(a) Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of the plan or provision.

Terms Used In 7 USC 4913

  • Board: means the National Watermelon Promotion Board provided for in section 4906 of this title. See 7 USC 4902
  • plan: means an order issued by the Secretary under this chapter. See 7 USC 4902
  • Secretary: means the Secretary of Agriculture. See 7 USC 4902
  • watermelon: means all varieties of watermelon grown by producers in the United States or imported into the United States. See 7 USC 4902

(b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers eligible to vote in a referendum, to determine if watermelon producers, handlers, and importers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce, handle, or import more than 50 per cent of the combined total of the volume of the watermelons produced by the producers, handled by the handlers, or imported by the importers voting in the referendum.