Current as of: February 2010 (a) In general
For the purpose of ascertaining whether issuance of an order is
approved by producers, importers, and in the case of an order
assessing handlers, handlers, the Secretary shall conduct a
referendum among producers, importers, and, in the case of an order
assessing handlers, handlers, not exempt under section 4606(e)(4)
of this title, that, during a representative period determined by
the Secretary, have been engaged in the production, importation, or
handling of honey or honey products.
(b) Effectiveness of order
(1) In general
No order issued under this chapter shall be effective unless
the Secretary determines that -
(A) the order is approved by a majority of the producers,
importers, and if covered by the order, handlers, voting in the
referendum; and
(B) the producers, importers, and handlers comprising the
majority produced, imported, and handled not less than 50
percent of the quantity of the honey and honey products
produced, imported, and handled during the representative
period by the persons voting in the referendum.
(2) Amendments to orders
The Secretary may amend an order in accordance with the
administrative procedures specified in sections 4604 and 4605 of
this title, except that the Secretary may not amend a provision
of an order that implements a provision of this chapter that
specifically provides for approval in a referendum without the
approval provided for in this section.
(c) Producer-packers and importers
(1) In general
Each producer-packer and each importer shall have 1 vote as a
handler as well as 1 vote as a producer or importer (unless
exempt under section 4606(e)(4) of this title) in all referenda
concerning orders assessing handlers to the extent that the
individual producer-packer or importer owes assessments as a
handler.
(2) Attribution of quantity of honey
For the purpose of subsection (b)(1)(B) of this section -
(A) the quantity of honey or honey products on which the
qualifying producer-packer or importer owes assessments as a
handler shall be attributed to the person's vote as a handler
under paragraph (1); and
(B) the quantity of honey or honey products on which the
producer-packer or importer owes an assessment as a producer or
importer shall be attributed to the person's vote as a producer
or importer.
(d) Confidentiality
The ballots and other information or reports that reveal, or tend
to reveal, the identity or vote of any producer, importer, or
handler of honey or honey products shall be held strictly
confidential and shall not be disclosed.Legislative History Prev ________________________________________________________________________
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