§ 6209. Initial referendum
(a)
Requirement
(b)
Purpose of referendum
The referendum referred to in subsection (a) of this section is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.
(c)
Confidentiality
The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this section, or section
6210 of this title, shall be held strictly confidential and shall not be disclosed.
(d)
Refund of assessments from escrow account
(1)
In general
A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
(2)
Approval of order
If the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a) of this section, the funds in the escrow account shall be released to be used for the purposes of this chapter.
(3)
Disapproval of order
(A)
Proration
If—
(i)
the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and
(ii)
the plan is not approved pursuant to the referendum conducted under subsection (a) of this section;
the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.
(B)
Right to refund
A producer, producer-handler, or importer shall be eligible to receive a refund—