---
kind: "section"
citation: "7 U.S.C. § 7485"
title: "7"
title_heading: "Agriculture"
number: "7485"
heading: "Referenda"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7485"
units:
  - "Chapter 101 — Agricultural Promotion"
  - "Subchapter V — Popcorn"
---

# §7485. Referenda

- (a) **Initial referendum—**
  - (1) **In general—** Within the 60-day period immediately preceding the effective date of an [order](/usc/7/7482.md?p=7), as provided in [section 7483(b)(3) of this title](/usc/7/7483.md?p=b-3), the [Secretary](/usc/7/7482.md?p=14) shall conduct a referendum among [processors](/usc/7/7482.md?p=11) who, during a representative period as determined by the [Secretary](/usc/7/7482.md?p=14), have been engaged in processing, for the purpose of ascertaining whether the [order](/usc/7/7482.md?p=7) shall go into effect.
  - (2) **Approval of order—** The [order](/usc/7/7482.md?p=7) shall become effective, as provided in [section 7483(b) of this title](/usc/7/7483.md?p=b), only if the [Secretary](/usc/7/7482.md?p=14) determines that the [order](/usc/7/7482.md?p=7) has been approved by not less than a majority of the [processors](/usc/7/7482.md?p=11) voting in the referendum and if the majority processed more than 50 percent of the [popcorn](/usc/7/7482.md?p=9) certified as having been processed, during the representative period, by the [processors](/usc/7/7482.md?p=11) voting.
- (b) **Additional referenda—**
  - (1) **In general—** Not earlier than 3 years after the effective date of an [order](/usc/7/7482.md?p=7) approved under [subsection (a)](#a), on the request of the [Board](/usc/7/7482.md?p=1) or a representative group of [processors](/usc/7/7482.md?p=11), as described in [paragraph (2)](#b-2), the [Secretary](/usc/7/7482.md?p=14) may conduct additional referenda to determine whether [processors](/usc/7/7482.md?p=11) favor the suspension or termination of the [order](/usc/7/7482.md?p=7).
  - (2) **Representative group of processors—** An additional referendum on an [order](/usc/7/7482.md?p=7) shall be conducted if the referendum is requested by 30 percent or more of the number of [processors](/usc/7/7482.md?p=11) who, during a representative period as determined by the [Secretary](/usc/7/7482.md?p=14), have been engaged in processing.
  - (3) **Disapproval of order—** If the [Secretary](/usc/7/7482.md?p=14) determines, in a referendum conducted under [paragraph (1)](#b-1), that suspension or termination of the [order](/usc/7/7482.md?p=7) is favored by at least ⅔ of the [processors](/usc/7/7482.md?p=11) voting in the referendum, the [Secretary](/usc/7/7482.md?p=14) shall—
    - (A) suspend or terminate, as appropriate, collection of assessments under the [order](/usc/7/7482.md?p=7) not later than 180 days after the date of determination; and
    - (B) suspend or terminate the [order](/usc/7/7482.md?p=7), as appropriate, in an orderly manner as soon as practicable after the date of determination.
- (c) **Costs of referendum—** The [Secretary](/usc/7/7482.md?p=14) shall be reimbursed from assessments collected by the [Board](/usc/7/7482.md?p=1) for any expenses incurred by the [Secretary](/usc/7/7482.md?p=14) in connection with the conduct of any referendum under this section.
- (d) **Method of conducting referendum—** Subject to this section, a referendum conducted under this section shall be conducted in such manner as is determined by the [Secretary](/usc/7/7482.md?p=14).
- (e) **Confidentiality of ballots and other information—**
  - (1) **In general—** The ballots and other information or reports that reveal or tend to reveal the vote of any [processor](/usc/7/7482.md?p=11), or any business operation of a [processor](/usc/7/7482.md?p=11), shall be considered to be strictly confidential and shall not be disclosed.
  - (2) **Penalty for violations—** An officer or employee of the [Department](/usc/7/7482.md?p=4) who knowingly violates [paragraph (1)](#e-1) shall be subject to the penalties described in [section 7484(i)(3)(C)(ii) of this title](/usc/7/7484.md?p=i-3-C-ii).

## Source credit

(Pub. L. 104–127, title V, § 576, Apr. 4, 1996, 110 Stat. 1081.)