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| National Pork Producers Delegate Body | 1230.30 – 1230.39 | |||||||||||||||||||||||||||||||
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51 FR 31903, Sept. 5, 1986, unless otherwise noted.
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Subscribe to: 7 CFR Part 1230 Subpart A - National Pork Producers Delegate Body
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(a) There is hereby established a National Pork Producers Delegate Body which shall consist of producers and importers appointed by the Secretary.
(b)
(1) At least two producer members shall be allocated to each State, but any State that has more than 300 but less than 601 shares shall receive three producer members; each State with more than 600 but less than 1,001 shares shall receive four producer members and each State with more than 1,000 shares shall receive an additional member in excess of four for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300.
(2) [Reserved]
(3) In each fiscal period, shares shall be assigned to each State on the basis of one share for each $1,000 (rounded to the nearest $1,000) of the net amount of assessments attributable to such State.
(c)
(1) The number of importer members to be appointed shall be determined by allocating three such members for the first 1,000 shares. Importers shall receive an additional member in excess of three for each 300 shares in excess of 1,000 shares, rounded to the nearest 300.
(2) [Reserved]
(3) In each fiscal period, shares shall be assigned to importers on the basis of one share for each $1,000 (rounded to the nearest $1,000) of the net amount of assessments attributable to importers.
[51 FR 31903, Sept. 5, 1986, as amended at 60 FR 58501, Nov. 28, 1995]
(a) [Reserved]
(b) Delegate Body nominations for appointment as producer members shall be submitted to the Secretary in the number requested by the Secretary by each State association either after an election conducted in accordance with § 1230.32 and by nominating the producers who receive the highest number of votes in such State; or pursuant to a selection process that is approved by the Secretary, is given public-notice at least one week in advance by publication in a newspaper or newspapers of general circulation in such State and in pork production and agriculture trade publications, and provides complete and equal access to every producer who has paid all assessments due under this subpart and who has not demanded any refund of an assessment paid pursuant to this subpart in the period since the selection of the previous Delegate Body;
(c) The Secretary shall appoint the producer members of each Delegate Body from the nominations submitted in accordance with this section, except that if a State association does not submit nominations in the required manner or number, or if a State has no State association, the Secretary shall select producer members from that State after consultation with representatives of the pork industry in that State.
[51 FR 31903, Sept. 5, 1986, as amended at 60 FR 58501, Nov. 28, 1995]
If a State association selects nominees for appointment to the Delegate Body through an election, it shall be conducted in the following manner:
(a) Elections shall be administered by the Board and the Board shall determine the timing of any elections.
(b) Producers who are residents of that State may be named as candidates for election to be nominees for appointment to the Delegate Body:
(1) By a nominating committee of producers in that State appointed by the Board; or
(2) The number of pork producers in a State shall be determined by the Department based on the latest available Department information, which tabulates by State the number of farming operations with porcine animals.
(c) To be eligible to vote in an election to nominate producer members from a State, a person must:
(1) Be a producer who is a resident of that State;
(2) Have paid all assessments due pursuant to this subpart; and
(3) Not have demanded any refund of an assessment paid pursuant to this subpart in the period since the selection of the previous Delegate Body.
(d) The Board shall cause notices of any election to be published at least one week prior to the election in a newspaper or newspapers of general circulation in that State, and in pork production and agricultural trade publications. The notices shall set forth the period of time and places for voting and such other information as the Board considers necessary.
(e) The identity of any person who voted and the manner in which any person voted shall be kept confidential.
[51 FR 31903, Sept. 5, 1986, as amended at 53 FR 30245, Aug. 11, 1988]
The Secretary shall appoint the importer members of each Delegate Body after consultation with importers.
(a) The members of the Delegate Body shall serve for terms of one year, except that the members of the initial Delegate Body shall serve only until the completion of the nomination and appointment process of the succeeding Delegate Body.
(b) Each member of the Delegate Body shall serve until that member's term expires, or a successor is appointed, whichever occurs later.
To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Delegate Body, the Secretary shall appoint a successor for the unexpired term of such member from nominations made either by the appropriate State association or by importers, depending upon whether the vacancy is a producer or importer vacancy.
(a) A majority of the members shall constitute a quorum at a properly convened meeting of the Delegate Body, but only if that majority is also entitled to cast a majority of the shares (including fractions thereof). Any action of the Delegate Body, including any motion or nomination presented to it for a vote, shall require a majority vote, that is, the concurring votes of a majority of the shares cast on that action. The Delegate Body shall give timely notice of its meetings. The Delegate Body shall give the Secretary the same notice of its meetings as it gives to its members in order that the Secretary or a representative of the Secretary may attend meetings.
(b) The number of votes that may be cast by a producer member if present at a meeting shall be equal to the number of shares attributable to the State of such member divided by the number of producer members from such State. The number of votes that may be cast by an importer member if present at a meeting shall be equal to the number of shares allocated to importers divided by the number of importer members.
The Delegate Body shall elect its Chairperson by a majority vote at the first annual meeting, but at each annual meeting after the first, the President of the Board shall serve as the Delegate Body's Chairperson.
The members of the Delegate Body shall serve without compensation but may be reimbursed by the Board for actual transportation expenses incurred by them in exercising their powers and duties under this subpart. Such expenses shall be paid from funds received by the Board pursuant to § 1230.72.
The Delegate Body shall have the following powers and duties:
(a) To meet annually;
(b) To recommend the rate of assessment prescribed by the initial order and any increase in such rate;
(c) To determine the percentage of the net assessments attributable to porcine animals produced in a State that each State association shall receive; and
(d) To nominate not less than 23 persons, including producers from a minimum of 12 States or importers, for appointment to the initial Board and not less than one and one-half persons (rounded up to the nearest person) for each vacancy on the Board that requires nominations thereafter. Each nomination shall be by a majority vote of the Delegate Body voting in person in accordance with § 1230.36.