§ 4806. — National Pork Producers Delegate Body.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4806]
TITLE 7--AGRICULTURE
CHAPTER 79--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 4806. National Pork Producers Delegate Body
(a) Establishment and appointment
The order shall provide for the establishment and appointment by the
Secretary, not later than 60 days after the effective date of such
order, of a National Pork Producers Delegate Body.
(b) Membership; number of producer members; number of importer members
(1) The Delegate Body shall consist of--
(A) producers, as appointed by the Secretary in accordance with
paragraph (2), from nominees submitted as follows:
(i) in the case of the initial Delegate Body appointed by
each State in accordance with section 4807 of this title.
(ii) in the case of each succeeding Delegate Body, each
State association shall submit nominations selected by such
association pursuant to a selection process that--
(I) is approved by the Secretary;
(II) requires public notice of the process to be given
at least one week in advance by publication in a newspaper
or newspaper of general circulation in such State and in
pork production and agriculture trade publications; and
(III) that provides complete and equal access to the
nominating process to every producer who has paid all
assessments due under section 4809 of this title and not
demanded a refund under section 4813 of this title,
or pursuant to an election of nominees conducted in accordance
with section 4807 of this title.
(iii) In the case of a State that has a State association
that does not submit nominations or that does not have a State
association, such State shall submit nominations in a manner
prescribed by the Secretary; and
(B) importers, as appointed by the Secretary in accordance with
paragraph (3).
(2) The number of producer members appointed to the Delegate Body
from each State shall equal at least two members, and additional
members, allocated as follows:
(A) Shares shall be assigned to each State--
(i) for the 1986 calendar year, on the basis of one share
for each $400,000 of farm market value of porcine animals
marketed from such State (as determined by the Secretary based
on the annual average of farm market value in the most recent 3
calendar years preceding such year), rounded to the nearest
$400,000; and
(ii) for each calendar year thereafter, on the basis of one
share for each $1,000 of the aggregate amount of assessments
collected (minus refunds under section 4813 of this title) in
such State from persons described in section 4809(a)(1)(A) and
(B) of this title, rounded to the nearest $1,000.
(B) If during a calendar year the number of such shares of a
State is--
(i) less than 301, the State shall receive a total of two
producer members;
(ii) more than 300 but less than 601, the State shall
receive a total of three producer members;
(iii) more than 600 but less than 1,001, the State shall
receive a total of four producer members; and
(iv) more than 1,000, the State shall receive four producer
members, plus one additional member for each 300 additional
shares in excess of 1,000 shares, rounded to the nearest 300.
(3) The number of importer members appointed to the Delegate Body
shall be determined as follows:
(A) Shares shall be assigned to importers--
(i) for the 1986 calendar year, on the basis of one share
for each $575,000 of market value of marketed porcine animals,
pork, or pork products (as determined by the Secretary based on
the annual average of imports in the most recent 3 calendar
years preceding such year), rounded to the nearest $575,000; and
(ii) for each calendar year thereafter, on the basis of one
share for each $1,000 of the aggregate amount of assessments
collected (minus refunds under section 4813 of this title) from
importers, rounded to the nearest $1,000.
(B) The number of importer members appointed to the Delegate
Body shall equal a total of--
(i) three members for the first 1,000 such shares; and
(ii) one additional member for each 300 additional shares in
excess of 1,000 shares, rounded to the nearest 300.
(c) Voting; quorum; votes necessary for decision
(1) A producer member of the Delegate Body may, in a vote conducted
by the Delegate Body for which the member is present, cast a number of
votes equal to--
(A) the number of shares attributable to the State of the
member; divided by
(B) the number of producer members from such State.
(2) An importer member of the Delegate Body may, in a vote conducted
by the Delegate Body for which the member is present, cast a number of
votes equal to--
(A) the number of shares allocated to importers; divided by
(B) the number of importer members.
(3) Members entitled to cast a majority of the votes (including
fractions thereof) on the Delegate Body shall constitute a quorum.
(4) A majority of the votes (including fractions thereof) cast at a
meeting at which a quorum is present shall be decisive of a motion or
election presented to the Delegate Body for a vote.
(d) Term of office
A member of the Delegate Body shall serve for a term of 1 year,
except that the term of a member of the Delegate Body shall continue
until the successor of such member, if any, is appointed in accordance
with subsection (b)(1) of this section.
(e) Chairman
(1) At the first annual meeting, the Delegate Body shall select a
Chairman by a majority vote.
(2) At each annual meeting thereafter, the President of the Board
shall serve as the Chairman of the Delegate Body.
(f) Compensation
A member of the Delegate Body shall serve without compensation, but
may be reimbursed by the Board from assessments collected under section
4809 of this title for transportation expenses incurred in performing
duties as a member of the Delegate Body.
(g) Nomination of members to National Pork Board; annual meeting;
majority vote in person to nominate
(1) The Delegate Body shall--
(A) nominate--
(i) not less than 23 persons for appointment to the Board,
for the first year for which nominations are made; and
(ii) not less than 1\1/2\ persons (rounded up to the nearest
person) for each vacancy in the Board that requires nominations
thereafter; and
(B) submit such nominations to the Secretary.
(2) The Delegate Body shall meet annually to make such nominations.
(3) A majority of the Delegate Body shall vote in person in order to
nominate members to the Board.
(h) Duties and functions
The Delegate Body shall--
(1) recommend the rate of assessment prescribed by the initial
order and any increase in such rate pursuant to section 4809(5) \1\
of this title, and
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\1\ So in original. Probably should be section ``4809(b)''.
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(2) determine the percentage of the aggregate 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, Sec. 1617, Dec. 23, 1985, 99 Stat. 1609.)
Section Referred to in Other Sections
This section is referred to in sections 4802, 4805, 4807, 4808 of
this title.
