---
kind: "section"
citation: "7 U.S.C. § 7446"
title: "7"
title_heading: "Agriculture"
number: "7446"
heading: "Referenda"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7446"
units:
  - "Chapter 101 — Agricultural Promotion"
  - "Subchapter III — Canola and Rapeseed"
---

# §7446. Referenda

- (a) **Initial referendum—**
  - (1) **Requirement—** During the period ending 30 months after the date on which an [order](/usc/7/7412.md?p=9) is first issued under [section 7443(b)(3) of this title](/usc/7/7443.md?p=b-3), the [Secretary](/usc/7/7412.md?p=14) shall conduct a referendum among [producers](/usc/7/7412.md?p=11) who, during a representative period as determined by the [Secretary](/usc/7/7412.md?p=14), have been engaged in the production of [canola](/usc/7/7442.md?p=2) or [rapeseed](/usc/7/7442.md?p=2) for the purpose of ascertaining whether the [order](/usc/7/7412.md?p=9) then in effect shall be continued.
  - (2) **Advance notice—** The [Secretary](/usc/7/7412.md?p=14) shall, to the extent practicable, provide broad public notice in advance of any referendum. The 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/7/7412.md?p=15) and county cooperative extension offices and county Consolidated Farm Service Agency[^1] offices, and by other appropriate means specified in the [order](/usc/7/7412.md?p=9). The notice shall contain [information](/usc/7/7412.md?p=7) on when the referendum will be held, registration and voting requirements, rules regarding absentee voting, and other pertinent [information](/usc/7/7412.md?p=7).
  - (3) **Approval of order—** The [order](/usc/7/7412.md?p=9) shall be continued only if the [Secretary](/usc/7/7412.md?p=14) determines that the [order](/usc/7/7412.md?p=9) has been approved by not less than a majority of the [producers](/usc/7/7412.md?p=11) voting in the referendum.
  - (4) **Disapproval of order—** If continuation of the [order](/usc/7/7412.md?p=9) is not approved by a majority of the [producers](/usc/7/7412.md?p=11) voting in the referendum, the [Secretary](/usc/7/7412.md?p=14) shall [terminate](/usc/7/7412.md?p=17) collection of assessments under the [order](/usc/7/7412.md?p=9) within 180 days after the referendum and shall [terminate](/usc/7/7412.md?p=17) the [order](/usc/7/7412.md?p=9) in an orderly manner as soon as practicable.
- (b) **Additional referenda—**
  - (1) **In general—**
    - (A) **Requirement—** After the initial referendum on an [order](/usc/7/7412.md?p=9), the [Secretary](/usc/7/7412.md?p=14) shall conduct additional referenda, as described in [subparagraph (C)](#b-1-C), if requested by a representative group of [producers](/usc/7/7412.md?p=11), as described in [subparagraph (B)](#b-1-B).
    - (B) **Representative group of producers—** An additional referendum on an [order](/usc/7/7412.md?p=9) shall be conducted if requested by 10 percent or more of the [producers](/usc/7/7412.md?p=11) who, during a representative period as determined by the [Secretary](/usc/7/7412.md?p=14), have been engaged in the production of [canola](/usc/7/7442.md?p=2) or [rapeseed](/usc/7/7442.md?p=2).
    - (C) **Eligible producers—** Each additional referendum shall be conducted among all [producers](/usc/7/7412.md?p=11) who, during a representative period as determined by the [Secretary](/usc/7/7412.md?p=14), have been engaged in the production of [canola](/usc/7/7442.md?p=2) or [rapeseed](/usc/7/7442.md?p=2) to determine whether the [producers](/usc/7/7412.md?p=11) favor the termination or suspension of the [order](/usc/7/7412.md?p=9).
  - (2) **Disapproval of order—** If the [Secretary](/usc/7/7412.md?p=14) determines, in a referendum conducted under [paragraph (1)](#b-1), that suspension or termination of the [order](/usc/7/7412.md?p=9) is favored by a majority of the [producers](/usc/7/7412.md?p=11) voting in the referendum, the [Secretary](/usc/7/7412.md?p=14) shall [suspend](/usc/7/7412.md?p=16) or [terminate](/usc/7/7412.md?p=17), as appropriate, collection of assessments under the [order](/usc/7/7412.md?p=9) within 180 days after the determination, and shall [suspend](/usc/7/7412.md?p=16) or [terminate](/usc/7/7412.md?p=17) the [order](/usc/7/7412.md?p=9), as appropriate, in an orderly manner as soon as practicable after the determination.
  - (3) **Opportunity to request additional referenda—**
    - (A) **In general—** Beginning on the date that is 5 years after the conduct of a referendum under this subchapter, and every 5 years thereafter, the [Secretary](/usc/7/7412.md?p=14) shall provide [canola](/usc/7/7442.md?p=2) and [rapeseed](/usc/7/7442.md?p=2) [producers](/usc/7/7412.md?p=11) an opportunity to request an additional referendum.
    - (B) **Method of making request—**
      - (i) **In-person requests—** To carry out [subparagraph (A)](#b-3-A), the [Secretary](/usc/7/7412.md?p=14) shall establish a procedure under which a [producer](/usc/7/7412.md?p=11) may make a request for a reconfirmation referendum in [person](/usc/7/7412.md?p=10) at a county cooperative extension office or a county Consolidated Farm Service Agency office during a period established by the [Secretary](/usc/7/7412.md?p=14), or as provided in [clause (ii)](#b-3-B-ii).
      - (ii) **Mail-in requests—** In lieu of making a request in [person](/usc/7/7412.md?p=10), a [producer](/usc/7/7412.md?p=11) may make a request by mail. To facilitate the submission of requests by mail, the [Secretary](/usc/7/7412.md?p=14) may make mail-in request forms available to [producers](/usc/7/7412.md?p=11).
    - (C) **Notifications—** The [Secretary](/usc/7/7412.md?p=14) shall publish a notice in the Federal Register, and the [Board](/usc/7/7412.md?p=2) shall provide written notification to [producers](/usc/7/7412.md?p=11), not later than 60 days prior to the end of the period established under [subparagraph (B)(i)](#b-3-B-i) for an in-[person](/usc/7/7412.md?p=10) request, of the opportunity of [producers](/usc/7/7412.md?p=11) to request an additional referendum. The notification shall explain the right of [producers](/usc/7/7412.md?p=11) to an additional referendum, the procedure for a referendum, the purpose of a referendum, and the date and method by which [producers](/usc/7/7412.md?p=11) may act to request an additional referendum under this paragraph. The [Secretary](/usc/7/7412.md?p=14) shall take such other action as the [Secretary](/usc/7/7412.md?p=14) determines is necessary to ensure that [producers](/usc/7/7412.md?p=11) are made aware of the opportunity to request an additional referendum.
    - (D) **Action by Secretary—** As soon as practicable following the submission of a request for an additional referendum, the [Secretary](/usc/7/7412.md?p=14) shall determine whether a sufficient number of [producers](/usc/7/7412.md?p=11) have requested the referendum, and take such steps as are necessary to conduct the referendum, as required under [paragraph (1)](#b-1).
    - (E) **Time limit—** An additional referendum requested under the procedures provided in this paragraph shall be conducted not later than 1 year after the [Secretary](/usc/7/7412.md?p=14) determines that a representative group of [producers](/usc/7/7412.md?p=11), as described in [paragraph (1)(B)](#b-1-B), have requested the conduct of the referendum.
- (c) **Procedures—**
  - (1) **Reimbursement of Secretary—** The [Secretary](/usc/7/7412.md?p=14) shall be reimbursed from assessments collected by the [Board](/usc/7/7412.md?p=2) for any expenses incurred by the [Secretary](/usc/7/7412.md?p=14) in connection with the conduct of an activity required under this section.
  - (2) **Date—** Each referendum shall be conducted for a reasonable period of time not to exceed 3 days, established by the [Secretary](/usc/7/7412.md?p=14), under a procedure under which [producers](/usc/7/7412.md?p=11) intending to vote in the referendum shall certify that the [producers](/usc/7/7412.md?p=11) were engaged in the production of [canola](/usc/7/7442.md?p=2), [rapeseed](/usc/7/7442.md?p=2), or [canola or rapeseed products](/usc/7/7442.md?p=3) during the representative period and, at the same time, shall be provided an opportunity to vote in the referendum.
  - (3) **Place—** Referenda under this section shall be conducted at locations determined by the [Secretary](/usc/7/7412.md?p=14). On request, absentee mail ballots shall be furnished by the [Secretary](/usc/7/7412.md?p=14) in a manner prescribed by the [Secretary](/usc/7/7412.md?p=14).

## Footnotes

[^1]: See Change of Name note below.

## Source credit

(Pub. L. 104–127, title V, § 537, Apr. 4, 1996, 110 Stat. 1058; Pub. L. 110–234, title VII, § 7511(c)(28), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(28), June 18, 2008, 122 Stat. 1664, 2031.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2008—Subsecs. (a)(2), (b)(3)(B)(i). Pub. L. 110–246, § 7511(c)(28), substituted “cooperative extension” for “Cooperative State Research, Education, and Extension Service”.

### Statutory Notes and Related Subsidiaries

### Change of Name

Consolidated Farm Service Agency effectively renamed Farm Service Agency by the amendments made to section 6932 of this title by Pub. L. 115–334, title XII, § 12404(a), Dec. 20, 2018, 132 Stat. 4974.

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by section 7511(c)(28) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.