The Order shall not become effective unless:
    
    
        
        (a) 
         The Secretary determines that the Order is consistent with and will effectuate the purposes of the Act; and
     
    
        
        (b) 
         The Order is approved by a simple majority of the peanut producers as defined in  § 1216.21 voting in a referendum who, during a representative period determined by the Secretary, have been engaged in the production of peanuts.