Requirements for initial referendum
Referendum required
section 7803(b)(3) of this titlesection 7804(h)(1) of this titleDuring the 60-day period immediately preceding the proposed effective date of an order issued under , the Secretary shall conduct a referendum among producers and importers required to pay assessments under the order, as provided in .
Approval of order needed
The order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum.
Votes permitted
In general
Each producer and importer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote if they satisfy the eligibility requirements as defined in paragraph (2).
Eligibility
section 7802 of this titleFor purposes of paragraph (1), producers and importers, as these terms are defined in , shall be considered to be eligible to vote if they have been producers or importers with sales of Hass avocados during a period of at least 1 year prior to the referendum.
Manner of conducting referenda
In general
Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.
Advance registration
A producer or importer of Hass avocados who chooses to vote in any referendum conducted under this chapter shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
Voting
A producer or importer of Hass avocados who chooses to vote in any referendum conducted under this chapter shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential.
Notice
The Secretary shall notify all producers and importers at least 30 days prior to the referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.
Subsequent referenda
Suspension or termination
Pub. L. 106–387, § 1(a) [title XII, § 1206]114 Stat. 1549 (, , , 1549A–91.)