---
kind: "section"
citation: "7 U.S.C. § 6105"
title: "7"
title_heading: "Agriculture"
number: "6105"
heading: "Referenda"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6105"
units:
  - "Chapter 90 — Mushroom Promotion, Research, and Consumer Information"
---

# §6105. Referenda

- (a) **Initial referendum—**
  - (1) **In general—** Within the 60-day period immediately preceding the effective date of an order issued under [section 6103(b) of this title](/usc/7/6103.md?p=b), the [Secretary](/usc/7/6102.md?p=14) shall conduct a referendum among mushroom [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) to ascertain whether the order shall go into effect.
  - (2) **Approval of order—** The order shall become effective, as provided in [section 6103(b) of this title](/usc/7/6103.md?p=b), if the [Secretary](/usc/7/6102.md?p=14) determines that the order has been approved by a majority of the [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) voting in the referendum, which majority, on average, annually produces and imports into the [United States](/usc/7/6102.md?p=15) more than 50 percent of the [mushrooms](/usc/7/6102.md?p=9) annually produced and imported by all those voting in the referendum.
- (b) **Succeeding referenda—**
  - (1) **Determination concerning order—**
    - (A) **In general—** Effective 5 years after the date on which an order becomes effective under [section 6103(b) of this title](/usc/7/6103.md?p=b), the [Secretary](/usc/7/6102.md?p=14) shall conduct a referendum among mushroom [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) to ascertain whether they favor continuation, termination, or suspension of the order.
    - (B) **Request for referendum—** Effective beginning 3 years after the date on which an order becomes effective under [section 6103(b) of this title](/usc/7/6103.md?p=b), the [Secretary](/usc/7/6102.md?p=14), on request of a representative group comprising 30 percent or more of the number of mushroom [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6), may conduct a referendum to ascertain whether [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) favor termination or suspension of the order.
  - (2) **Suspension or termination—** If, as a result of any referendum conducted under [paragraph (1)](#b-1), the [Secretary](/usc/7/6102.md?p=14) determines that suspension or termination of an order is favored by a majority of the [producers](/usc/7/6102.md?p=11) and [importers](/usc/7/6102.md?p=6) voting in the referendum, which majority, on average, annually produces and imports into the [United States](/usc/7/6102.md?p=15) more than 50 percent of the [mushrooms](/usc/7/6102.md?p=9) annually produced and imported by all those voting in the referendum, the [Secretary](/usc/7/6102.md?p=14) shall—
    - (A) within 6 months after making such determination, suspend or terminate, as appropriate, collection of assessments under the order; and
    - (B) suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
- (c) **Manner—** Referenda conducted pursuant to this section shall be conducted in such a manner as is determined by the [Secretary](/usc/7/6102.md?p=14).

## Source credit

(Pub. L. 101–624, title XIX, § 1926, Nov. 28, 1990, 104 Stat. 3861.)