6. A referendum is conducted among the producers af- 

 fected to determine whether or not they favor the 

 proposed marketing order. The referendum is con- 

 ducted by the Department and ballots are held 

 confidential. A summary of the proposed order is 

 included in the referendum ballot. At the same 

 time, copies of the marketing agreement are sub- 

 mitted to handlers for their signatures. 



B. Conditions Under Which a Marketing Order Can Be 

 Issued . 



A marketing order for any eligible agricultural com- 

 modity can be issued only under the following circum- 

 stances: 



1. At least two-thirds of the growers voting, in a 

 referendum, by number or by volume of production, 

 must approve it. 



2. The handlers of not less than 50 percent, by volume, 

 of the commodity covered by the marketing agree- 

 ment must sign the agreement. (In the case of Cali- 

 fornia-Arizona citrus programs, the handlers of not 

 less than 80 percent of the crop must sign the agree- 

 ment.) 



3. If the handlers sign the agreement and producers 

 approve the order, the Secretary may issue an order 

 making the terms of the program effective upon the 

 entire industry. 



4. If handlers fail or refuse to sign the agreement, the 

 Secretary may still issue an order (except in the 

 case of apples, cherries, cranberries, and grape- 

 fruit for canning or freezing) if he finds and deter- 

 mines that it is the only practical means of advancing 

 the interests of producers, and that the failure of 

 handlers to sign the agreement tends to prevent the 

 declared policy of the Act from being carried out. 

 Processors of at least 50 percent of the volume of 

 apples, cherries, cranberries, or grapefruit, canned 

 or frozen, must approve the issuance of an order 

 covering one of these fruits for canning or freezing. 



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