[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4807]
TITLE 7--AGRICULTURE
CHAPTER 79--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 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 producers 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
producers or 5 percent of the pork producers in such State, whichever is
less. The Secretary shall establish and publicize the procedures
governing the time and place for filing petitions.
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\1\ So in original. No subpar. (B) has been enacted.
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(b) Election; eligibility to vote; notice of election; number of members
nominated
(1) After the Secretary has received the nominations required under
subsection (a) of this section 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 newspapers of general
circulation in each State, and in pork production and agriculture
trade publications, at least 1 week prior to the election; and
(ii) in any other reasonable manner determined by the Secretary.
(B) The notice shall set forth the period of time and places for
voting and such other information 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 nominated for appointment as members of the Delegate Body
from such State.
(c) Subsequent nominations and elections to be administered by Board;
time of election; voting eligibility
(1) Except as provided in paragraph (3), after the election of the
producer members of the initial Delegate Body, the Board shall
administer all subsequent nominations and elections of the producer
members to be nominated for appointment as members of the Delegate Body,
with the assistance of the Secretary and in accordance with subsections
(a)(3) and (b) of this section.
(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 section 4809 of this
title; and
(C) not demanded a refund of an assessment under section 4813 of
this title.
(d) Nominating committee; appointment; nomination 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 represented 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
