§ 4611. Requirements of referendum

609 words·~3 min read·/usc/title-7/section-4611

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(a)In general For the purpose of ascertaining whether issuance of an order is approved by producers, importers, and in the case of an order assessing handlers, handlers, the Secretary shall conduct a referendum among producers, importers, and, in the case of an order assessing handlers, handlers, not exempt under section 4606(e)(4) of this title, that, during a representative period determined by the Secretary, have been engaged in the production, importation, or handling of honey or honey products.

(b)Effectiveness of order

(1)In general No order issued under this chapter shall be effective unless the Secretary determines that—

(A)the order is approved by a majority of the producers, importers, and if covered by the order, handlers, voting in the referendum; and

(B)the producers, importers, and handlers comprising the majority produced, imported, and handled not less than 50 percent of the quantity of the honey and honey products produced, imported, and handled during the representative period by the persons voting in the referendum.

(2)Amendments to orders The Secretary may amend an order in accordance with the administrative procedures specified in sections 4604 and 4605 of this title, except that the Secretary may not amend a provision of an order that implements a provision of this chapter that specifically provides for approval in a referendum without the approval provided for in this section.

(c)Producer-packers and importers

(1)In general Each producer-packer and each importer shall have 1 vote as a handler as well as 1 vote as a producer or importer (unless exempt under section 4606(e)(4) of this title) in all referenda concerning orders assessing handlers to the extent that the individual producer-packer or importer owes assessments as a handler.

(2)Attribution of quantity of honey For the purpose of subsection (b)(1)(B)—

(A)the quantity of honey or honey products on which the qualifying producer-packer or importer owes assessments as a handler shall be attributed to the person’s vote as a handler under paragraph (1); and

(B)the quantity of honey or honey products on which the producer-packer or importer owes an assessment as a producer or importer shall be attributed to the person’s vote as a producer or importer.

(d)Confidentiality The ballots and other information or reports that reveal, or tend to reveal, the identity or vote of any producer, importer, or handler of honey or honey products shall be held strictly confidential and shall not be disclosed.

(Pub. L. 98–590, § 12, Oct. 30, 1984, 98 Stat. 3123; Pub. L. 105–185, title VI, § 605(k), June 23, 1998, 112 Stat. 600.)

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U.S. Code

statutes-at-large

Public Law 105–185
To ensure that federally funded agricultural research, extension, and education address high-priority concerns with national or multistate significance, to reform, extend, and eliminate certain agricultural research programs, and for other purposes

Traces to 1 document

U.S. Code

Required terms of order
§ 4606

5 references not yet in our index

Pub. L. 98–590, § 12
98 Stat. 3123
Pub. L. 105–185, title VI, § 605(k)
112 Stat. 600
Pub. L. 105–185

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§ 4611

Requirements of referendum

U.S.C.×8

Stat.×1

U.S.C.§ 4606

Pub. L.Pub. L. 98–590, § 12

Stat.98 Stat. 3123

Pub. L.Pub. L. 105–185, title VI, § 605(k)

Stat.112 Stat. 600

Pub. L.Pub. L. 105–185

Cites 6Cited by 9 across 2 sources