Page:United States Statutes at Large Volume 104 Part 5.djvu/540

 104 STAT. 3862 PUBLIC LAW 101-624—NOV. 28, 1990 than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum. 0?) SUCCEEDING REFERENDA. — (1) DETERMINATION CONCERNING ORDER. — (A) IN GENERAL. —Effective 5 years after the date on which an order becomes effective under section 19240?), the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether they favor continuation, termination, or suspension of the order. (B) REQUEST FOR REFERENDUM. —Effective beginning 3 years after the date on which an order becomes effective under section 19240?), the Secretary, on request of a representative group comprising 30 percent or more of the number of mushroom producers and importers, may conduct a referendum to siscertain whether producers and importers favor termination or suspension of the order. (2) SUSPENSION OR TERMINATION.— If, as a result of any ref- erendum conducted under paragraph (1), the Secretary determines that suspension or termination of an order is favored by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum, the Secretary shall— (A) within 6 months after making such determination, suspend or terminate, as appropriate, collection of assessments under the order; and (B) suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable. (c) MANNER. —Referenda conducted pursuant to this section shall be conducted in such a manner as is determined by the Secretary. 7 USC 6106. SEC. 1927. PETITION AND REVIEW. (a) PETITION.— (1) IN GENERAL. —A person subject to an order issued under this subtitle may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not 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 opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) RuuNG. —After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law. Qo) REVIEW.— (1) COMMENCEMENT OF ACTION. — The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person's petition, if a complaint for that purpose is filed within 20 days after the date of the entry of such ruling of the Secretary under subsection (a).

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