§ 1223.71 Referenda.

(a) Required referendum. For the purpose of ascertaining whether the persons subject to this subpart favor the continuation, suspension, amendment, or termination of this subpart, the Secretary shall conduct a referendum among persons subject to assessments under § 1223.52 who, during a representative period determined by the Secretary, have engaged in the production or importation of pecans: (1) The required referendum shall be conducted not later than 3 years after assessments first begin under the Order; and (2) The Order will be approved in a referendum if a majority of producers and importers vote for approval in the referendum. (b) Subsequent referenda. The Secretary shall conduct subsequent referenda: (1) For the purpose of ascertaining whether producers and importers favor the continuation, suspension, or termination of the Order; (2) Every seven years the Secretary shall hold a referendum to determine whether producers and importers of pecans favor the continuation of the Order. The Order shall continue if it is favored by a majority of producers and importers voting for approval in the referendum who have been engaged in the production or importation of pecans; (3) At the request of the Board established in this subpart; (4) At the request of 10 percent or more of the number of persons eligible to vote in a referendum as set forth under the Order; or (5) At any time as determined by the Secretary.