---
kind: "section"
citation: "7 C.F.R. § 1223.71"
title: "7"
number: "1223.71"
heading: "Referenda."
url: "https://uscodex.org/cfr/7/1223.71"
---

# §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](/cfr/7/1223.52.md) 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.**

## Notes

### Authority

Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.

### Source

Source: 86 FR 2898, Jan. 13, 2021, unless otherwise noted.