---
kind: "section"
citation: "7 U.S.C. § 2708"
title: "7"
title_heading: "Agriculture"
number: "2708"
heading: "Referendum among egg producers"
release: "119-102"
url: "https://uscodex.org/usc/7/2708"
units:
  - "Chapter 60 — Egg Research and Consumer Information"
---

# §2708. Referendum among egg producers

- (a) **Producer approval of order—** The [Secretary](/usc/7/2702.md?p=a) shall conduct a referendum among [egg producers](/usc/7/2702.md?p=e) not exempt hereunder who, during a representative period determined by the [Secretary](/usc/7/2702.md?p=a), have been engaged in the production of [commercial eggs](/usc/7/2702.md?p=c), for the purpose of ascertaining whether the issuance of an [order](/usc/7/2902.md?p=10) is approved or favored by such [producers](/usc/7/6802.md?p=4-A-iii-III-bb). No [order](/usc/7/2902.md?p=10) issued pursuant to this chapter shall be effective unless the [Secretary](/usc/7/2702.md?p=a) determines that the issuance of such [order](/usc/7/2902.md?p=10) is approved or favored by not less than two-thirds of the [producers](/usc/7/6802.md?p=4-A-iii-III-bb) voting in such referendum, or by a majority of the [producers](/usc/7/6802.md?p=4-A-iii-III-bb) voting in such referendum if such majority produced not less than two-thirds of the [commercial eggs](/usc/7/2702.md?p=c) produced during a representative period defined by the [Secretary](/usc/7/2702.md?p=a).
- (b) **Request by Egg Board for referendum—**
  - (1) If the Egg [Board](/usc/7/1502.md?p=b-4) determines, based on a scientific study, [marketing](/usc/7/2702.md?p=l) analysis, or other similar competent evidence, that an increase in the assessment rate is needed to ensure that assessments under the [order](/usc/7/2902.md?p=10) are set at an appropriate level to effectuate the policy declared in [section 2701 of this title](/usc/7/2701.md), the Egg [Board](/usc/7/1502.md?p=b-4) may request that the [Secretary](/usc/7/2702.md?p=a) conduct a referendum, as provided in [paragraph (2)](#b-2).
  - (2)
    - (A) If the Egg [Board](/usc/7/1502.md?p=b-4) requests the [Secretary](/usc/7/2702.md?p=a) to conduct a referendum under paragraph [(1)](#b-1) or [(3)](#b-3), the [Secretary](/usc/7/2702.md?p=a) shall conduct a referendum among [egg producers](/usc/7/2702.md?p=e) not exempt from this chapter who, during a representative period determined by the [Secretary](/usc/7/2702.md?p=a), have been engaged in the production of [commercial eggs](/usc/7/2702.md?p=c), for the purpose of ascertaining whether the [producers](/usc/7/6802.md?p=4-A-iii-III-bb) approve the change in the assessment rate proposed by the Egg [Board](/usc/7/1502.md?p=b-4).
    - (B) The change in the assessment rate shall become effective if the change is approved or favored by—
      - (i) not less than two-thirds of the [producers](/usc/7/6802.md?p=4-A-iii-III-bb) voting in the referendum; or
      - (ii) a majority of the [producers](/usc/7/6802.md?p=4-A-iii-III-bb) voting in the referendum, if the majority produced not less than two-thirds of all the [commercial eggs](/usc/7/2702.md?p=c) produced by the [producers](/usc/7/6802.md?p=4-A-iii-III-bb) voting during a representative period defined by the [Secretary](/usc/7/2702.md?p=a).
  - (3)
    - (A) In the case of the [order](/usc/7/2902.md?p=10) in effect on December 14, 1993, the Egg [Board](/usc/7/1502.md?p=b-4) shall determine under [paragraph (1)](#b-1), as soon as practicable after December 14, 1993, whether to request that the [Secretary](/usc/7/2702.md?p=a) conduct a referendum under [paragraph (2)](#b-2).
    - (B) If the Egg [Board](/usc/7/1502.md?p=b-4) makes such a request on the basis of competent evidence, as provided in [paragraph (1)](#b-1), the [Secretary](/usc/7/2702.md?p=a) shall conduct the referendum as soon as practicable, but not later than—
      - (i) 120 days after receipt of the request from the Egg [Board](/usc/7/1502.md?p=b-4); or
      - (ii) if the Director of the Office of Management and Budget determines that the change in the assessment rate is a significant action that requires review by the Director, 170 days after receipt of the request from the Egg [Board](/usc/7/1502.md?p=b-4).
  - (4) Notwithstanding any other provision of this chapter, if an increase in the assessment rate and the [authority](/usc/7/2009aa.md?p=1) for additional increases is approved by [producers](/usc/7/6802.md?p=4-A-iii-III-bb) in a referendum conducted under this subsection, the [Secretary](/usc/7/2702.md?p=a) shall amend the [order](/usc/7/2902.md?p=10) to reflect the vote of the [producers](/usc/7/6802.md?p=4-A-iii-III-bb). The amendment to the [order](/usc/7/2902.md?p=10) shall become effective on the date of issuance of the amendment.
- (c) **Nonapproval of amendments as not invalidating order—** The failure of [egg producers](/usc/7/2702.md?p=e) to approve an amendment to any Egg [Research](/usc/7/2702.md?p=j) and [Promotion](/usc/7/2702.md?p=i) [Order](/usc/7/2902.md?p=10) shall not be deemed to invalidate such [order](/usc/7/2902.md?p=10).

## Source credit

(Pub. L. 93–428, § 9, Oct. 1, 1974, 88 Stat. 1176; Pub. L. 96–276, § 5, June 17, 1980, 94 Stat. 541; Pub. L. 103–188, § 2(b), Dec. 14, 1993, 107 Stat. 2256.)

## Notes

### Editorial Notes

### Amendments

1993—Pub. L. 103–188 designated first and second sentences of existing provisions as subsec. (a), added subsec. (b), and designated last sentence of existing provisions as subsec. (c).

1980—Pub. L. 96–276 provided that failure of egg producers to approve an amendment to any Egg Research and Promotion Order shall not be deemed to invalidate the order.