§4612. Suspension and termination
(a) Authority of Secretary
Whenever the Secretary finds that any order issued under this chapter, or any provisions thereof, obstructs or does not tend to effectuate the declared purpose of this chapter, the Secretary shall terminate or suspend the operation of such order or such provisions thereof.
(b) Referendum; time for conducting by Secretary; alternate referendum conducted by Secretary
(1) Except as otherwise provided in paragraph (2), five years from the date on which the Secretary issues an order authorizing the collection of assessments on honey under provisions of this chapter, and every five years thereafter, the Secretary shall conduct a referendum to determine if honey producers and importers favor the termination or suspension of the order.
(2)(A) In lieu of the first referendum otherwise required to be conducted under paragraph (1) for the order in effect on November 28, 1990, the Secretary shall conduct a referendum to determine if honey producers and importers favor-
(i) the continuation of the order; and
(ii) termination of the authority for producers and importers to obtain a refund of assessments under section 4608(h)(1) of this title.
The referendum shall be conducted at the time the first referendum otherwise required under paragraph (1) would have been conducted, except for the operation of this paragraph.
(B)(i) The Secretary shall terminate such order at the end of the marketing year during which such referendum is conducted, if the Secretary determines that termination of the order is approved or favored by not less than a majority of the producers and importers voting in the referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum.
(ii) If the Secretary determines that termination of the authority for producers and importers to receive refunds of assessments under section 4608(h)(1) of this title is favored or approved by a majority of the producers and importers voting in such referendum and that the producers and importers comprising this majority produce and import more than 50 percent of the volume of honey produced and imported by those voting in the referendum, then the Secretary shall amend such order as necessary to reflect the vote of producers and importers. Such amendment to the order shall become effective on the date it is issued, but in no case more than 180 days after the conduct of such referendum.
(c) Honey Board; referendum; request
The Secretary shall hold a referendum on the request of the Honey Board or when petitioned by 10 per centum or more of the honey producers and importers to determine if the honey producers and importers favor termination or suspension of the order.
(d) Marketing year; termination or suspension at end of
The Secretary shall terminate or suspend an order at the end of the marketing year in which a referendum is conducted under subsection (b) or (c) of this section whenever the Secretary determines that such suspension or termination is favored by a majority of those voting in a referendum and that the producers and importers comprising this majority produce and import more than 50 per centum of the volume of honey produced and imported by those voting in the referendum.
(Pub. L. 98 590, §13, Oct. 30, 1984,
Amendments
1990-Subsec. (b). Pub. L. 101 624, §1985(a), designated existing provisions as par. (1), substituted "Except as otherwise provided in paragraph (2), five" for "Five" and "termination" for "continuation, termination," and added par. (2).
Subsec. (d). Pub. L. 101 624, §1985(b), substituted "an order" for "such order", inserted "in which a referendum is conducted under subsection (b) or (c) of this section" after "marketing year", and struck out "of the order" before "is favored by".
Section Referred to in Other Sections
This section is referred to in section 4608 of this title.