View all text of Subchapter IV [§ 7461 - § 7473]
§ 7470. Referenda
(a) Initial referendum
(1) Referendum required
(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
(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
(Pub. L. 104–127, title V, § 561, Apr. 4, 1996, 110 Stat. 1073.)