7 U.S.C. § 4612
Section 4612 · Termination or suspension
Current version, with additions and removals from the November 28, 1990 version.
In this section, the term “person” means a producer, importer, or handler.
(2)(A) In lieu of the first referendum otherwise required to be conducted under paragraph (1) for the order in effect on November 28, 1990, the Secretary shall conduct a referendum to determine if honey producers and importers favor—
(i) the continuation of the order; and
(ii) termination of the authority for producers and importers to obtain a refund of assessments under section 4608(h)(1) of this title.
The referendum shall be conducted at the time the first referendum otherwise required under paragraph (1) would have been conducted, except for the operation of this paragraph.
(B)(i) The Secretary shall terminate such order at the end of the marketing year during which such referendum is conducted, if the Secretary determines that termination of the order is approved or favored by not less than a majority of the producers and importers voting in the referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum.
(ii) If the Secretary determines that termination of the authority for producers and importers to receive refunds of assessments under section 4608(h)(1) of this title is favored or approved by a majority of the producers and importers voting in such referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum, then the Secretary shall amend such order as necessary to reflect the vote of producers and importers. Such amendment to the order shall become effective on the date it is issued, but in no case more than 180 days after the conduct of such referendum.
The Secretary shall hold a referendum on the request of the Honey Board or when petitioned by 10 per centum or more of the honey producers and importers to determine if the honey producers and importers favor termination or suspension of the order.
(1) In general
On the request of the Honey Board or the petition of at least 10 percent of the total number of persons subject to assessment under the order, the Secretary shall conduct a referendum to determine if the persons subject to assessment under the order approve continuation of the order in accordance with section 4611 of this title.
(2) Limitation
Referenda conducted under paragraph (1) may not be held more than once every 2 years.
(3) Effect on periodic referenda
If a referendum is conducted under this subsection and the Secretary determines that continuation of the order is approved under section 4611 of this title, any referendum otherwise required to be conducted under subsection (c) of this section shall not be held before the date that is 5 years after the date of the referendum conducted under this subsection.
(1) In general
(2) Subsequent referendum
If the Secretary terminates or suspends an order that assesses the handling of honey and honey products under paragraph (1), the Secretary shall, not later than 90 days after submission of a proposed order by an interested party—
(A) propose another order to establish a research, promotion, and consumer information program; and
(B) conduct a referendum on the order among persons that would be subject to assessment under the order.
(3) Effectiveness of order
Section 4611 of this title shall apply in determining the effectiveness of the subsequent amended order under paragraph (2).