§ 4812. Suspension and termination of orders

• (a) If after the initial referendum provided for in section 4811(a) of this title the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.
• (b)
  • (1)
    • (A) Except as provided in paragraph (2), after the initial referendum provided for in section 4811(a) of this title , on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum to determine whether the producers and importers favor the termination or suspension of the order.
    • (B) The Secretary shall—
      • (i) suspend or terminate collection of assessments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and
      • (ii) terminate the order in an orderly manner as soon as practicable after the date of such determination.
  • (2) Except with respect to a referendum required to be conducted under section 4811 of this title , the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this chapter in a 2-year period.
• (c) The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter.