Page:United States Statutes at Large Volume 104 Part 5.djvu/603

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3925 (c) COSTS OF REFERENDUM.—The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this subtitle. (d) MANNER.— (1) IN GENERAL.— Referenda conducted pursuant to this subtitle shall be conducted in a manner determined by the Secretary. (2) ADVANCE REGISTRATION.—A fluid milk processor who chooses to vote in any referendum conducted under this subtitle shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4). (3) VOTING.— A fluid milk processor who votes in any referendum conducted under this subtitle shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential. (4) NOTICE. —The Secretary shall notify all processors at least 30 days prior to a referendum conducted under this subtitle. The notice shall explain the procedure established under this subsection. SEC. 19990. SUSPENSION OR TERMINATION OF ORDERS. 7 USC 6414. (a) TERMINATION OF ORDER. —Any order effective under this subtitle shall be terminated December 31, 1996. The Secretary shall— (1) terminate the collection of assessments under the order upon such date; and (2) terminate activities under the order in an orderly manner as soon as practicable after such date. G)) SUSPENSION OR TERMINATION BY SECRETARY.— The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this subtitle, terminate or suspend the operation of the order or provision. (c) OTHER REFERENDA. — (1) IN GENERAL.—The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by all processors. (2) SUSPENSION OR TERMINATION. — If the Secretary determines that the suspension or termination is favored— (A) by at least 50 percent of fluid milk processors voting in the referendum; and (B) by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by all processors; the Secretary shall, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.