7 U.S.C. § 4808 — National Pork Board

Page 1723 TITLE 7—AGRICULTURE § 4808 1 So in original. Probably should be section ‘‘4809(b)’’. 1 So in original. No subpar. (B) has been enacted. 1 So in original. Two pars. (2) have been enacted. such rate pursuant to section 4809(5) 1 of this title; and (2) determine the percentage of the aggre- gate amount of assessments collected in a State that each State association shall receive under section 4809(c)(1) of this title. (Pub. L. 99–198, title XVI, § 1617, Dec. 23, 1985, 99 Stat. 1609.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4807. Selection of Delegate Body (a) Nominations (1) Not later than 30 days after the effective date of the order, the Secretary shall call for the nomination within each State of candidates for appointment as producer members of the initial Delegate Body. (2) Each State association may nominate pro- ducers who are residents of such State to serve as such candidates. (3)(A) 1 Additional producers who are residents of a State may be nominated as candidates of such State by written petition signed by 100 pro- ducers or 5 percent of the pork producers in such State, whichever is less. The Secretary shall es- tablish and publicize the procedures governing the time and place for filing petitions. (b) Election; eligibility to vote; notice of election; number of members nominated (1) After the Secretary has received the nomi- nations required under subsection (a) and not later than 45 days after the effective date of the order, the Secretary shall call for an election within each State of persons for appointment as producer members of the initial Delegate Body. (2) To be eligible to vote in an election held in a State, a person must be a producer who is a resident of such State. (3)(A) Notice of each such election shall be given by the Secretary— (i) by publication in a newspaper or news- papers of general circulation in each State, and in pork production and agriculture trade publications, at least 1 week prior to the elec- tion; and (ii) in any other reasonable manner deter- mined by the Secretary. (B) The notice shall set forth the period of time and places for voting and such other infor- mation as the Secretary considers necessary. (4) Each State shall nominate to the Delegate Body the number of producer members required under section 4806(b)(2)(B) of this title. (5) The producers who receive the highest number of votes in each State shall be nomi- nated for appointment as members of the Dele- gate Body from such State. (c) Subsequent nominations and elections to be administered by Board; time of election; vot- ing eligibility (1) Except as provided in paragraph (3), after the election of the producer members of the ini- tial Delegate Body, the Board shall administer all subsequent nominations and elections of the producer members to be nominated for appoint- ment as members of the Delegate Body, with the assistance of the Secretary and in accordance with subsections (a)(3) and (b). (2) The Board shall determine the timing of an election referred to in paragraph (1). (3) To be eligible to vote in such an election in a State, a person must— (A) be a producer who is a resident of such State; (B) have paid all assessments due under sec- tion 4809 of this title; and (C) not demanded a refund of an assessment under section 4813 of this title. (d) Nominating committee; appointment; nomi- nation to fill position for pending election (1) Prior to the expiration of the term of any producer member of the Delegate Body, the Board shall appoint a nominating committee of producers who are residents of the State rep- resented by such member. (2) Such committee shall nominate producers of such State as candidates to fill the position for which an election is to be held. (3) Additional producers who are residents of a State may be nominated to fill such positions in accordance with subsection (a)(3). (Pub. L. 99–198, title XVI, § 1618, Dec. 23, 1985, 99 Stat. 1611.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4808. National Pork Board (a)(1) The order shall provide for the establish- ment and appointment by the Secretary of a 15- member National Pork Board. (2) 1 The Board shall consist of producers rep- resenting at least 12 States and importers ap- pointed by the Secretary from nominations sub- mitted under section 4806(g) of this title . (2) 1 The Board shall consist of producers or importers appointed by the Secretary from nominations submitted under section 4806(g) of this title. (3) A member of the Board shall serve for a 3- year term, with no such member serving more than two consecutive 3-year terms, except that initial appointments to the Board shall be stag- gered with an equal number of members ap- pointed, to the maximum extent possible, to 1- year, 2-year, and 3-year terms, except that the term of a member of the Board shall continue until the successor of such member, if any, is appointed in accordance with paragraph (2). (4) The Board shall select its President by a majority vote. (5)(A) A majority of the members of the Board shall constitute a quorum at a meeting of the Board. (B) A majority of votes cast at a meeting at which a quorum is present shall determine a mo- tion or election. Page 1724 TITLE 7—AGRICULTURE § 4809 1 So in original. Probably should be ‘‘section’’. (6) A member of the Board shall serve without compensation, but shall be reimbursed by the Board from assessments collected under section 4809 of this title for reasonable expenses in- curred in performing duties as a member of the Board. (b)(1) The Board shall— (A) develop, at the initiative of the Board or other person, proposals for promotion, re- search, and consumer information plans and projects; (B) submit such plans and projects to the Secretary for approval; (C) administer the order, in accordance with the order and this chapter; (D) prescribe such rules as are necessary to carry out such order; (E) receive, investigate, and report to the Secretary complaints of violations of such order; (F) make recommendations to the Secretary with respect to amendments to such order; and (G) employ a staff and conduct routine busi- ness. (2) The Board shall prepare and submit to the Secretary, for the approval of the Secretary, a budget for each fiscal year of anticipated ex- penses and disbursements of the Board in the ad- ministration of the order, including the pro- jected cost of— (A) any promotion, research or consumer in- formation plan or project to be conducted by the Board directly or by way of contract or agreement; and (B) the budgets, plans, or projects for which State associations are to receive funds pursu- ant to section 4809(c)(1) of this title. (3) No plan, project, or budget referred to in paragraph (1) or (2) may become effective unless approved by the Secretary. (4)(A) The Board, with the approval of the Sec- retary, may enter into contracts or agreements with a person for— (i) the development and conduct of activities authorized under an order; and (ii) the payment of the cost thereof with funds collected through assessments under such order. (B) Such contract or agreement shall require that— (i) the contracting party develop and submit to the Board a plan or project, together with a budget or budgets that include the estimated cost to be incurred under such plan or project; (ii) such plan or project become effective on the approval of the Secretary; and (iii) the contracting party— (I) keep accurate records of all relevant transactions of the party; (II) make periodic reports to the Board of— (aa) relevant activities the party has conducted; and (bb) an accounting for funds received and expended under such contract; and (III) make such other reports as the Sec- retary or Board may require. (Pub. L. 99–198, title XVI, § 1619, Dec. 23, 1985, 99 Stat. 1612.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4809. Assessments (a) Collection and remission to Board; persons required to pay (1) The order shall provide that, not later than 30 days after the effective date of the order under section 4805(c) of this title an assessment shall be paid, in the manner prescribed in the order. Upon the appointment of the Board, the assessments held in escrow shall be distributed to the Board. Except as provided in paragraph (3), assessments shall be payable by— (A) each producer for each porcine animal described in subparagraph (A) or (C) of section 4802(8) of this title produced in the United States that is sold or slaughtered for sale; (B) each producer for each porcine animal described in subsection 1 4802(8)(B) of this title that is sold; and (C) each importer for each porcine animal, pork, or pork product that is imported into the United States. (2) Such assessment shall be collected and re- mitted to the Board once it is appointed pursu- ant to section 4808 of this title, but, until that time, to the Secretary, who shall promptly pro- ceed to distribute the funds received by him in accordance with the provisions of subsection (c), except that the Secretary shall retain the funds to be received by the Board until such time as the Board is appointed pursuant to section 4808 of this title, by— (A) in the case of subparagraph (A) of para- graph (1), the purchaser of the porcine animal referred to in such subparagraph; (B) in the case of subparagraph (B) of para- graph (1), the producer of the porcine animal referred to in such subparagraph; and (C) in the case of subparagraph (C) of para- graph (1), the importer referred to in such sub- paragraph. (3) A person is not required to pay an assess- ment for a porcine animal, pork, or pork prod- uct under paragraph (1) if such person proves to the Board that an assessment was paid pre- viously under such paragraph by a person for such porcine animal (of the same category de- scribed in subparagraph (A), (B), or (C) of sec- tion 4802(8) of this title), pork, or pork product. (b) Rate of assessment; increase; waiver of collec- tion of assessment (1) Except as provided in paragraph (2), the rate of assessment prescribed by the initial order shall be the lesser of— (A) 0.25 percent of the market value of the porcine animal, pork, or pork product sold or imported; or (B) an amount established by the Secretary based on a recommendation of the Delegate Body. (2) Except as provided in paragraph (3), the rate of assessment in the initial order may be