Page:United States Statutes at Large Volume 110 Part 1.djvu/1082

 110 STAT. 1058 PUBLIC LAW 104-127—APR. 4, 1996 (C) the producer demands the refund prior to the conduct of the referendum under section 537(a). (4) FORM OF DEMAND. —The demand shall be made in accordance with such regulations, in such form, and within such time period as prescribed by the Board. (5) MAKING OF REFUND.— The refund shall be made on submission of proof satisfactory to the Board that the producer paid the assessment for which the refund is demanded. (6) PRORATION. —I f— (A) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by eligible producers; and (B) the order is not approved pursuant to the referendum conducted under section 537(a); the Board shall prorate the amount of the refunds among all eligible producers who demand a refund. (7) PROGRAM APPROVED. —I f the plan is approved pursuant to the referendum conducted under section 537(a), all funds in the escrow account shall be returned to the Board for use by the Board in accordance with this subtitle. 7 USC 7446. SEC. 537. REFERENDA. (a) INITIAL REFERENDUM. — (1) REQUIREMENT. — During the period ending 30 months after the date on which an order is first issued under section 534(b)(3), the Secretary shall conduct a referendum among producers who, during a representative period as determined by the Secretary, have been engaged in the production of canola or rapeseed for the purpose of ascertaining whether the order then in effect shall be continued. (2) ADVANCE NOTICE. —The Secretary shall, to the extent practicable, provide broad public notice in advance of any ref- erendum. The notice shall be provided, without advertising expenses, by means of newspapers, county newsletters, the electronic media, and press releases, through the use of notices posted in State and county Cooperative State Research, Education, and Extension Service offices and county Consolidated Farm Service Agency offices, and by other appropriate means specified in the order. The notice shall contain information on when the referendum will be held, registration and voting requirements, rules regarding absentee voting, and other pertinent information. (3) APPROVAL OF ORDER. — The order shall be continued only if the Secretary determines that the order has been approved by not less than a majority of the producers voting in the referendum. Termination (4) DISAPPROVAL OF ORDER. — If continuation of the order date. is not approved by a majority of the producers voting in the referendum, the Secretary shall terminate collection of assessments under the order within 180 days after the referendum and shall terminate the order in an orderly manner as soon as practicable. (b) ADDITIONAL REFERENDA.— (1) IN GENERAL.— (A) REQUIREMENT. — After the initial referendum on an order, the Secretary shall conduct additional referenda, as described in subparagraph (C), if requested by a rep-

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