Page:United States Statutes at Large Volume 97.djvu/1173

 PUBLIC LAW 98-180—NOV. 29, 1983 promotion of the nutritional attributes of fluid milk and dairy products. REQUIREMENT OF REFERENDUM SEC. 115. (a) Within the sixty-day period immediately preceding September 30, 1985, the Secretary shall conduct a referendum among producers who, during a representative period (as deter- mined by the Secretary), have been engaged in the production of milk for commercial usc for the purpose of ascertaining whether the order then in effect shall be continued. Such order shall be contin- ued only if the Secretary determines that it has been approved by not less than a majority of the producers voting in the referendum, who during a representative period (as determined by the Secretary) have been engaged in the production of milk for commercial use. If continuation of the order is not approved by a majority of the producers voting in the referendum, the Secretary shall terminate collection of assessments under the order within six months after the Secretary determines that such action is favored by a majority of the producers voting in the referendum and shall terminate the order in an orderly manner as soon as practicable after such deter- mination. Qo) The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this section and section 116, except for the salaries of Government employees. 97 STAT. 1141 7 USC 4506. Expenses, reimbursement. SUSPENSION AND TERMINATION OF ORDERS SEC. 116. (a) After September 30, 1985, the Secretary shall, when- 7 USC 4507. ever the Secretary finds that any order issued under this subtitle or any provision thereof obstructs or does not tend to effectuate the declared policy of this subtitle, terminate or suspend the operation of such order or such provisions thereof. (b) After September 30, 1985, the Secretary may conduct a referen- Referendum, dum at any time, and shall hold a referendum on request of a representative group comprising 10 per centum or more of the number of producers subject to the order, to determine whether the producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representa- tive period (as determined by the Secretary), have been engaged in the production of milk for commercial usc and shall terminate the order in an orderly manner as soon as practicable after such determination. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this subtitle. COOPERATIVE ASSOCIATION REPRESENTATION SEC. 117. Whenever, under the provisions of this subtitle, the 7 USC 4508. Secretary is required to determine the approval or disapproval of producers, the Secretary shall consider the approval or disapproval by any cooperative association of producers, engaged in a bona fide manner in marketing milk or the products thereof, as the approval

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