§ 7464. — National Kiwifruit Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7464]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER IV--KIWIFRUIT
Sec. 7464. National Kiwifruit Board
(a) Membership
An order issued by the Secretary under section 7463 of this title
shall provide for the establishment of a National Kiwifruit Board that
consists of the following 11 members:
(1) 10 members who are producers, exporters, or importers (or
their representatives), based on a proportional representation of
the level of domestic production and imports of kiwifruit (as
determined by the Secretary).
(2) 1 member appointed from the general public.
(b) Adjustment of membership
Subject to the 11-member limit, the Secretary may adjust membership
on the Board to accommodate changes in production and import levels of
kiwifruit.
(c) Appointment and nomination
(1) Appointment
The Secretary shall appoint the members of the Board from
nominations submitted in accordance with this subsection.
(2) Producers
The members who are producers referred to in subsection (a)(1)
of this section shall be appointed from individuals nominated by
producers.
(3) Importers and exporters
The members who are importers or exporters referred to in
subsection (a)(1) of this section shall be appointed from
individuals nominated by importers or exporters.
(4) Public representative
The public representative shall be appointed from nominations
submitted by other members of the Board.
(5) Failure to nominate
If producers, importers, and exporters fail to nominate
individuals for appointment, the Secretary may appoint members and
alternates on a basis provided for in the order. If the Board fails
to nominate a public representative, the member and alternate may be
appointed by the Secretary without a nomination.
(d) Alternates
The Secretary shall appoint an alternate for each member of the
Board. An alternate shall--
(1) be appointed in the same manner as the member for whom the
individual is an alternate; and
(2) serve on the Board if the member is absent from a meeting or
is disqualified under subsection (f) of this section.
(e) Terms
A member of the Board shall be appointed for a term of 3 years. No
member may serve more than 2 consecutive 3-year terms, except that of
the members first appointed--
(1) 5 members shall be appointed for a term of 2 years; and
(2) 6 members shall be appointed for a term of 3 years.
(f) Disqualification
If a member or alternate of the Board who was appointed as a
producer, importer, exporter, or public representative member ceases to
belong to the group for which the member was appointed, the member or
alternate shall be disqualified from serving on the Board.
(g) Compensation
A member or alternate of the Board shall serve without pay.
(h) General powers and duties
The Board shall--
(1) administer an order issued by the Secretary under section
7463 of this title, and an amendment to the order, in accordance
with the order and amendment and this subchapter;
(2) prescribe rules and regulations to carry out the order;
(3) meet, organize, and select from among members of the Board a
chairperson, other officers, and committees and subcommittees, as
the Board determines appropriate;
(4) receive, investigate, and report to the Secretary accounts
of violations of the order;
(5) make recommendations to the Secretary with respect to an
amendment that should be made to the order; and
(6) employ or contract with a manager and staff to assist in
administering the order, except that, to reduce administrative costs
and increase efficiency, the Board shall seek, to the extent
practicable, to employ or contract with personnel who are already
associated with organizations involved in promoting kiwifruit that
are chartered by a State, the District of Columbia, or the
Commonwealth of Puerto Rico.
(Pub. L. 104-127, title V, Sec. 555, Apr. 4, 1996, 110 Stat. 1066; Pub.
L. 105-185, title VI, Sec. 603(b), June 23, 1998, 112 Stat. 585.)
Amendments
1998--Subsec. (a). Pub. L. 105-185, Sec. 603(b)(1), added pars. (1)
and (2) and struck out former pars. (1) to (3) which read as follows:
``(1) 6 members who are producers (or representatives of producers)
and who are not exempt from an assessment under section 7465(b) of this
title.
``(2) 4 members who are importers (or representatives of importers)
and who are not exempt from an assessment under section 7465(b) of this
title or are exporters (or representatives of exporters).
``(3) 1 member appointed from the general public.''
Subsec. (b). Pub. L. 105-185, Sec. 603(b)(2), struck out par. (1)
designation and heading, struck out ``and to paragraph (2)'' after ``11-
member limit'', and struck out heading and text of par. (2). Text read
as follows: ``Producers shall comprise not less than 51 percent of the
membership of the Board.''
Subsec. (c)(2). Pub. L. 105-185, Sec. 603(b)(3)(A), inserted ``who
are producers'' after ``members''.
Subsec. (c)(3). Pub. L. 105-185, Sec. 603(b)(3)(B), inserted ``who
are importers or exporters'' after ``members'' and substituted
``(a)(1)'' for ``(a)(2)''.
Subsec. (c)(5). Pub. L. 105-185, Sec. 603(b)(3)(C), inserted ``and
alternate'' before ``may be appointed'' in second sentence.
Section Referred to in Other Sections
This section is referred to in section 7462 of this title.
