Page:United States Statutes at Large Volume 107 Part 3.djvu/347

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PUBLIC LAW 103-190—DEC. 14, 1993 107 STAT. 2285 beginning on the date that is 3 years after the date of the approval, the Secretary— (1) at the discretion of the Secretary, may conduct at any time a referendum of quaUfied handlers required to pay assessments under the order, as provided in section 5(h)(1), subject to the voting requirements of subsection (b), to ascertain whether qualified hsuidlers favor suspension or termination of the order; and (2) if requested by the PromoFlor Council or by a representative group comprisiing 30 percent or more of all quaUfied handlers required to pay assessments under the order, as provided in section 5(h)(1), shall conduct a referendum of all qualified handlers required to pay assessments under the order, as provided in section 5(h)(1), subject to the voting requirements of subsection (b), to ascertain whether qualified nandlers favor suspension or termination of the order. (d) SUSPENSION OR TERMINATION. —If, as a result of the referendum conducted under subsection (a), the Secretary determines that the order has not been approved by a simple majority of all votes cast in the referendum, or as a result of a referendum conducted under subsection (c), the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall— (1) not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and (2) suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner. (e) MANNER OF CONDUCTING REFERENDA.— Referenda under this section shall be conducted in such manner as is determined appropriate by the Secretary. SEC. 8. PETITION AND REVIEW. 7 USC 6807. (a) PETITION AND HEARING. — (1) PETITION. —^A person subject to an order may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) HEARING. —The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary. Any such hearing shall be conducted in accordance with section 10(b)(2) and be held within the United States judicial district in which the residence or principal place of business of the person is located. (3) RULING. —After a hearing under paragraph (2), the Secretary shall make a ruUng on the petition, which shall be final if in accordance with law. (b) REVIEW. — (1) COMMENCEMENT OF ACTION.—The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a compMnt requesting the