7 U.S.C. § 4807 — Selection of Delegate Body

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.