---
kind: "section"
citation: "7 U.S.C. § 6305"
title: "7"
title_heading: "Agriculture"
number: "6305"
heading: "Referenda"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6305"
units:
  - "Chapter 92 — Soybean Promotion, Research, and Consumer Information"
---

# §6305. Referenda

- (a) **Initial referendum—**
  - (1) **Requirement—** Not earlier than 18 months or later than 36 months following issuance of an [order](/usc/7/6302.md?p=10) under [section 6303 of this title](/usc/7/6303.md), the [Secretary](/usc/7/6302.md?p=16) shall conduct a referendum among [producers](/usc/7/6302.md?p=12) who, during a representative period as determined by the [Secretary](/usc/7/6302.md?p=16), have been engaged in the production of [soybeans](/usc/7/6302.md?p=18) for the purpose of ascertaining whether the [order](/usc/7/6302.md?p=10) then in effect shall be continued.
  - (2) **Advance notice—** The [Secretary](/usc/7/6302.md?p=16) shall, to the extent practicable, provide broad public notice in advance of any referendum. Any such notice shall be provided without advertising expenses by means of newspapers, county newsletters, the electronic media, and press releases, through the use of notices posted in [State](/usc/7/6302.md?p=19) and county Extension Service offices and county Agricultural Stabilization and Conservation Service offices, and by other appropriate means specified in the [order](/usc/7/6302.md?p=10). Such notice shall include information on when the referendum will be held, registration and voting requirements, rules regarding absentee voting, and other pertinent facts.
  - (3) **Approval of order—** Such [order](/usc/7/6302.md?p=10) shall be continued only if the [Secretary](/usc/7/6302.md?p=16) determines that the [order](/usc/7/6302.md?p=10) has been approved by not less than a majority of the [producers](/usc/7/6302.md?p=12) voting in the referendum.
  - (4) **Disapproval of order—** If continuation of the [order](/usc/7/6302.md?p=10) is not approved by a majority of those voting in the referendum, the [Secretary](/usc/7/6302.md?p=16) shall terminate collection of assessments under the [order](/usc/7/6302.md?p=10) within 6 months after the referendum and shall terminate the [order](/usc/7/6302.md?p=10) in an orderly manner as soon as practicable.
- (b) **Additional referenda—**
  - (1) **In general—**
    - (A) **Requirement—** After the initial referendum on an [order](/usc/7/6302.md?p=10), the [Secretary](/usc/7/6302.md?p=16) shall conduct additional referenda, as described in [subparagraph (C)](#b-1-C), if requested by a representative group of [producers](/usc/7/6302.md?p=12), as described in [subparagraph (B)](#b-1-B).
    - (B) **Representative group of producers—** An additional referendum on an [order](/usc/7/6302.md?p=10) shall be conducted if requested by 10 percent or more of the [producers](/usc/7/6302.md?p=12) who during a representative period have been engaged in the production of [soybeans](/usc/7/6302.md?p=18), of which group of requesting [producers](/usc/7/6302.md?p=12) not in excess of one-fifth may be [producers](/usc/7/6302.md?p=12) in any one [State](/usc/7/6302.md?p=19), as determined by the [Secretary](/usc/7/6302.md?p=16).
    - (C) **Eligible producers—** Each additional referendum shall be conducted among all [producers](/usc/7/6302.md?p=12) who, during a representative period, as determined by the [Secretary](/usc/7/6302.md?p=16), have been engaged in the production of [soybeans](/usc/7/6302.md?p=18) to determine whether such [producers](/usc/7/6302.md?p=12) favor the termination or suspension of the [order](/usc/7/6302.md?p=10).
  - (2) **Disapproval of order—** If the [Secretary](/usc/7/6302.md?p=16) determines, in any referendum conducted under [paragraph (1)](#b-1), that suspension or termination of the [order](/usc/7/6302.md?p=10) is favored by a majority of the [producers](/usc/7/6302.md?p=12) voting in the referendum, the [Secretary](/usc/7/6302.md?p=16) shall suspend or terminate, as appropriate, collection of assessments under the [order](/usc/7/6302.md?p=10) within 6 months after such determination and shall suspend or terminate the [order](/usc/7/6302.md?p=10), as appropriate, in an orderly manner as soon as practicable after such determination.
  - (3) **Opportunity to request additional referenda—**
    - (A) **In general—** To facilitate the periodic determination as to whether [producers](/usc/7/6302.md?p=12) favor the conduct of an additional referendum under this subsection, the [Secretary](/usc/7/6302.md?p=16), 5 years after the conduct of a referendum under this chapter and every 5 years thereafter, shall provide soybean [producers](/usc/7/6302.md?p=12) an opportunity to request an additional referendum, as provided in this paragraph.
    - (B) **Method of making request—**
      - (i) **In-person requests—** To carry out [subparagraph (A)](#b-3-A), the [Secretary](/usc/7/6302.md?p=16) shall establish a procedure under which [producers](/usc/7/6302.md?p=12) may request a reconfirmation referendum in [person](/usc/7/6302.md?p=11) at county extension offices or county Agricultural Stabilization and Conservation Service offices during a period established by the [Secretary](/usc/7/6302.md?p=16), or as provided in [clause (ii)](#b-3-B-ii).
      - (ii) **Mail-in requests—** In lieu of making such requests in [person](/usc/7/6302.md?p=11), [producers](/usc/7/6302.md?p=12) may make requests by mail. Mail-in requests shall be postmarked no later than the end of the period established under [clause (i)](#b-3-B-i) for in-[person](/usc/7/6302.md?p=11) requests. To facilitate such submission of requests by mail, the [Secretary](/usc/7/6302.md?p=16) may make mail-in request forms available to [producers](/usc/7/6302.md?p=12).
    - (C) **Notifications—** The [Secretary](/usc/7/6302.md?p=16) shall publish a notice in the Federal Register, and the [Board](/usc/7/6302.md?p=1) shall provide written notification to [producers](/usc/7/6302.md?p=12), not later than 60 days prior to the end of the period established under [subparagraph (B)(i)](#b-3-B-i) for in-[person](/usc/7/6302.md?p=11) requests, of the [producers](/usc/7/6302.md?p=12)’ opportunity to request the additional referendum. Such notifications shall explain the [producers](/usc/7/6302.md?p=12)’ rights to, and the procedure specified in this subsection for, the conduct of an additional referendum, the purpose of the referendum, and the date and method by which [producers](/usc/7/6302.md?p=12) may act to request the additional referenda under this paragraph. The [Secretary](/usc/7/6302.md?p=16) shall take such other actions as the [Secretary](/usc/7/6302.md?p=16) determines are necessary to ensure that [producers](/usc/7/6302.md?p=12) are made aware of the opportunity to request an additional referendum on the [order](/usc/7/6302.md?p=10).
    - (D) **Action by Secretary—** As soon as practicable following the submission of requests for a reconsideration referendum, the [Secretary](/usc/7/6302.md?p=16) shall determine whether a sufficient number of [producers](/usc/7/6302.md?p=12) have requested an additional referendum, and take other steps to conduct an additional referendum, as are required under [paragraph (1)](#b-1).
    - (E) **Time limit—** Any additional referendum requested under the procedures provided in this paragraph shall be conducted not later than 1 year after the [Secretary](/usc/7/6302.md?p=16) determines that a representative group of [producers](/usc/7/6302.md?p=12), as described in [paragraph (1)(B)](#b-1-B), have requested the conduct of such referendum.
- (c) **Procedures—**
  - (1) **Reimbursement of Secretary—** The [Secretary](/usc/7/6302.md?p=16) shall be reimbursed from assessments collected by the [Board](/usc/7/6302.md?p=1) for any expenses incurred by the [Secretary](/usc/7/6302.md?p=16) in connection with the conduct of any activity required under this section, except for the salaries of Government employees associated with the conduct of a referendum under subsections [(a)](#a) and [(b)](#b).
  - (2) **Date—** Each referendum shall be conducted for a reasonable period of time not to exceed 3 days, established by the [Secretary](/usc/7/6302.md?p=16), under a procedure whereby [producers](/usc/7/6302.md?p=12) intending to vote in the referendum shall certify that they were engaged in the production of [soybeans](/usc/7/6302.md?p=18) during the representative period and, at the same time, shall be provided an opportunity to vote in the referendum.
  - (3) **Place—** Referenda shall be conducted at county extension offices and provision shall be made for absentee mail ballots to be provided on request. Absentee mail ballots shall be furnished by the [Secretary](/usc/7/6302.md?p=16) on request made in [person](/usc/7/6302.md?p=11), by mail, or by telephone.

## Source credit

(Pub. L. 101–624, title XIX, § 1970, Nov. 28, 1990, 104 Stat. 3898; Pub. L. 102–237, title VIII, § 806(2), Dec. 13, 1991, 105 Stat. 1883.)

## Notes

### Editorial Notes

### Amendments

1991—Subsec. (b)(3)(A). Pub. L. 102–237 made technical amendment to reference to this chapter to correct reference to corresponding provision of original act.