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7 U.S. Code § 7470. Referenda
(a) Initial referendum
(1) Referendum required
During the 60-day period immediately preceding the proposed effective date of an order issued under section 7463 of this title, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order.
(2) Approval of orderThe order shall become effective, as provided in section 7463 of this title, if the Secretary determines that—
(A)
the order has been approved by a majority of the producers and importers voting in the referendum; and
(B)
the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.