[Code of Federal Regulations]
[Title 7, Volume 9]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1160.604]

[Page 202-203]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE
 
PART 1160_FLUID MILK PROMOTION PROGRAM--Table of Contents
 
 Subpart_Procedure for Conduct of Referenda in Connection with a Fluid 
                          Milk Promotion Order
 
Sec.  1160.604  Duties of the referendum agent.

    The referendum agent, in addition to any other duties imposed by 
this subpart, shall:

[[Page 203]]

    (a) For the purpose of adjusting the rate of assessment, determine 
and publicly announce prior to the voting period the total volume of 
fluid milk products marketed by all processors of fluid milk in the 
United States during the representative period and the portion of such 
volume that must be represented by those fluid milk processors voting in 
favor of the question included on the ballot if the referendum question 
is to pass.
    (b)(1) Within 12 days after the deadline for registering to vote in 
the referendum, the referendum agent shall make available upon request a 
list of those fluid milk processors that properly registered. Any 
challenge of a processor's eligibility to vote must be received by the 
referendum agent within 17 days of the deadline for voter registration.
    (2) If the voting eligibility of any fluid milk processor is 
challenged within the timeframe specified in Sec.  1160.604(b)(1), the 
referendum agent shall review the challenge and make a final 
determination regarding the processor's eligibility to vote.
    (3) Prior to the time of mailing ballots to fluid milk processors, 
the referendum agent shall prepare a final list of eligible voters and 
make such list available upon request.
    (c) Verify the eligibility of all persons voting in the referendum 
by reviewing all ballots cast to assure that each ballot:
    (1) Was mailed within the prescribed time;
    (2) Contains all certifications required attesting to the 
eligibility of the person to vote, and that the person voting filed with 
the referendum agent prior to the voting period the advance registration 
required pursuant to Sec.  1160.606(a)(1); and
    (3) Was completed with respect to all necessary information 
pertinent to the identification of the person voting so that additional 
verification can be conducted by the referendum agent to substantiate 
the eligibility of each such person to vote.
    (d) Conduct further verification, as necessary, to determine the 
eligibility of each person to vote. Such verification may be completed 
by reviewing readily available sources of information, including the 
following:
    (1) Records of the Department;
    (2) Fluid milk processors' records; and
    (3) Any other reliable sources of information which may be available 
to the referendum agent.
    (e) Further verify ballots to avoid a duplication of votes. The 
following criteria shall serve as a guide:
    (1) Each fluid milk processor that is other than an individual shall 
be regarded as one person for voting purposes;
    (2) No more than one vote may be cast on behalf of any one fluid 
milk processor; and
    (3) In the event that more than one individual claim the right to 
vote and cast a ballot for a fluid milk processor, concurring votes of 
such individuals shall be treated as one vote while any conflicting 
votes shall thereby invalidate all ballots cast by such individuals.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997]