republic-os/legal/us/code/title-07/chapter-65/section-3407.md

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LegalText	7 U.S.C. § 3407	Referendum	us	united_states_code	code_section	7	AGRICULTURE	65	WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION	3407	7 U.S.C. § 3407	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip	/us/usc/t7/s3407	data/legal/raw/us/code/title-07/usc07.xml	2a10fb3d0d90b0c7f01c47907339d42d24e230ddb50c8f8ca7e49682c41c11f9	50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984	a7c11c1465570667d0f2223e0655c9425a23372d23d9ac47b1ba8b02044c92c6	2026-07-04	official	legal us-code

7 U.S.C. § 3407 - Referendum

Text

The Secretary shall conduct a referendum as soon as practicable among end product manufacturers not exempt hereunder who, during a representative period preceding the date of the referendum, as determined by the Secretary, have been engaged in the manufacture of end products, for the purpose of ascertaining whether the issuance of an order is approved or favored by such manufacturers. Qualified end product manufacturers may register with the Secretary by mail to vote in such referendum during a period ending not less than thirty days prior to the date of the referendum. Within ten days thereafter, the Secretary shall determine which end product manufacturers are eligible to vote in such referendum and cause to be published the list of such eligible voters. The Secretary shall issue ballots to all such persons who have so registered and been declared eligible to vote. No order issued pursuant to this chapter shall be effective unless the Secretary determines (1) that votes were cast by at least 50 per centum of such registered end product manufacturers, and (2) that the issuance of such order is approved or favored by not less than two-thirds of the end product manufacturers voting in such referendum or by a majority of the end product manufacturers voting in such referendum if such majority manufactured end products containing not less than two-thirds of the total processed wheat contained in all end products manufactured by those voting in the referendum, during the representative period defined by the Secretary: Provided, That at the time of the registration provided under this section each end product manufacturer so registering shall certify to the Secretary the amount of processed wheat contained in the end products manufactured by such end product manufacturer during such representative period. The Secretary shall be reimbursed from assessments collected by the Council for any expenses incurred for the conduct of the referendum. Eligible voter lists and ballots cast in the referendum shall be retained by the Secretary for a period of not less than twelve months after they are cast for audit and recount in the event the results of the referendum are challenged and either the Secretary or the courts determine a recount and retabulation of results is appropriate.

(Pub. L. 95–113, title XVII, § 1708, Sept. 29, 1977, 91 Stat. 1036.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.