[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Proposed Rules]
[Pages 20862-20880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9541]



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Part III





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Part 1230



Pork Promotion, Research, and Consumer Information Program: Procedures 
for the Conduct of Referendum; Proposed Rule

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / 
Proposed Rules

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[No. LS-99-14]


Pork Promotion, Research, and Consumer Information Program: 
Procedures for the Conduct of Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule and notice and request for comments.

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SUMMARY: This proposed rule sets forth the procedures for conducting a 
referendum to determine if producers and importers favor continuation 
of the Pork Checkoff, formally known as the Pork Promotion, Research, 
and Consumer Information Order (Order). The Pork Checkoff was 
implemented September 5, 1986, as authorized by the Pork Promotion, 
Research, and Consumer Information Act of 1985 (Act). The Secretary of 
Agriculture (Secretary) will conduct a referendum among persons who 
have been producers and importers during a representative period, as 
determined by the Secretary, to determine whether the producers and 
importers favor the continuation of the Pork Checkoff. The referendum 
would be conducted on dates to be determined by the Secretary. The Pork 
Checkoff would be terminated if a majority of producers and importers 
voting in the referendum favor termination.

DATES: Written comments on this proposed rule must be received by May 
18, 2000. Comments on the information collection requirements of this 
proposed rule must be received by June 19, 2000.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief; 
Marketing Programs Branch, Room 2627-S; Livestock and Seed Program; 
Agricultural Marketing Service (AMS), USDA; STOP-0251; 1400 
Independence Avenue, SW.; Washington, D.C. 20250-0251. Comments may 
also be sent by e-mail to <a href="/cdn-cgi/l/email-protection#99cbf8f5e9f1b7cdf8e9e9d9eceafdf8b7fef6ef"><span class="__cf_email__" data-cfemail="44162528342c6a1025343404313720256a232b32">[email protected]</span></a> or by fax to 202/720-
1125. State that your comments refer to Docket No. LS-99-14. Comments 
received may be inspected at this location between 8:00 a.m. and 4:30 
p.m., Monday through Friday, except holidays, or on the internet at 
www.ams.usda.gov/lsg/mpb/rp-pork.htm.
    Pursuant to the Paperwork Reduction Act of 1995 (PRA), also send 
comments regarding the merits of the burden estimate, ways to minimize 
the burden, including through the use of automated collection 
techniques or other forms of information technology, or any other 
aspect of this collection of information to the above address. Comments 
concerning the information collection requirements contained in this 
proposed rule should also be sent to the Desk Officer for Agriculture, 
Offices of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch on 202/720-1115, fax 202/720-1125, or by e-mail 
<a href="/cdn-cgi/l/email-protection#2d7f4c415d4503794c5d5d6d585e494c034a425b"><span class="__cf_email__" data-cfemail="7725161b071f5923160707370204131659101801">[email protected]</span></a>.
    Producers can determine the location of county Farm Service Agency 
(FSA) offices by contacting (1) the nearest county FSA office, (2) the 
State FSA office, or (3) through an online search of the FSA website at 
www.fsa.usda.gov/pas/search.htm. From the options available on this 
webpage select ``FSA Field Office Search,'' select ``St Abbrv,'' and 
enter the county name in the ``Cnty code'' block. Some county FSA 
offices service multiple counties.

SUPPLEMENTARY INFORMATION: This proposed rule is authorized under Act 
(7 U.S.C. 4801-4819).

Question and Answer Overview

Why Are Rules Being Proposed for a Referendum on the Pork Checkoff 
Program?

    Later this year, the Department of Agriculture (Department) will 
conduct a referendum to determine whether producers and importers favor 
continuation of the pork checkoff program. We want to make sure that 
our voting procedures and ballots are easily understood and fair. By 
sharing our proposed procedures and ballots in this document, we can 
get your feedback on how to make this voting process the best possible.

How Long Do I Have To Comment on the Proposed Rule?

    You have 30 days to comment on this proposal. That means your 
written comments must be received by May 18, 2000. You can mail, fax, 
or e-mail your comments. Additionally, you have 60 days to provide 
written comments to OMB on the paperwork burden associated with this 
proposal. Those comments must be received by June 19, 2000.

Who Is Eligible To Vote in the Referendum?

    People and businesses who pay the pork checkoff are eligible to 
vote. This means that there are three types of eligible voters: (1) 
persons who produce and sell hogs and pigs in the United States in 
their own name; (2) persons who import hogs, pigs, or pork products 
into the United States in their own name; and (3) persons who are 
designated to cast the single vote for a business that produces and 
sells, or imports hogs, pigs, or pork products into the United States. 
In all cases, to be eligible, the person or business would have had to 
sell hogs, pigs or pork products sometime during the year preceding the 
referendum voting period.
    Persons ineligible to vote include persons who do not pay the pork 
checkoff such as contract growers as well as persons who left hog 
farming more than 1 year before the referendum.

When Will the Referendum Be Held?

    As soon as we analyze comments on this proposal and make necessary 
refinements to these voting procedures, a final rule will be published 
in the Federal Register. The final rule will designate two consecutive 
business days during which producers may vote in-person at the FSA 
county offices as well as the procedures and dates for casting an 
absentee ballot. Importers will vote only by mail during the period 
provided for producer balloting.

Where Do I Vote if I'm a U.S. Producer?

    In-person voting will take place at the Department's FSA county 
offices. If you currently participate in FSA programs, you should vote 
at the FSA county office where you normally do business. If you do not 
participate in FSA programs, go to the FSA office in the county where 
you raise hogs and pigs (or if you raise hogs and pigs in more than one 
county, the FSA county office where most of your business is 
conducted). All FSA office locations can be found on the FSA website at 
www.fsa.usda.gov/pas/search.htm.

Can I Vote by Absentee Ballot?

    Yes. We recognize that producers are very busy so absentee 
balloting will be allowed. Eligible voters may request an absentee 
ballot from the appropriate county FSA office. Absentee ballots will be 
available beginning 30 days before the in-person voting. Producers can 
stop by FSA county offices at their convenience to pick up a ballot or 
request one by mail. To count, absentee ballots must be postmarked by 
the last day of the voting period and be received no later than five 
business days following the voting period.

Where Do I vote if I'm an Importer?

    Voting will take place by mail. Importers can request a ballot from 
the

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FSA headquarters office in Washington, D.C., at the address listed in 
this proposed rule.

How Will the Department Make Certain That Only Eligible Persons Vote in 
the Referendum?

    FSA county offices will publicly display a list of all people who 
have voted at that office, by absentee ballot as well as in-person. 
This will allow scrutiny by everyone. If a producer believes that an 
ineligible person has voted, he or she can challenge that person's 
ballot. Once a challenge is made, the Department will investigate and 
determine whether a voting violation has occurred. The Department will 
require importers to submit proof that they paid the pork assessment 
when they request their ballots.

Regulatory Impact Analysis

Executive Orders 12866 and 12998 and the Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866 and therefore has not been reviewed 
by OMB.
    This proposed rule has been reviewed under Executive Order 12998, 
Civil Justice Reform. It is not intended to have a retroactive effect. 
The Act states that the statute is intended to occupy the field of 
promotion and consumer education involving pork and pork products and 
of obtaining funds thereof from pork producers and that regulation of 
such activity (other than a regulation or requirement relating to a 
matter of public health or the provision of State or local funds for 
such activity) that is in addition to or different from the Act may not 
be imposed by a State.
    The Act provides that any person subject to the Order may file with 
the Secretary a petition stating that the Order, any provision of the 
Order, or any obligation imposed in connection with the Order is not in 
accordance with the law, and requesting a modification of the Order or 
an exemption from certain provisions or obligations of the Order. The 
petitioner will have the opportunity for a hearing on the petition. 
Thereafter the Secretary will issue a decision on the petition. The Act 
provides that the district court of the United States in any district 
in which the petitioner resides or carries on business has jurisdiction 
to review a ruling on the petition, if the petitioner files a complaint 
for that purpose not later than 20 days after the date of the entry of 
the Secretary's decision.
    The petitioner must exhaust his or her administrative remedies 
before he or she can initiate any such proceedings in the district 
court.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 United States Code (U.S.C.) 601 et seq.), the 
Administrator of AMS has considered the economic impact of this 
proposed action on small entities.
    According to the December 29, 1999, issue of the ``Hogs and Pigs'' 
report published by the National Agricultural Statistics Service 
(NASS), the number of farms with hogs and pigs was 98,460. According to 
the U.S. Customs Service, in 1999 there were 524 importers of hogs, 
pigs, pork and pork products in the United States. The majority of the 
98,460 hog producers and 524 importers subject to the Order should be 
classified as small entities under the criteria established by the 
Small Business Administration.
    This proposed rule is authorized under the Act and would establish 
procedures for the conduct of a referendum to determine whether 
producers and importers favor continuation of the Pork Checkoff. Such 
procedures would permit all eligible producers and importers who have 
been engaged in the production and sale or importation of hogs, pigs, 
pork, and pork products to vote in the referendum. Participation in the 
referendum is voluntary. Producers may cast their votes either by 
absentee ballots or in-person at county FSA offices. Importers would 
cast their ballots by mail at the FSA headquarters office in 
Washington, D.C.
    The information collection requirements, as discussed below, would 
be minimal. Casting votes by mail or in-person would not impose a 
significant economic burden on participants. Accordingly, the 
Administrator of AMS has determined that this proposed rule will not 
have a significant economic impact on a substantial number of small 
business entities.

Paperwork Reduction Act

    This proposed rule contains reporting requirements that are subject 
to public comment and review by OMB under PRA (44 U.S.C. Chapter 35). 
In accordance with 5 CFR Part 1320, we include the description of the 
reporting requirements and an estimate of the annual burden on 
producers and importers required to report information under this 
proposed rule. The information collection requirements in this proposed 
rule are being submitted for OMB approval.
    Title: Pork Promotion, Research, and Consumer Information Program: 
Procedures for the Conduct of Referendum
    OMB Number: 0581-New collection.
    Expiration Date of Approval: 3 years from date of approval.
    Type of Request: Approval of new information collection.
    Abstract: The purpose of this proposed rule is to determine whether 
pork producers and importers favor continuation of the Pork Promotion, 
Research, and Consumer Information Program. The question on the ballot 
will be: ``Do you favor the continuation of the Pork Checkoff which 
funds the Pork Promotion, Research, and Consumer Information Program? 
Yes or No.'' For producers, provisions are made for in-person voting, 
absentee voting, registration lists and the challenge of voters. For 
importers, provision is made for voting by mail only. Importers would 
submit a copy of the U.S. Customs Service Form 7501 (as proof of 
eligibility) along with their request for a mail ballot.
    AMS estimates that the cost per person to comply with the reporting 
provision of this proposed rule is $20 per hour for a total cost of 
$207,400. This is based on an estimated 50,000 voters participating in 
the referendum.
    In this proposed rule, information collection requirements include 
a one-time submission of the required information on the following 
forms which are included in an Appendix at the end of this action.
    (a) Producers voting in-person would:
    (1) Sign the In-Person Voter Registration List (Form LS-75).
    (2) Complete a Ballot Form (Form LS-72).
    (3) Insert the ballot into the ``PORK BALLOT'' envelope (Form LS-
72-1).
    (4) Complete the Certification and Registration Form that is 
printed on the ``PORK REFERENDUM'' envelope (Form LS-72-2), and insert 
the ``PORK BALLOT'' envelope (Form LS-72-1), with the enclosed ballot, 
in the ``PORK REFERENDUM'' envelope (Form LS-72-2).
    (b) Producers voting absentee would:
    (1) Complete, a combined registration and absentee ballot form 
(Form LS-73).
    (2) Insert the ballot portion in a ``PORK BALLOT'' envelope (Form 
LS-72-1).
    (3) Put the sealed ``PORK BALLOT'' (Form LS-72-1) envelope and the 
registration form in the ``PORK REFERENDUM'' envelope (Form LS-73-1).
    (c) Importers voting in the referendum would have their names 
placed on a Importer Ball Request List (Form LS-77) by FSA employees. 
They would vote using a mail ballot package consisting of

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an Importer Ballot, Registration, Certification (Form LS-76), a ``Pork 
Ballot'' envelope (Form LS-72-1), and a ``Pork Referendum'' envelope 
(Form LS-72-2). They would complete the ballot and registration form 
and place the ballot in the ``Pork Ballot'' envelope, and place it in 
the ``Pork Referendum'' envelope along with the registration form.
    (d) The proposed rule requires each producer of hogs and pigs, who 
votes in person to record on the In-Person Voter Registration List 
(Form LS-75) his or her name and the name of the corporation or other 
entity he or she represents. Employees in each county FSA office will 
fill out the Absentee Voter Request List (Form LS-74).
    1. In-Person Voting Ballot: Form LS-72, Pork Ballot Envelope: Form 
LS-72-1, In-Person Registration and Certification Envelope: Form LS-72-
2.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average .10 hour per response.
    Respondents: Only producers voting in-person in the referendum 
would use the forms.
    Estimated Number of Respondents: 25,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 2,500 hours.
    Total Cost: $50,000.
    2. Absentee Registration and Certification and Voting Ballot: Form 
LS-73, Pork Ballot Envelope: Form LS-72-1, Pork Referendum Envelope: 
Form LS-73-1.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average .10 hour per response.
    Respondents: Only producers requesting an absentee ballot to vote 
in the referendum would use the forms.
    Estimated Number of Respondents: 25,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 2,500 hours.
    Total Cost: $50,000.
    3. In-Person Voter Registration List: Form LS-75.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average .02 hour per response.
    Respondents: Only producers voting in-person in the referendum 
would use this form.
    Estimated Number of Respondents: 25,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 500 hours.
    Total Cost: $10,000.
    4. Absentee Voter Request List: Form LS-74.
    Estimate of Burden: Employees in each county FSA office would fill 
out one or more of the Absentee Voter Request Lists (Form LS-74). 
Because only county FSA employees would complete the Absentee Voter 
Request List, the estimated average reporting burden would not apply to 
the producer voting absentee in the referendum.
    5. Challenge of Voters.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average .08 hour per response.
    Respondents: Only producers wishing to challenge a vote of another 
producer would be required to provide such challenge in writing to the 
county FSA office.
    Estimated Number of Respondents: 2,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 320 hours.
    Total Cost: $6,400.
    6. Proof of Eligibility.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 1 hour per response.
    Respondents: Producers responding to a challenge of their 
eligibility to vote would be required to submit to the county FSA 
office records such as sales documents, or other similar documents to 
prove that the person was a producer during the representative period.
    Estimated Number of Respondents: 2,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 2,000 hours.
    Total Cost: $40,000.
    7. Appealing a Challenge of Eligibility.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 1 hour per response.
    Respondents: Producers appealing a determination of their 
ineligibility to vote in the referendum would be required to submit to 
the county FSA office records such as sales documents, or other similar 
documents to prove that the person was a producer during the 
representative period.
    Estimated Number of Respondents: 2,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 2,000 hours.
    Total Cost: $40,000.
    8. Importer Ballot: Form LS-76, Pork Ballot Envelope: Form LS-72-1, 
Pork Referendum Envelope: Form LS-73-1.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average .10 hour per response.
    Respondents: Importers who can only vote by mail ballot in the 
referendum would use the forms.
    Estimated Number of Respondents: 500.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 50 hours.
    Total Cost: $1,000.
    9. Submission of U.S. Customs Service Form 7501 as proof of 
importer eligibility.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 1 hour per response.
    Respondents: Importers voting in the referendum would submit a copy 
of U.S. Customs Service Form 7501 with their request for a mail ballot.
    Estimated Number of Respondents: 500.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on: 500 hours.
    Total Cost: $10,000.
    10. Importer Ballot Request List: Form LS-77.
    Estimate of Burden: Employees in the Washington D.C. FSA 
headquarters office would fill out the Importer Ballot Request List 
(Form LS-77). Because only headquarters FSA employees would complete 
the Importer Ballot Request List, the estimated average reporting 
burden would not apply to importers voting in the referendum.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information would have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology. Comments concerning the 
information collection requirements contained in this action should

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reference the Docket Number LS-99-14, together with the date and page 
number of this issue of the Federal Register. Comments also may be sent 
to Ralph L. Tapp, Chief; Marketing Programs Branch, Room 2627-S; 
Livestock and Seed Program, AMS, USDA; STOP 0251; 1400 Independence 
Avenue, SW.; Washington, D.C. 20250-0251; by fax at 202/720-1125, or by 
e-mail at <a href="/cdn-cgi/l/email-protection#88dae9e4f8e0a6dce9f8f8c8fdfbece9a6efe7fe"><span class="__cf_email__" data-cfemail="84d6e5e8f4ecaad0e5f4f4c4f1f7e0e5aae3ebf2">[email protected]</span></a>. Comments should be sent to the Desk 
Officer for Agriculture, Office of Information and Regulatory Affairs, 
OMB, Washington, D.C. 20503. All comments received will be available 
for public inspection during regular business hours, 8 a.m. to 4:30 
p.m. Eastern Time, Monday through Friday, at the same address. All 
responses to this rule will be summarized and included in the request 
for OMB approval.
    OMB is required to make a decision concerning the collection of 
information contained in this rule between 30 days and 60 days after 
publication. Therefore, a comment to OMB is best assured of being 
considered if OMB receives it within 30 days after publication.

Background

    The Act provides for the establishment of a coordinated program of 
promotion and research designed to strengthen the pork industry's 
position in the marketplace and to maintain and expand domestic and 
foreign markets and uses for pork and pork products. The program is 
financed by a pork checkoff assessment of 0.45 percent of the market 
value of domestic hogs and pigs and an equivalent amount on imported 
hogs and pigs and imported pork and pork products. Pursuant to the Act, 
an Order was made effective September 5, 1986, and the collection of 
assessments began on November 1, 1986.
    The Act provides that at the request of a number of persons equal 
to at least 15 percent of persons who have been producers and importers 
during a representative period as determined by the Secretary, the 
Secretary would conduct a referendum to determine whether the producers 
and importers favor the continuation of the Pork Checkoff. Based on 
statistical data reported by NASS in the December 29, 1998, issue of 
the ``Hogs and Pigs'' report and information from the 1997 Census, 
there were 98,892 producers who sold hogs and pigs in 1998. According 
to data submitted by U.S. Customs Service, in 1998, there were 1,017 
importers of hogs, pigs, pork, and pork products. The total number of 
producers and importers who would be eligible to sign the petition was 
99,909. Fifteen percent of 99,909 equals 14,986. Therefore, AMS 
determined that a petition containing 14,986 valid signatures was 
sufficient to request a referendum.
    On May 24, 1999, a petition containing 19,043 names was submitted 
to AMS. AMS conducted a signature validation process to ensure that the 
petitioners were pork producers or importers during the representative 
period, January 1, 1997, to June 1, 1999, and signed the petition. 
However, the Department concluded that the validation process is 
vulnerable to criticism in a number of respects and that the Department 
cannot be certain of the exact number of valid signatures. Because many 
thousands of valid signatures were received, however, the Secretary has 
determined to hold a referendum at the Department's expense in the 
interest of fairness. Since the initial referendum in 1988, pork 
producers and importers have not had the opportunity to vote on the 
continuation of the pork checkoff program.
    The purpose of the proposed rule is to determine whether pork 
producers and importers favor continuation of the Pork Promotion, 
Research, and Consumer Information Order. Therefore, the question on 
the ballot will be: ``Do you favor the continuation of the Pork 
Checkoff program which funds the Pork Promotion, Research, and Consumer 
Information Order? Yes or No.'' Support of the program by a majority of 
persons who pay assessments is essential to both the establishment and 
the continuation of this program. Assessment collection under the Order 
would be terminated not later than 30 days after the date it is 
determined that termination of the Order is favored by a majority of 
the producers and importers voting in the referendum. The Order would 
be terminated in an orderly manner as soon as practical after the date 
of such determination.
    The initial referendum was conducted in 1988, and this is the first 
referendum conducted since the initial one.
    The proposed rule sets forth procedures to be followed in 
conducting the referendum under the Act, including definitions, 
representative period, supervision of the referendum, mail ballots, 
challenge of voters and appeals, in-person voting procedures, absentee 
voting procedures, importer voting procedures, reporting referendum 
results, and disposition of the ballots and records. FSA will assist in 
the conduct of the referendum by (1) providing the polling places; (2) 
counting ballots; (3) determining the eligibility of challenged voters; 
and (4) reporting referendum results.
    Interested persons are invited to comment on this proposed rule. A 
30-day comment period is provided to submit comments on this proposal. 
This comment period is deemed appropriate in order to conduct a 
referendum as soon as possible.

List of Subjects in 7 CFR Part 1230

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Pork and pork products, Reporting and 
recordkeeping requirements.
    For the reasons set forth in the preamble, it is proposed that 7 
CFR Part 1230 be amended as follows:

PART 1230--PORK PROMOTION, RESEARCH, AND INFORMATION

    1. The authority citation for 7 CFR Part 1230 continues to read as 
follows:

    Authority: 7 U.S.C. 4801-4819.

    2. A new subpart E is added to read as follows:
Subpart E--Procedures for the Conduct of Referendum Definitions
Sec.
1230.601  Act.
1230.602  Administrator, AMS.
1230.603  Administrator, FSA.
1230.604  Department.
1230.605  Farm Service Agency.
1230.606  Farm Service Agency County Committee.
1230.607  Farm Service Agency County Executive Director.
1230.608  Farm Service Agency State Committee
1230.609  Imported porcine animals, pork, and pork products.
1230.610  Importer.
1230.611  Order.
1230.612  Porcine animal.
1230.613  Person.
1230.614  Pork.
1230.615  Pork product.
1230.616  Producer.
1230.617  Public notice.
1230.618  Referendum.
1230.619  Representative period.
1230.620  Secretary.
1230.621  State.
1230.622  Voting period.

Referendum

1230.623  General.
1230.624  Supervision of referendum.
1230.625  Eligibility.
1230.626  Time and place of registration and voting.
1230.627  Facilities for registering and voting.
1230.628  Registration form and ballot.
1230.629  Registration and voting procedures for producers.
1230.630  Registration and voting procedures for importers.

[[Page 20866]]

1230.631  List of registered voters.
1230.632  Challenge of voters.
1230.633  Receiving ballots.
1230.634  Canvassing ballots.
1230.635  FSA county office report.
1230.636  FSA State office report.
1230.637  Results of the referendum.
1280.638  Disposition of ballots and records.
1230.639  Instructions and forms.

Subpart E--Procedures for the Conduct of Referendum Definitions


Sec. 1230.601  Act.

    The term Act means the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4801-4819) and any amendments 
thereto.


Sec. 1230.602  Administrator, AMS.

    The term Administrator, AMS, means the Administrator of the 
Agricultural Marketing Service, or any officer or employee of the 
Department to whom there has heretofore been delegated or may hereafter 
be delegated the authority to act in the Administrator's stead.


Sec. 1230.603  Administrator, FSA.

    The term Administrator, FSA, means the Administrator, of the Farm 
Service Agency, or any officer or employee of the Department to whom 
there has heretofore been delegated or may hereafter be delegated the 
authority to act in the Administrator's stead.


Sec. 1230.604  Department.

    The term Department means the United States Department of 
Agriculture.


Sec. 1280.605  Farm Service Agency.

    The term Farm Service Agency also referred to as ``FSA'' means the 
Farm Service Agency of the Department.


Sec. 1230.606  Farm Service Agency County Committee.

    The term Farm Service Agency County Committee, also referred to as 
the FSA County Committee or COC, means the group of persons within a 
county elected to act as the Farm Service Agency County Committee.


Sec. 1230.607  Farm Service Agency County Executive Director.

    The term Farm Service Agency County Executive Director also 
referred to as the CED, means the person employed by the FSA County 
Committee to execute the policies of the FSA County Committee and be 
responsible for the day-to-day operations of the FSA county office, or 
the person acting in such capacity.


Sec. 1230.608  Farm Service Agency State Committee.

    The term Farm Service Agency State Committee, also referred to as 
FSA State Committee or STC, means the group of persons within a State 
selected by the Secretary to act as the Farm Service Agency State 
Committee.


Sec. 1230.609  Imported porcine animals, pork, and pork products.

    The term Imported porcine animals, pork, and pork products means 
those animals, pork, or pork products that are imported into the United 
States and subject to assessment under the harmonized tariff schedule 
numbers identified in Sec. 1230.110 of the regulations.


Sec. 1230.610  Importer.

    The term Importer means a person who imports porcine animals, pork, 
or pork products into the United States.


Sec. 1280.611  Order.

    The term Order means the Pork Promotion, Research, and Consumer 
Information Order.


Sec. 1230.612  Porcine animal.

    The term Porcine animal means a swine, that is raised:
    (a) As a feeder pig, that is, a young pig sold to another person to 
be finished over a period of more than 1 month for slaughtering;
    (b) For breeding purposes as seed stock and included in the 
breeding herd; and
    (c) As a market hog, slaughtered by the producer or sold to be 
slaughtered, usually within 1 month of such transfer.


Sec. 1230.613  Person.

    The term Person means any individual, group of individuals, 
partnership, corporation, association, cooperative, or any other legal 
entity.


Sec. 1230.614  Pork.

    The term Pork means the flesh of a porcine animal.


Sec. 1230.615  Pork product.

    The term Pork product means an edible product processed in whole or 
in part from pork.


Sec. 1230.616  Producer.

    The term Producer means a person who produces porcine animals in 
the United States for sale in commerce.


Sec. 1230.617  Public notice.

    The term Public notice means information regarding a referendum 
that would be provided by the Secretary, such as press releases, 
newspapers, electronic media, FSA county newsletters, and the like. 
Such notice would contain the referendum date and location, 
registration and voting requirements, rules regarding absentee voting, 
and other pertinent information.


Sec. 1230.618  Referendum.

    The term Referendum means any referendum to be conducted by the 
Secretary pursuant to the Act whereby persons who have been producers 
and importers during a representative period would be given the 
opportunity to vote to determine whether producers and importers favor 
continuation of the Order.


Sec. 1230.619  Representative period.

    The term Representative period means the 12-consecutive months 
prior to the referendum.


Sec. 1230.620  Secretary.

    The term Secretary means the Secretary of Agriculture of the United 
States or any other officer or employee of the Department to whom there 
has been delegated or to whom authority may hereafter be delegated to 
act in the Secretary's stead.


Sec. 1230.621  State.

    The term State means each of the 50 States.


Sec. 1230.622  Voting period.

    The term Voting period means the 2-consecutive business day period 
for in-person voting.

Referendum


Sec. 1230.623  General.

    (a) A referendum to determine whether eligible pork producers and 
importers favor continuation of the Pork Checkoff would be conducted in 
accordance with this subpart.
    (b) The Pork Checkoff would be terminated only if a majority of 
producers and importers voting in the referendum favor such 
termination.
    (c) The referendum would be conducted at the county FSA offices for 
producers and at FSA headquarters office in Washington, D.C., for 
importers.


Sec. 1230.624  Supervision of referendum.

    The Administrator, AMS would be responsible for conducting the 
referendum in accordance with this subpart.


Sec. 1230.625  Eligibility.

    (a) Eligible producers and importers. Persons eligible to register 
and vote in the referendum include:
    (1) Individual Producers. Each individual who produces hogs or pigs 
for sale in commerce during the representative period and does so in 
his or her own name is entitled to cast one ballot.
    (2) Producers who are a corporation or other entity. Each 
corporation or other

[[Page 20867]]

entity that produces hogs or pigs for sale in commerce during the 
representative period is entitled to cast one ballot. A group of 
individuals, such as members of a family, joint tenants, tenants in 
common, a partnership, owners of community property, or a corporation 
engaged in the production of hogs and pigs would be entitled to only 
one vote; provided, however, that any member of a group may register to 
vote as a producer if he or she sells hogs or pigs in his or her own 
name.
    (3) Importers. Each importer who imports hogs, pigs, pork, or pork 
products during the representative period is entitled to cast one 
ballot. A group of individuals, such as members of a family, joint 
tenant, tenants in common, a partnership, or a corporation engaged in 
the importation of hogs, pigs, pork, or pork products would be entitled 
to only one vote; provided, however, that any member of a group may 
register to vote as a importer if he or she imports hogs, pigs, pork, 
or pork products in his or her own name.
    (b) Proxy registration and voting. Proxy registration and voting is 
not authorized, except that an officer or employee of a corporate 
producer or importer, or any guardian, administrator, executor, or 
trustee of a producer's or importer's estate, or an authorized 
representative of any eligible producer or importer (other than an 
individual producer or importer), such as a corporation or partnership, 
may register and cast a ballot on behalf of that entity. Any individual 
who registers to vote in the referendum on behalf of any eligible 
producer or importer corporation or other entity would certify that he 
or she is authorized to take such action.


Sec. 1230.626  Time and place of registration and voting.

    (a) Producers. The referendum shall be held for 2-consecutive days 
on dates to be determined by the Secretary. Eligible producers shall 
register and vote following the procedures in Sec. 1230.629. Producers 
shall register and vote during the normal business hours of each county 
FSA office or request absentee ballots from the county FSA offices by 
mail or facsimile, or pick up an absentee ballot in person.
    (b) Importers. The referendum shall be conducted by mail ballot by 
the FSA headquarters office in Washington, D.C., during dates to be 
determined by the Secretary. Importer voting shall take place during 
the same time period provided producers for in-person and absentee 
voting in the referendum.


Sec. 1230.627  Facilities for registering and voting.

    (a) Producers. Each county FSA office will provide:
    (1) Adequate facilities and space to permit producers of hogs and 
pigs to register and to mark their ballots in secret,
    (2) A sealed box or other designated receptacle for registration 
forms and ballots that is kept under observation during office hours 
and secured at all times, and
    (3) Copies of the Order for review.
    (b) Absentee Ballots. Each FSA county office shall provide each 
producer an absentee ballot package upon request. Producers can pick up 
an absentee ballot in person or request it by mail or facsimile. The 
FSA county office shall record receipt of the completed absentee ballot 
and place it in a secure ballot box.
    (c) Importers. The FSA headquarters office will:
    (1) Mail ballot packages to eligible importers upon request,
    (2) Have a sealed box or other designated receptacle for 
registration forms and ballots that is kept under observation during 
office hours and secured at all times, and
    (3) Mail copies of the Order to importers if requested.


Sec. 1230.628  Registration form and ballot.

    (a) Producers. (1) A ballot (Form LS-72) and combined registration 
and certification form (Form LS-72-2) will be used for voting in-
person. The information required on the registration form will include 
name, address, and county of voter residence. The form also will 
contain the certification statement referenced in Sec. 1230.629. The 
ballot will require producers to check a ``yes'' or ``no.''
    (2) A combined registration and voting form (Form LS-73) will be 
used for absentee voting. The information required on this combined 
registration and voting form will include name, address, telephone 
number, and county of voter residence. The form will also contain the 
certification statement referenced in Sec. 1230.629. The ballot will 
require producers to check ``yes'' or ``no.''
    (b) Importers. A combined registration and ballot (Form LS-76) will 
be used for importer voting. The information required on the combined 
registration and ballot will include name, address, and telephone 
number. The form will also contain a certification statement referenced 
in Sec. 1230.630. The ballot will require importers to check ``yes'' or 
``no.''


Sec. 1230.629  Registration and voting procedures for producers.

    (a) Registering and voting in-person. (1) Each eligible producer 
who wants to vote whether as an individual or as a representative of a 
corporation or other entity would register during the voting period at 
the county FSA office where FSA maintains and processes the individual 
producer's or corporation or other entities' administrative farm 
records. A producer voting as an individual or as a representative of a 
corporation or other entity not participating in FSA programs, shall 
register and vote in the county FSA office serving the county where the 
individual producer or corporation or other entity owns hogs and pigs. 
An individual or an authorized representative of a corporation or other 
entity who owns hogs and pigs in more than one county would register 
and vote in the FSA county office where the individual or corporation 
or other entity does most of its business. Producers shall be required 
to record on the In-Person Voter Registration List (Form LS-75) their 
names and, if applicable, the name of the corporation or other entity 
they represent before they can receive a registration form and ballot. 
To register, producers shall complete the registration form (Form LS-
72-2) and certify that:
    (i) They or the corporation or other entity they represent were 
producers during the specified representative period; and
    (ii) The person voting on behalf of a corporation or other entity 
referred to in Sec. 1230.613 is authorized to do so;
    (2) Each eligible producer who has not voted by means of an 
absentee ballot may cast a ballot in person at the location and time 
set forth in Sec. 1230.626 and on the dates to be announced by the 
Secretary. Eligible producers who record their name or the corporation 
or other entity they are authorized to represent on the In-Person Voter 
Registration List (Form LS-75) will receive a registration form/
envelope (Form LS-72-2) and a ballot (Form LS-72). Voters will enter 
the information requested on the combined registration and 
certification form/envelope (Form LS-72-2) as indicated above. 
Producers will then mark their ballots to indicate ``yes'' or ``no.'' 
Producers will place their completed ballots in an envelope marked 
``PORK BALLOT'' (Form LS-72-1), seal and place it in the completed and 
signed registration form/envelope marked ``PORK REFERENDUM'' (Form LS-
72-2), seal that envelope and personally place it in a box marked 
``Ballot Box'' or other designed receptacle. Voting will be conducted

[[Page 20868]]

under the supervision of the county FSA CED.
    (b) Absentee voting. (1) Eligible producers who are unable to vote 
in person may request an absentee voting package consisting of a 
combined registration and absentee ballot form (Form LS-73) and two 
envelopes--one marked ``PORK BALLOT'' (Form LS-72-1) and the other 
marked ``PORK REFERENDUM'' (Form LS-73-1) by mail, facsimile, or by 
picking up one in person from the county FSA office where FSA maintains 
and processes the producer's administrative farm records.
    (2) If a producer, whether requesting an absentee ballot as an 
individual or an authorized representative of a corporation or other 
entity does not participate in FSA programs, and therefore does not 
have administrative records at a county FSA office, he or she may 
request an absentee voting package by mail, facsimile, or pick it up 
in-person from the county FSA office serving the county where the 
individual or corporation or other entity owns hogs and pigs. An 
individual or authorized representative of a corporation or other 
entity, who owns hogs or pigs in more than one county can request an 
absentee ballot from the county FSA office where the producer or 
corporation or other entity does most of their business.
    (3) An absentee voting package will be mailed to producers by the 
FSA CED to the address provided by the prospective voter. Only one 
absentee registration form and absentee ballot will be provided to each 
eligible producer. The absentee ballots and registration forms may be 
requested during a specified time period that will be announced by the 
Secretary.
    (4) The county FSA office will enter on the Absentee Voter Request 
List (Form LS-74) the name and address of the individual or corporation 
or other entity requesting an absentee ballot and the date the forms 
were requested.
    (5) To register, eligible producers shall complete and sign the 
combined registration form and absentee ballot (Form LS-73) and certify 
that:
    (i) They or the corporation or other entity they represent were 
producers during the specified representative period;
    (ii) If voting on behalf of a corporation or other entity referred 
to in Sec. 1230.613, they are authorized to do so.
    (6) A producer, after completing the absentee voter registration 
form and the ballot, shall remove the ballot portion of the combined 
registration and absentee ballot form (Form LS-73) and seal the 
completed ballot in a separate envelope marked ``PORK BALLOT'' (Form 
LS-72-1) and place the sealed envelope in a second envelope marked 
``PORK REFERENDUM'' (Form LS-73-1) along with the signed registration 
form. Producers will be required to print their names on the envelope 
marked ``PORK REFERENDUM'' (Form LS-73-1), and mail or hand deliver it 
to the county FSA office from which the producer or corporation or 
other entity obtained the absentee voting package.
    (7) Absentee ballots returned by mail will have to be postmarked 
with a date not later than the last day of the voting period and be 
received in the county FSA office by the close of business on the fifth 
business day after the last day of the voting period. Absentee ballots 
received after that date will be counted as invalid ballots. Upon 
receiving the ``PORK REFERENDUM'' envelope (Form LS-73-1) containing 
the registration form and ballot, the county FSA CED would place it, 
unopened in a secure ballot box. Before placing the ``Pork Referendum'' 
envelope (Form LS-73-1) in the ballot box the county FSA CED would 
record the date the absentee ballot was received in the FSA county 
office on the absentee Ballot Request List (Form LS-74).


Sec. 1230.630  Registration and voting procedures for importers.

    (a) Individual importers, corporation, or other entities can obtain 
the registration and certification forms, ballots and envelopes by mail 
from the following address: USDA, FSA, Operations Review and Analysis 
Staff, Attention: William A. Brown, Post Office Box XXXX, Washington, 
D.C., XXXXX. Importers may pick up the voting materials in-person at 
USDA, FSA, Operations Review and Analysis Staff, Room 2741, South 
Agriculture Building, 1400 Independence Avenue, SW., Washington, D.C. 
Importers may request voting materials by facsimile. The facsimile 
number is 202/690-3354.
    (b) When requesting a ballot, eligible importers will be required 
to submit a U.S. Customs Service Form 7501 showing that they paid the 
pork assessment during the representative period.
    (c) Upon receipt of a request and U.S. Customs Service Form 7501, 
the voting materials will be mailed to importers by the FSA 
headquarters office in Washington, D.C., to the address provided by the 
importer or corporation or other entity. Only one mail ballot and 
registration form will be provided to each eligible importer. The forms 
must be requested during a specified time period to be announced by the 
Secretary.
    (d) The FSA headquarters office in Washington, D.C., will enter on 
the Importer Ballot Request List (Form LS-77) the name and address of 
the importer requesting a ballot and the date of the request.
    (e) To register, eligible importers would complete and sign the 
combined registration form and ballot (Form LS-76) and certify that:
    (1) To the best of their knowledge and belief the information 
provided on the form is true and accurate;
    (2) If voting on behalf of an importer corporation or other entity 
referred to in Sec. 1230.613, they are authorized to do so.
    (f) Eligible importers, after completing the ballot and 
registration form, would remove the ballot portion of the combined 
registration form and ballot form (Form LS-76) and seal the completed 
ballot in a separate envelope marked ``PORK BALLOT'' (Form LS-72-1) and 
place the sealed envelope in a second envelope marked ``PORK 
REFERENDUM'' (Form LS-73-1) along with the signed registration form. 
Importers or corporations or other entities would legibly print their 
names on the envelope marked ``PORK REFERENDUM'' (Form LS-73-1), and 
mail the envelope to the FSA headquarters office at the following 
address: USDA, FSA, Operations Review and Analysis Staff, Attention: 
William A. Brown, Post Office Box XXXX, Washington, D.C., XXXXX. 
Importers may hand deliver the ``Pork Referendum'' envelope to USDA, 
FSA, Operations Review and Analysis Staff, Room 2741, South Agriculture 
Building, 1400 Independence Avenue, SW., Washington, D.C.
    (g) The ``PORK REFERENDUM'' envelope containing the registration 
and ballot has to be postmarked with a date not later than the last day 
of the voting period and be received in the FSA office by the close of 
business on the fifth business day after the date of the last day of 
the voting period. Ballots received after that date will be counted as 
invalid ballots. Upon receiving the ``PORK REFERENDUM'' envelope (Form 
LS-73-1) containing the registration form and ballot, an FSA employee 
will place it, unopened in a secure ballot box. Before placing the 
``PORK REFERENDUM'' envelope (Form LS-73-1) in the ballot box, the FSA 
employee will record the date the ballot was received in the FSA 
headquarters office in Washington, D.C., on the Importer Ballot Request 
List (Form LS-77).


Sec. 1230.631  List of registered voters.

    (a) Producers. The Voter Registration List (Form LS-75) and the 
Absentee Voter Request List (Form LS-74) will be available for 
inspection on the 2 days of

[[Page 20869]]

the voting period and the six business days following the date of the 
last day of the voting period at the county FSA office. The lists will 
be posted during regular office hours in a conspicuous public location 
at the FSA county office. Absentee ballots arriving after the Absentee 
Voter Request List is first posted will be recorded on the Absentee 
Voter Request List each day. The complete In-Person Voter Request List 
will be posted in the FSA county office on the first business day after 
the date of the last day of the voting period. The complete Absentee 
Voter Request List will be posted in the FSA county Office on the sixth 
business day after the date of the last day of the voting period.
    (b) Importers. The Importer Ballot Request List (Form LS-77) will 
be maintained by the FSA headquarters office in Washington, D.C., and 
not posted. Importers will be required to submit proof of eligibility a 
copy of a U.S. Customs Service Form 7501 with their request for a 
ballot.


Sec. 1280.632  Challenge of votes.

    (a) Challenge period. During the dates of the 2-consecutive day 
voting period and the six business days following the voting period, 
the ballots of producers may be challenged at the FSA county office.
    (b) Who can challenge. Any person can challenge a producer's vote. 
Any person who wants to challenge shall do so in writing and shall 
include the full name of the individual or corporation or other entity 
being challenged. Each challenge of a producer voter must be made 
separately and each challenge must be signed by the challenger.
    (c) Who can be challenged. Any producer having cast an in-person 
ballot or an absentee ballot whose name is posted on the Voter 
Registration List or the Absentee Voter Request List can be challenged. 
Absentee ballots have to be received in the FSA county office before a 
producer's vote can be challenged.
    (d) Determination of challenges. The FSA County Committee or its 
representative, acting on behalf of the Administrator, AMS, will make a 
determination concerning the challenge and will notify challenged 
producers as soon as practicable, but no later than eleven business 
days after the date of the last day of the voting period. If the FSA 
County Committee or its representative, acting on behalf of the 
Administrator, AMS, is unable to determine whether a person was a 
producer during the representative period, it will require the person 
to submit records such as sales documents, or other similar documents 
to prove that the person was a producer during the representative 
period. The FSA County Committee will then make a decision on the 
producer's eligibility and notify the producer of its decision.
    (e) Challenged ballot. A challenge to a ballot shall be deemed to 
have been resolved if the determination of the FSA County Committee or 
its representative acting on behalf of the Administrator, AMS, is not 
appealed within the time allowed for appeal or there has been a 
determination by FSA after an appeal.
    (f) Appeal. A person declared to be ineligible to register and vote 
by the FSA County Committee or its representative, acting on behalf of 
the Administrator, AMS, can file an appeal at the FSA county office 
within five business days after the date of receipt of the letter of 
notification of ineligibility. The FSA county office shall send a 
producers's appeal by facsimile to the FSA State Committee on the date 
it is filed at the FSA county office or as soon as practical 
thereafter.
    (g) An appeal will be determined by the FSA State Committee as soon 
as practicable, but in all cases not later than the thirtieth business 
day after the date of the last day of the voting period. The FSA State 
Committee shall send its decision on a producer's appeal to the FSA 
County office where the producer was initially challenged. The FSA 
County office shall notify the challenged producers of the FSA State 
Committee's determination on their appeals. The FSA State Committee's 
determination on an appeal shall be final.


Sec. 1230.633  Receiving ballots.

    (a) Producers. A ballot shall be considered to be received on time 
if:
    (1) It was cast in-person in the county FSA office prior to the 
close of business on the date of the last day of the voting period; or
    (2) It was cast as an absentee ballot, having a postmarked date not 
later than the last day of the voting period and was received in the 
county FSA office not later than the close of business, five business 
days after the last day of the voting period.
    (b) Importers. A ballot shall be considered to be received on time 
if it had a postmark not later than the date of the last day of the 
voting period and was received in the FSA headquarters office in 
Washington, D.C., not later than the close of business, five business 
days after the last day of the voting period.


Sec. 1230.634  Canvassing ballots.

    (a) Producers. (1) Counting the ballots. Under the supervision of 
FSA County Executive Director acting on behalf of the Administrator, 
AMS, the registration forms and ballots for producer voters will be 
checked against the Voter Registration List (Form LS-75) and the 
Absentee Voter Request List (Form LS-74) to determine properly 
registered voters. The ballots of producers voting in-person whose 
names are not on the Voter Registration List (Form LS-75), will be 
declared invalid. Likewise, the ballots of producers voting absentee 
whose names are not on the Absentee Voter Request List (Form LS-74) 
will be declared invalid. All ballots of challenged producer voters 
declared ineligible and invalid ballots will be kept separate from the 
other ballots and the envelopes containing these ballots will not be 
opened. The valid ballots will be counted on the thirty-first business 
day after the last day of the voting period. FSA county office 
employees will remove the sealed ``PORK BALLOT'' envelope (Form LS-72-
1) from the registration form/envelopes or absentee ballot envelopes of 
all eligible producer voters and all challenged producer voters 
determined to be eligible. After removing all ``Pork Ballot'' 
envelopes, FSA county employees will shuffle the sealed ``Pork Ballot'' 
envelopes or otherwise mix them up so that ballots cannot be matched 
with producers' names. After shuffling the ``Pork Ballot'' envelopes, 
FSA county employees will open them and count the ballots. The ballots 
will be counted as follows:
    (i) Number of eligible producers casting valid ballots;
    (ii) Number of producers favoring continuation of the Pork 
Checkoff;
    (iii) Number of producers favoring termination of the Pork 
Checkoff;
    (iv) Number of challenged producer ballots deemed ineligible;
    (v) Number of invalid ballots; and
    (vi) Number of spoiled ballots.
    (2) Invalid ballots. Ballots will be declared invalid if a producer 
voting in-person has failed to sign the Voter Registration List (Form 
LS-75) or an absentee voter's name is not recorded on the Absentee 
Voter Request List (Form LS-74), or the registration form or ballot was 
incomplete or incorrectly completed.
    (3) Spoiled ballots. Ballots will be considered spoiled if they are 
mutilated or marked in such a way that either the ``yes'' or ``no'' 
vote is illegible. Spoiled ballots shall not be considered as approving 
or disapproving the Pork Checkoff, or as a ballot cast in the 
referendum.
    (4) Confidentiality. All ballots shall be confidential and the 
contents of the ballots not divulged except as the Secretary may 
direct. The public may witness the opening of the ballot box

[[Page 20870]]

and the counting of the votes but may not interfere with the process.
    (b) Importers. (1) Counting the ballots. FSA headquarters personnel 
acting on behalf of the Administrator, AMS, will check the registration 
forms and ballots for all importer voters against the Importer Ballot 
Request List (Form LS-77) to determine properly registered voters. The 
ballots of importers voting whose names are not recorded on the 
Importer Ballot Request List (Form LS-77), will be declared invalid. 
All ballots of importer voters declared invalid will be kept separate 
from the other ballots and the envelopes containing these ballots will 
not be opened. The valid ballots will be counted on the thirty-first 
business day after the date of the last day of the voting period. FSA 
headquarter office employees will remove the sealed ``PORK BALLOT'' 
envelope (Form LS-72-1) from the ``Pork Referendum'' envelopes (Form 
LS-73-1) of all eligible importer voters. After removing all ``Pork 
Ballot'' envelopes, FSA headquarter employees will shuffle the sealed 
``Pork Ballot'' envelopes or otherwise mix them up so that ballots 
cannot be matched with importers' names. After shuffling the ``Pork 
Ballot'' envelopes, FSA headquarters employees will open the envelopes 
and count the ballots. The ballots will be counted as follows:
    (i) Number of eligible importers casting valid ballots;
    (ii) Number of importers favoring continuation of the Pork 
Checkoff;
    (iii) Number of importers favoring termination of the Pork 
Checkoff;
    (iv) Number of importer ballots deemed invalid; and
    (v) Number of spoiled ballots.
    (2) Invalid ballots. Ballots will be declared invalid if an 
importer voter's name was not recorded on the Importer Ballot Request 
List (Form LS-77), or the registration form or ballot was incomplete or 
incorrectly completed.
    (3) Spoiled ballots. Ballots will be considered spoiled if they 
were mutilated or marked in such a way that either the ``yes'' or 
``no'' vote was illegible. Spoiled ballots shall not be considered as a 
ballot cast in the referendum.
    (4) Confidentiality. All ballots shall be confidential and the 
contents of the ballots not divulged except as the Secretary may 
direct. The public can witness the opening of the ballot box and the 
counting of the votes but can not interfere with the process.


Sec. 1230.635  FSA county office report.

    The FSA county office will notify the FSA State office of the 
results of the referendum. Each FSA county office will transmit the 
results of the referendum in its county to the FSA State office. Such 
report will include the information listed in Sec. 1230.634. The 
results of the referendum in each county will be made available to the 
public. A copy of the report of results will be posted for 30 days in 
the FSA county office in a conspicuous place accessible to the public, 
and a copy will be kept on file in the FSA county office for a period 
of at least 12 months after the referendum.


Sec. 1230.636  FSA State office report.

    Each FSA State office will transmit to the Administrator, FSA, a 
written summary of the results of the referendum received from all FSA 
county offices within the State. The summary shall include the 
information on the referendum results contained in the reports from all 
county offices within each State and be certified by the FSA State 
Executive Director. The FSA State office will maintain a copy of the 
summary where it will be available for public inspection for a period 
of not less than 12 months.


Sec. 1230.637  Results of the referendum.

    (a) The Administrator, FSA, will submit the combined results of the 
FSA State offices' results of the producers' vote and the FSA 
headquarters office results of the importers' vote to the 
Administrator, AMS. The Administrator, AMS, will prepare and submit to 
the Secretary a report of the results of the referendum. The results of 
the referendum will be issued by the Department in an official press 
release and published in the Federal Register. State reports on 
producer balloting, FSA headquarters office report on importer 
balloting, and related papers will be available for public inspection 
in the office of the Marketing Programs Branch, Livestock and Seed 
Program, AMS, USDA, Room 2627, South Agriculture Building, 1400 
Independence Avenue, SW., Washington, D.C.
    (b) If the Secretary deems it necessary, the report of any State or 
county shall be re-examined and checked by such persons as may be 
designated by the Secretary.


Sec. 1230.638  Disposition of ballots and records.

    (a) Producer Ballots and Records. Each FSA County Executive 
Director will place in sealed containers marked with the identification 
of the referendum, the voter registration list, absentee voter request 
list, voted ballots, challenged registration forms/envelopes, 
challenged absentee voter registration forms, challenged ballots found 
to be ineligible, invalid ballots, spoiled ballots, and county 
summaries. Such records will be placed under lock in a safe place under 
the custody of the FSA County Executive Director for a period of not 
less than 12 months after the referendum. If no notice to the contrary 
is received from the Administrator, FSA, by the end of such time, the 
records shall be destroyed.
    (b) Importer Ballots and Records. The FSA headquarters office in 
Washington, D.C., will deliver the importer U.S. Customs Service Form 
7501 the voter registration list, voted ballots, invalid ballots, 
spoiled ballots, and national summaries and records to the Marketing 
Programs Branch, Livestock and Seed Program, AMS, USDA, Room 2627, 
South Agriculture Building, 1400 Independence Avenue, SW., Washington, 
D.C. A Marketing Programs Branch employee will place the ballots and 
records in sealed containers marked with the identification of the 
referendum. Such ballots and records will be placed under lock in a 
safe place under the custody of the Marketing Programs Branch for a 
period of not less than 12 months after the referendum. If no notice to 
the contrary is received from the Administrator, AMS, by the end of 
such time, the records shall be destroyed.


Sec. 1230.639  Instructions and forms.

    The Administrator, AMS, is authorized to prescribe additional 
instructions and forms not inconsistent with the provisions of this 
subpart to govern the conduct of the referendum.

    Dated: April 12, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.

    Note: The following Appendix will not appear in the Code of 
Federal Regulations.


Appendix--Pork Referendum Forms

    The following nine forms referenced in Subpart E Part 1230--
Procedures for the Conduct of a Referendum--will be used for 
registering and voting in the pork referendum and for listing 
registered voters.

LS-72  In-Person Voting Ballot
LS-72-1  Pork Ballot Envelope
LS-72-2  In-Person Registration and Certification Envelope
LS-73  Absentee Voting Ballot and Registration and Certification 
Form
LS-73-1  Pork Referendum Envelope
LS-74  Absentee Voter Request List
LS-75  In-Person Voter Registration List
LS-76  Importer Ballot, Registration, and Certification Form
LS-77  Importer Ballot Voter Request List

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[FR Doc. 00-9541 Filed 4-13-00; 10:41 am]
BILLING CODE 3410-02-C


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