Page:United States Statutes at Large Volume 99 Part 2.djvu/508

 99 STAT. 1618

PUBLIC LAW 99-198—DEC. 23, 1985

(c) A person who willfully violates subsection (a)(1) or (b) shall, on conviction, be— (1) subject to a fine of not more than $1,000 or imprisoned for not more than 1 year, or both; and (2) if such person is an employee of the Department of Agriculture or the Board, removed from office. REFERENDUM

7 USC 4811.

Infra.

SEC. 1622. (a) For the purpose of determining whether an order then effect shall be continued during the period beginning not earlier than 24 months after the issuance of the order and ending not later than 30 months after the issuance of the order, the Secretary shall conduct a referendum among persons who have been pork producers and importers during a representative period, as determined by the Secretary. (b)(1) Such order shall be continued only if the Secretary determines that such order has been approved by not less than a majority of the producers and importers voting in the referendum, (2) If the continuation of such order is not approved by a majority of the producers and importers voting in the referendum, the Secretary shall terminate— (A) collection of assessments under the order not later than 6 months after the date of such determination; and (B) the order in an orderly manner as soon as practicable after the date of such determination. (c) The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred in connection with a referendum conducted under this section or section 1623. (d) A referendum shall be conducted in such manner as prescribed by the Secretary. (e) A referendum to amend the initial order shall be conducted pursuant to this section. SUSPENSION AND TERMINATION OF ORDERS

7 USC 4812. Supra.

SEC. 1623. (a) If after the initial referendum provided for in section 1622(a) the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this subtitle, the Secretary shall terminate or suspend the operation of such order or provision. (b)(l)(A) Except as provided in paragraph (2), after the initial referendum provided for in section 1622(a), on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum to determine whether the producers and importers favor the termination or suspension of the order. (B) The Secretary shall— (i) suspend or terminate collection of assessments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and (ii) terminate the order in an orderly manner as soon as practicable after the date of such determination. .

�