Referenda — Us Code Code § 7470
Us Code Code § 7470 — Referenda. Reproduced from the official United States Code, with a citation summary, verification link, and related provisions.
§ 7470. Referenda
(a) Initial referendum
(1) Referendum required
During the 60-day period immediately preceding the proposed effective date of an order issued under section 7463 of this title, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order.
(2) Approval of order
The order shall become effective, as provided in section 7463 of this title, if the Secretary determines that—
(A) the order has been approved by a majority of the producers and importers voting in the referendum; and
(B) the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
(b) Subsequent referenda
The Secretary may periodically conduct a referendum to determine if kiwifruit producers and importers favor the continuation, termination, or suspension of any order issued under section 7463 of this title that is in effect at the time of the referendum.
(c) Required referenda
The Secretary shall hold a referendum under subsection (b)—
(1) at the end of the 6-year period beginning on the effective date of the order and at the end of each subsequent 6-year period;
(2) at the request of the Board; or
(3) if not less than 30 percent of the kiwifruit producers and importers subject to assessments under the order submit a petition requesting the referendum.
(d) Vote
On completion of a referendum under subsection (b), the Secretary shall suspend or terminate the order that was subject to the referendum at the end of the marketing year if—
(1) the suspension or termination of the order is favored by not less than a majority of the producers and importers voting in the referendum; and
(2) the producers and importers produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
(e) Confidentiality
The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this subchapter and the voting list shall be held strictly confidential and shall not be disclosed.
(Pub. L. 104–127, title V, §561, Apr. 4, 1996, 110 Stat. 1073.)
About This Section
7 U.S.C. § 7470 is part of Title 7 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 7 U.S.C. § 7470. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.