropriate, collection of assess- ments under the order within 180 days after the determination, and shall suspend or termi- nate the order, as appropriate, in an orderly manner as soon as practicable after the deter- mination. (3) Opportunity to request additional referenda (A) In general Beginning on the date that is 5 years after the conduct of a referendum under this sub- chapter, and every 5 years thereafter, the Secretary shall provide canola and rapeseed producers an opportunity to request an addi- tional referendum. (B) Method of making request (i) In-person requests To carry out subparagraph (A), the Sec- retary shall establish a procedure under which a producer may make a request for a reconfirmation referendum in person at a county cooperative extension office or a county Consolidated Farm Service Agency office during a period established by the Secretary, or as provided in clause (ii). (ii) Mail-in requests In lieu of making a request in person, a producer may make a request by mail. To Page 2024 TITLE 7—AGRICULTURE § 7447 facilitate the submission of requests by mail, the Secretary may make mail-in re- quest forms available to producers. (C) Notifications The Secretary shall publish a notice in the Federal Register, and the Board shall pro- vide written notification to producers, not later than 60 days prior to the end of the pe- riod established under subparagraph (B)(i) for an in-person request, of the opportunity of producers to request an additional ref- erendum. The notification shall explain the right of producers to an additional ref- erendum, the procedure for a referendum, the purpose of a referendum, and the date and method by which producers may act to request an additional referendum under this paragraph. The Secretary shall take such other action as the Secretary determines is necessary to ensure that producers are made aware of the opportunity to request an addi- tional referendum. (D) Action by Secretary As soon as practicable following the sub- mission of a request for an additional ref- erendum, the Secretary shall determine whether a sufficient number of producers have requested the referendum, and take such steps as are necessary to conduct the referendum, as required under paragraph (1). (E) Time limit An additional referendum requested under the procedures provided in this paragraph shall be conducted not later than 1 year after the Secretary determines that a rep- resentative group of producers, as described in paragraph (1)(B), have requested the con- duct of the referendum. (c) Procedures (1) Reimbursement of Secretary The Secretary shall be reimbursed from as- sessments collected by the Board for any ex- penses incurred by the Secretary in connec- tion with the conduct of an activity required under this section. (2) Date Each referendum shall be conducted for a reasonable period of time not to exceed 3 days, established by the Secretary, under a proce- dure under which producers intending to vote in the referendum shall certify that the pro- ducers were engaged in the production of canola, rapeseed, or canola or rapeseed prod- ucts during the representative period and, at the same time, shall be provided an oppor- tunity to vote in the referendum. (3) Place Referenda under this section shall be con- ducted at locations determined by the Sec- retary. On request, absentee mail ballots shall be furnished by the Secretary in a manner pre- scribed by the Secretary. (Pub. L. 104–127, title V, § 537, Apr. 4, 1996, 110 Stat. 1058; Pub. L. 110–234, title VII, § 7511(c)(28), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(28), June 18, 2008, 122 Stat. 1664, 2031.) 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. AMENDMENTS 2008—Subsecs. (a)(2), (b)(3)(B)(i). Pub. L. 110–246, § 7511(c)(28), substituted ‘‘cooperative extension’’ for ‘‘Cooperative State Research, Education, and Exten- sion Service’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Consolidated Farm Service Agency effectively re- named Farm Service Agency by the amendments made to section 6932 of this title by Pub. L. 115–334, title XII, § 12404(a), Dec. 20, 2018, 132 Stat. 4974. 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(28) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. § 7447. Petition and review (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, a provision of the order, or an 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) Hearings The petitioner shall be given the oppor- tunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary. (3) Ruling After a hearing under paragraph (2), the Sec- retary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with appli- cable law. (4) Limitation on petition Any petition filed under this subchapter challenging an order, or any obligation im- posed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obliga- tion. (b) Review (1) Commencement of action The district court of the United States for any district in which the person who is a peti- tioner under subsection (a) resides or carries on business shall have jurisdiction to review a