Page:United States Statutes at Large Volume 110 Part 1.djvu/1068

 110 STAT. 1044 PUBLIC LAW 104-127—APR. 4, 1996 (2) TIME FOR REFERENDUM.—The referendum shall be conducted not later than 3 years after assessments first begin under the order. (3) EXCEPTION. —This subsection shall not apply if an initial referendum was conducted under subsection (a). (c) SUBSEQUENT REFERENDA. — The Secretary shall conduct a subsequent referendum— (1) not later than 7 years after assessments first begin under the order; (2) at the request of the board established under the order; or (3) at the request of 10 percent or more of the number of persons eligible to vote under subsection (b)(1); to determine if the persons favor the continuation, suspension, or termination of the order. (d) OTHER REFERENDA. — The Secretary may conduct a referendum at any time to determine whether the continuation, suspension, or termination of the order or a provision of the order is favored by persons eligible to vote under subsection (b)(1). (e) APPROVAL OF ORDER. —An order may provide for its approval in a referendum— (1) by a majority of those persons voting; (2) by persons voting for approval who represent a majority of the volume of the agricultural commodity; or (3) by a majority of those persons voting for approval who also represent a majority of the volume of the agricultural commodity. (f) COSTS OF REFERENDA. — The board established under an order with respect to which a referendum is conducted under this section shall reimburse the Secretary for any expenses incurred by the Secretary to conduct the referendum. (g) MANNER OF CONDUCTING REFERENDA.— (1) IN GENERAL.—^A referendum conducted under this section shall be conducted in the manner determined by the Secretary to be appropriate. (2) ADVANCE REGISTRATION. — I f the Secretary determines that an advance registration of eligible voters in a referendum is necessary before the voting period in order to facilitate the conduct of the referendum, the Secretary may institute the advance registration procedures by mail, or in person through the use of national and local offices of the Department. (3) VOTING.—El igible voters may vote by mail ballot in the referendum or in person if so prescribed by the Secretary. (4) NOTICE. — Not later than 30 days before a referendum is conducted under this section with respect to an order, the Secretary shall notify the agricultural commodity industry involved, in such manner as determined by the Secretary, of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection. 7 USC 7418. SEC. 519. PETITION AND REVIEW OF ORDERS. (a) PETITION. — (1) IN GENERAL,—A person subject to an order issued under this subtitle may file with the Secretary a petition—

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