Page:United States Statutes at Large Volume 95.djvu/1380

 95 STAT. 1354

PUBLIC LAW 97-98—DEC. 22, 1981 REQUIREMENT OF REFERENDUM

7 USC 4308.

SEC. 1709. (a) The Secretary shall conduct a referendum among domestic producers and importers not exempt under section 1712 of this title who, during a representative period determined by the Secretary, have been engaged in the production or importation of flowers and plants, for the purpose of ascertaining whether the issuance of an order is approved or favored by such domestic producers and importers. No order issued pursuant to this title shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers and importers voting in such referendum, or by a majority of the producers and importers voting in such referendum if such majority produced and imported not less than two-thirds of the total value of the flowers and plants produced and imported by those producers and importers voting in such referendum during a representative period defined by the Secretary. Reimbursement. (b) The Secretary shall be reimbursed from assessments for all costs incurred by the Government in connection with the conduct of the referendum, except for the salaries of Government employees. SUSPENSION AND TERMINATION OF ORDERS

7 USC 4309.

SEC. 1710. (a) Whenever the Secretary finds that any order issued under this title, or any provisions thereof, obstructs or does not tend to effectuate the declared policy of this title, the Secretary shall terminate or suspend the operation of such order or such provisions thereof. (b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of producers and importers voting in the referendum approving the order, to determine whether such producers and importers favor the termination or suspension of the order, and shall suspend or terminate such order six months after the Secretary determines that suspension or termination of the order is approved or favored by a majority of the producers and imiwrters voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production or importation of flowers and plants. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this title. PROVISIONS APPLICABLE TO AMENDMENTS

7 USC 4310.

SEC. 1711. The provisions of this title applicable to orders shall be applicable to amendments to orders. EXEMPTIONS

7 USC 4311.

SEC. 1712. Any producer or importer whose total sales of flowers and plants do not exceed $100,000 during a twelve consecutive month period prior to the date an assessment is due and payable shall be exempt from assessments under this title under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder and shall not vote in any referendum under this title: Provided, That the Floraboard shall have the discretion to make annual adjustments in the level of exemption to account for inflation. For the purpose of this section, a producer's or importer's total sales shall include, in those cases in which the producer or importer is an

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