Referenda to determine whether eligible natural grass sod producers favor the issuance, continuance, amendment, suspension, or termination of the Natural Grass Sod Promotion, Research and Information Order shall be conducted in accordance with this subpart.

For purposes of this subpart, the following terms shall have the meanings set forth in this section:

Administrator means the Administrator of the Agricultural Marketing Service, or any officer or employee of USDA to whom there has been delegated or may be delegated the authority to act in the Administrator's stead.

Referenda refers, collectively, to the initial referendum and any subsequent referenda.

Referendum refers, individually, to the initial referendum or a subsequent referendum.

Referendum agent or agent means the individual or individuals designated by the Secretary to conduct the referendum.

(a) Each eligible natural grass sod producer that has sold natural grass sod products in the United States during the representative period is eligible to vote in the initial referendum or subsequent referenda and shall be entitled to cast only one ballot in any referenda.

(b) Proxy voting is not authorized, but an officer or employee of an eligible natural grass sod producer, or an administrator, executor, or trustee of an eligible natural grass sod producer may cast a ballot on behalf of such entity. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible natural grass sod producer, or an administrator, executive, or trustee of the eligible natural grass sod producer and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority.

(c) All ballots are to be cast by mail, electronic mail, electronic voting through a smartphone application or website, sending ballots to a central location by mail ballot or through electronic mail, or by any other means set forth by the Department.

The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The Administrator may prescribe additional instructions, consistent with the provisions of this subpart, to govern the procedure to be followed by the referendum agent. Such agent shall:

(a) Determine the time period during which ballots may be cast;

(b) Provide ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible natural grass sod producer;

(c) Give reasonable public notice of the referendum, not less than 30 days before the referendum is to be conducted:

(1) By using available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print, radio, email communications, and social media; and

(2) By such other means as the agent may deem advisable.

(d) Distribute to eligible natural grass sod producers whose names and contact information are known to the referendum agent, the instructions on voting, a ballot, and a summary of the terms and conditions of the proposed Natural Grass Sod Promotion, Research, and Information Order or the continuance of the Natural Grass Sod Promotion, Research, and Information Order, as the case may be. No person who claims to be an eligible natural grass sod producer shall be refused a ballot;

(e) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in the presence of an agent of a third party authorized to monitor the referendum process;

(f) Prepare a report on the referendum; and

(g) Announce the results to the public.

The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions under this subpart. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent.

The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, the results of any investigations made with respect thereto, and the disposition thereof. Ballots deemed invalid under this subpart shall not be counted.

Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to the analysis of the referendum and its results.

The ballots and other information or reports that reveal, or tend to reveal, the vote of any natural grass sod producer and the voter list shall be strictly confidential and shall not be disclosed.

The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, is OMB control number 0581-.0348.