[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR928.64]

[Page 230-231]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents
 
                    Subpart_Order Regulating Handing
 
Sec. 928.64  Termination.

    (a) The Secretary may at any time terminate the provisions of this 
order by giving at least one day's notice by means of a press release or 
in any other manner which the Secretary may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this order whenever

[[Page 231]]

the Secretary finds that such provisions do not tend to effectuate the 
declared policy of the Act.
    (c) The Secretary shall terminate the provisions of this order at 
the end of any fiscal year whenever the Secretary finds by a referendum 
or otherwise that continuance is not favored by the majority of 
producers who, during a representative period determined by the 
Secretary, were engaged in the production area in the production of 
papayas for market: Provided, That such majority has produced for market 
during such period more than 50 percent of the volume of papayas 
produced in the production area. Such termination shall be effective 
only if announced on or before December 15 of the then current fiscal 
year.
    (d) Upon recommendation of the committee, received not later than 
October 1 of an even-numbered year, the Secretary shall conduct a 
referendum prior to December 1 of such year to ascertain whether 
continuance of this order is favored by the producers.
    (e) The Secretary shall conduct a continuance referendum every sixth 
fiscal year prior to October 1, with the first such referendum to be 
conducted within six years from the effective date of this amendment of 
this section, to ascertain whether continuance of this order is favored 
by producers. The Secretary may terminate the provisions of this order 
at the end of any fiscal year in which the Secretary has found that 
continuance of this order is not favored by producers, who, during a 
respresentative period determined by the Secretary, have been engaged in 
the production for market of papayas in the production area. Such 
termination of the order shall be effective only if announced on or 
before December 15 of the then current fiscal year.
    (f) The provisions of this order shall, in any event, terminate 
whenever the provisions of the Act authorizing them cease to be in 
effect.

[53 FR 865, Jan. 14, 1988]