2011 US Code
Title 7 - Agriculture
Chapter 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION (§§ 6201 - 6212)
Section 6209 - Initial referendum
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION Sec. 6209 - Initial referendum |
Contains | section 6209 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 101-624, title XIX, §1960, Nov. 28, 1990, 104 Stat. 3879; Pub. L. 103-194, §5, Dec. 14, 1993, 107 Stat. 2295. |
Statutes at Large References | 104 Stat. 3879 107 Stat. 2295 |
Public Law References | Public Law 101-624, Public Law 103-194 |
Download PDF
Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—
(1) are not exempt from assessment under section 6204(d)(5) of this title; and
(2) produced or imported limes during a representative period as determined by the Secretary.
(b) Purpose of referendumThe referendum referred to in subsection (a) of this section is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.
(c) ConfidentialityThe ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this section, or section 6210 of this title, shall be held strictly confidential and shall not be disclosed.
(d) Refund of assessments from escrow account (1) In generalA portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
(2) Approval of orderIf the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a) of this section, the funds in the escrow account shall be released to be used for the purposes of this chapter.
(3) Disapproval of order (A) ProrationIf—
(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and
(ii) the plan is not approved pursuant to the referendum conducted under subsection (a) of this section;
the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.
(B) Right to refundA producer, producer-handler, or importer shall be eligible to receive a refund—
(i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and
(ii) on submission of proof satisfactory to the Board that the person paid the assessment for which refund is sought and did not collect the assessment from another person.
(C) Surplus fundsAny funds not refunded under this paragraph shall be released to be used to carry out this chapter.
(Pub. L. 101–624, title XIX, §1960, Nov. 28, 1990, 104 Stat. 3879; Pub. L. 103–194, §5, Dec. 14, 1993, 107 Stat. 2295.)
Amendments1993—Subsec. (a). Pub. L. 103–194 substituted “Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title,” for “Not later than 2 years after the date on which the Secretary first issues an order under section 6203(a),”.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.