---
kind: "section"
citation: "7 U.S.C. § 2906"
title: "7"
title_heading: "Agriculture"
number: "2906"
heading: "Requirement of referendum"
release: "119-102"
url: "https://uscodex.org/usc/7/2906"
units:
  - "Chapter 62 — Beef Research and Information"
---

# §2906. Requirement of referendum

- (a) **Continuation or termination of order—** For the purpose of determining whether the initial [order](/usc/7/2902.md?p=10) shall be continued, not later than 22 months after the issuance of the [order](/usc/7/2902.md?p=10) (or any earlier date recommended by the [Board](/usc/7/1502.md?p=b-4)), the [Secretary](/usc/7/2902.md?p=16) shall conduct a referendum among [persons](/usc/7/2902.md?p=11) who have been [producers](/usc/7/2902.md?p=12) or [importers](/usc/7/2902.md?p=8) during a representative period, as determined by the [Secretary](/usc/7/2902.md?p=16). The [order](/usc/7/2902.md?p=10) shall be continued only if the [Secretary](/usc/7/2902.md?p=16) determines that it has been approved by not less than a majority of the [producers](/usc/7/2902.md?p=12) voting in the referendum who, during a representative period as determined by the [Secretary](/usc/7/2902.md?p=16), have been engaged in the production of [cattle](/usc/7/2902.md?p=4). If continuation of the [order](/usc/7/2902.md?p=10) is not approved by a majority of those voting in the referendum, the [Secretary](/usc/7/2902.md?p=16) shall terminate collection of assessments under the [order](/usc/7/2902.md?p=10) within six months after the [Secretary](/usc/7/2902.md?p=16) determines that continuation of the [order](/usc/7/2902.md?p=10) is not favored by a majority voting in the referendum and shall terminate the [order](/usc/7/2902.md?p=10) in an orderly manner as soon as practicable after such determination.
- (b) **Additional referendum to determine suspension or termination of order—** After the initial referendum, the [Secretary](/usc/7/2902.md?p=16) may conduct a referendum on the request of a representative group comprising 10 per centum or more of the number of [cattle](/usc/7/2902.md?p=4) [producers](/usc/7/2902.md?p=12) to determine whether [cattle](/usc/7/2902.md?p=4) [producers](/usc/7/2902.md?p=12) favor the termination or suspension of the [order](/usc/7/2902.md?p=10). The [Secretary](/usc/7/2902.md?p=16) shall suspend or terminate collection of assessments under the [order](/usc/7/2902.md?p=10) within six months after the [Secretary](/usc/7/2902.md?p=16) determines that suspension or termination of the [order](/usc/7/2902.md?p=10) is favored by a majority of the [producers](/usc/7/2902.md?p=12) voting in the referendum who, during a representative period as determined by the [Secretary](/usc/7/2902.md?p=16), have been engaged in the production of [cattle](/usc/7/2902.md?p=4) and shall terminate or suspend the [order](/usc/7/2902.md?p=10) in an orderly manner as soon as practicable after such determination.
- (c) **Reimbursement for cost of referendum; time and place of referendum; certification by producers; absentee mail ballot—** The [Department](/usc/7/2902.md?p=7) shall be reimbursed from assessments collected by the [Board](/usc/7/1502.md?p=b-4) for any expenses incurred by the [Department](/usc/7/2902.md?p=7) in connection with conducting any referendum under this section, except for the salaries of Government employees. Any referendum conducted under this section shall be conducted on a date established by the [Secretary](/usc/7/2902.md?p=16), whereby [producers](/usc/7/2902.md?p=12) shall certify that they were engaged in the production of [cattle](/usc/7/2902.md?p=4) during the representative period and, on the same day, shall be provided an opportunity to vote in the referendum. Each referendum shall be conducted at county [extension](/usc/7/5801.md?p=b-5) offices, and there shall be provision for an absentee mail ballot on request.

## Source credit

(Pub. L. 94–294, § 7, May 28, 1976, 90 Stat. 531; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1604.)

## Notes

### Editorial Notes

### Amendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to requirement of referendum for provisions relating to permissive terms and conditions in orders.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1985 Amendment

Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.