7 USC 4912 – Requirement of referendum
(a) The Secretary shall conduct a referendum among producers, handlers, and importers not exempt under sections 4902(5) and 4907(b) of this title who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons, for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers, handlers, and importers. The ballots and other information or reports that reveal or tend to reveal the vote of any producer, handler, or importer or the person‘s volume of watermelons produced, handled, or imported shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the penalties provided in section 4908(c) of this title.
Terms Used In 7 USC 4912
- handler: means any person (except a common or contract carrier of watermelons owned by another person) who handles watermelons in a manner specified in a plan issued under this chapter or in regulations promulgated thereunder. See 7 USC 4902
- importer: means any person who imports watermelons into the United States. See 7 USC 4902
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or other entity. See 7 USC 4902
- plan: means an order issued by the Secretary under this chapter. See 7 USC 4902
- producer: means any person engaged in the growing of 10 or more acres of watermelons. See 7 USC 4902
- Secretary: means the Secretary of Agriculture. See 7 USC 4902
(b) A plan issued under this chapter shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.