---
kind: "section"
citation: "7 U.S.C. § 3407"
title: "7"
title_heading: "Agriculture"
number: "3407"
heading: "Referendum"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/3407"
units:
  - "Chapter 65 — Wheat and Wheat Foods Research and Nutrition Education"
---

# §3407. Referendum


The [Secretary](/usc/7/3402.md?p=k) shall conduct a referendum as soon as practicable among [end product manufacturers](/usc/7/3402.md?p=f) not exempt hereunder who, during a representative period preceding the date of the referendum, as determined by the [Secretary](/usc/7/3402.md?p=k), have been engaged in the manufacture of [end products](/usc/7/3402.md?p=c), for the purpose of ascertaining whether the issuance of an order is approved or favored by such manufacturers. Qualified [end product manufacturers](/usc/7/3402.md?p=f) may register with the [Secretary](/usc/7/3402.md?p=k) by mail to vote in such referendum during a period ending not less than thirty days prior to the date of the referendum. Within ten days thereafter, the [Secretary](/usc/7/3402.md?p=k) shall determine which [end product manufacturers](/usc/7/3402.md?p=f) are eligible to vote in such referendum and cause to be published the list of such eligible voters. The [Secretary](/usc/7/3402.md?p=k) shall issue ballots to all such [persons](/usc/7/3402.md?p=l) who have so registered and been declared eligible to vote. No order issued pursuant to this chapter shall be effective unless the [Secretary](/usc/7/3402.md?p=k) determines (1) that votes were cast by at least 50 per centum of such registered [end product manufacturers](/usc/7/3402.md?p=f), and (2) that the issuance of such order is approved or favored by not less than two-thirds of the [end product manufacturers](/usc/7/3402.md?p=f) voting in such referendum or by a majority of the [end product manufacturers](/usc/7/3402.md?p=f) voting in such referendum if such majority manufactured [end products](/usc/7/3402.md?p=c) containing not less than two-thirds of the total [processed wheat](/usc/7/3402.md?p=b) contained in all [end products](/usc/7/3402.md?p=c) manufactured by those voting in the referendum, during the representative period defined by the [Secretary](/usc/7/3402.md?p=k): Provided, That at the time of the registration provided under this section each [end product manufacturer](/usc/7/3402.md?p=f) so registering shall certify to the [Secretary](/usc/7/3402.md?p=k) the amount of [processed wheat](/usc/7/3402.md?p=b) contained in the [end products](/usc/7/3402.md?p=c) manufactured by such [end product manufacturer](/usc/7/3402.md?p=f) during such representative period. The [Secretary](/usc/7/3402.md?p=k) shall be reimbursed from assessments collected by the [Council](/usc/7/3402.md?p=i) for any expenses incurred for the conduct of the referendum. Eligible voter lists and ballots cast in the referendum shall be retained by the [Secretary](/usc/7/3402.md?p=k) for a period of not less than twelve months after they are cast for audit and recount in the event the results of the referendum are challenged and either the [Secretary](/usc/7/3402.md?p=k) or the courts determine a recount and retabulation of results is appropriate.


## Source credit

(Pub. L. 95–113, title XVII, § 1708, Sept. 29, 1977, 91 Stat. 1036.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.