7 U.S.C. § 4611
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.
No order issued under this chapter shall be effective unless the Secretary determines that-
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.
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.
For the purpose of subsection (b)(1)(B)-
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.
7 U.S.C. § 4611
EDITORIAL NOTES
AMENDMENTS1998- Pub. L. 105-185 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "For the purpose of ascertaining whether issuance of an order is approved or favored by producers and importers, the Secretary shall conduct a referendum among those producers and importers not exempt under section 4606(e)(2) of this title who, during a representative period determined by the Secretary, have been engaged in the production and importation of honey. No order issued pursuant to this chapter shall be effective unless the Secretary determines that the issuance of such an order is approved or favored by not less than two-thirds of the producers and importers voting in such referendum or by a majority of the producers and importers voting in such referendum if such majority produced and imported not less than two-thirds of the honey produced and imported during the representative period. The ballots and other information or reports which reveal, or tend to reveal, the vote of any producer or importer of honey shall be held strictly confidential and shall not be disclosed."
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- handler
- The term "handler" means any person who handles honey.
- honey products
- The term "honey products" means products produced, in whole or part, from honey.
- honey
- The term "honey" means the nectar and saccharine exudations of plants which are gathered, modified, and stored in the comb by honey bees.
- importer
- The term "importer" means any person who imports honey or honey products into the United States or acts as an agent, broker, or consignee for any person or nation that produces honey outside of the United States for sale in the United States and who is listed in the import records as the importer of record for such honey or honey products.
- person
- The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.
- producer
- The term "producer" means any person who produces honey in the United States for sale in commerce.
- producer-packer
- The term "producer-packer" means any person who is both a producer and handler of honey.