2018 US Code
Title 7 - Agriculture
Chapter 79 - Pork Promotion, Research, and Consumer Information
Sec. 4812 - Suspension and termination of orders

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Citation 7 U.S.C. § 4812 (2018)
Section Name §4812. Suspension and termination of orders
Section Text (a) Authority of Secretary

If after the initial referendum provided for in section 4811(a) of this title the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.

(b) Referendum to terminate or suspend; eligible voters; requirements for approval; termination or suspension date; one referendum within 2-year period

(1)(A) Except as provided in paragraph (2), after the initial referendum provided for in section 4811(a) of this title, 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.


(2) Except with respect to a referendum required to be conducted under section 4811 of this title, the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this chapter in a 2-year period.

(c) Termination or suspension not to be considered an order

The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter.

Source Credit

(Pub. L. 99–198, title XVI, §1623, Dec. 23, 1985, 99 Stat. 1618.)

Editorial Notes EFFECTIVE DATE

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

Publication Title United States Code, 2018 Edition, Title 7 - AGRICULTURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 7 - AGRICULTURE
CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 4812 - Suspension and termination of orders
Contains section 4812
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 99 Stat. 1618
Public Law References Public Law 99-198
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