---
kind: "section"
citation: "7 U.S.C. § 6413"
title: "7"
title_heading: "Agriculture"
number: "6413"
heading: "Requirement of initial referendum"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6413"
units:
  - "Chapter 93 — Processor-Funded Milk Promotion Program"
---

# §6413. Requirement of initial referendum

- (a) **In general—** Within the 60-day period immediately preceding the effective date of an order issued under [section 6405(a) of this title](/usc/7/6405.md?p=a), the [Secretary](/usc/7/6402.md?p=7) shall conduct a referendum among [fluid milk processors](/usc/7/6402.md?p=4) to ascertain whether the order shall go into effect.
- (b) **Implementation—** If, as a result of the referendum conducted under [subsection (a)](#a), the [Secretary](/usc/7/6402.md?p=7) determines that implementation of the order is favored—
  - (1) by at least 50 percent of [fluid milk processors](/usc/7/6402.md?p=4) voting in the referendum; and
  - (2) by [fluid milk processors](/usc/7/6402.md?p=4) voting in the referendum that marketed during the representative period, as determined by the [Secretary](/usc/7/6402.md?p=7), 60 percent or more of the volume of [fluid milk products](/usc/7/6402.md?p=3) marketed by [fluid milk processors](/usc/7/6402.md?p=4) voting in the referendum;

  the order shall become effective as provided in [section 6405(b) of this title](/usc/7/6405.md?p=b).

- (c) **Costs of referendum—** The [Secretary](/usc/7/6402.md?p=7) shall be reimbursed from any assessments collected by the [Board](/usc/7/6402.md?p=2) for any expenses incurred by the [Department](/usc/7/6402.md?p=5) in connection with the conduct of any referendum under this chapter.
- (d) **Manner—**
  - (1) **In general—** Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the [Secretary](/usc/7/6402.md?p=7).
  - (2) **Advance registration—** A [fluid milk processor](/usc/7/6402.md?p=4) who chooses to vote in any referendum conducted under this chapter shall register with the [Secretary](/usc/7/6402.md?p=7) prior to the voting period, after receiving notice from the [Secretary](/usc/7/6402.md?p=7) concerning the referendum under [paragraph (4)](#d-4).
  - (3) **Voting—** A [fluid milk processor](/usc/7/6402.md?p=4) who votes in any referendum conducted under this chapter shall vote in accordance with procedures established by the [Secretary](/usc/7/6402.md?p=7). The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential.
  - (4) **Notice—** The [Secretary](/usc/7/6402.md?p=7) shall notify all processors at least 30 days prior to a referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.

## Source credit

(Pub. L. 101–624, title XIX, § 1999N, Nov. 28, 1990, 104 Stat. 3924; Pub. L. 104–127, title I, § 146(d)(1), Apr. 4, 1996, 110 Stat. 919.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (b)(2). Pub. L. 104–127 substituted “fluid milk processors voting in the referendum;” for “all processors;”.