3 



1 "(b)(1) Whenever the Egg Board determines, based 



2 on scientific studies, marketing analysis, or other similar 



3 competent evidence, that an increase in assessment rate 



4 is needed to ensure that assessments under the order are 



5 set at an appropriate level to effectuate the declared policy 



6 of this Act, the Egg Board may request that the Secretary 



7 conduct a referendum, as provided in paragraph (2). 



8 "(2) When requested by the Egg Board under para- 



9 graph (1) or (3), the Secretary shall conduct a referendum 



10 among egg producers not exempt hereunder who, during 



11 a representative period determined by the Secretary, have 



12 been engaged in the production of commercial eggs, for 



13 the purpose of ascertaining whether such producers ap- 



14 prove the change in the assessment rate proposed by the 



15 Egg Board. The change in the assessment rate shall take 



16 effect if approved or favored by not less than two-thirds 



17 of the producers voting in such referendum, or by a major- 



1 8 ity of the producers voting in such referendum if such ma- 



19 jority produced not less than two-thirds of all the commer- 



20 cial eggs produced by those voting during a representative 



21 period defined by the Secretary. 



22 "(3) With respect to the order in effect on the date 



23 of the enactment of this subsection, the Egg Board shall 



24 undertake to determine under paragraph (1), as soon as 



25 practicable after such date of enactment, whether to re- 



HR 1637 IH 



