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| Cattlemen's Beef Promotion and Research Board | 1260.141 – 1260.151 | ||||||||||||||||||||||||||||||||||
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51 FR 26138, July 18, 1986, unless otherwise noted.
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(a) Beginning with the 2023 Board nominations and the associated appointments effective early in the year 2024, the United States shall be divided into 38 geographical units and 1 unit representing importers, for a total of 39 units. The number of Board members from each unit shall be as follows:
| State/unit | (1,000 head) | Directors |
|---|---|---|
| 1. Alabama | 1,285 | 1 |
| 2. Arizona | 967 | 1 |
| 3. Arkansas | 1,733 | 2 |
| 4. Colorado | 2,700 | 3 |
| 5. Florida | 1,670 | 2 |
| 6. Georgia | 1,077 | 1 |
| 7. Idaho | 2,507 | 3 |
| 8. Illinois | 1,047 | 1 |
| 9. Indiana | 833 | 1 |
| 10. Iowa | 3,800 | 4 |
| 11. Kansas | 6,483 | 6 |
| 12. Kentucky | 2,073 | 2 |
| 13. Louisiana | 777 | 1 |
| 14. Michigan | 1,137 | 1 |
| 15. Minnesota | 2,203 | 2 |
| 16. Mississippi | 917 | 1 |
| 17. Missouri | 4,217 | 4 |
| 18. Montana | 2,383 | 2 |
| 19. Nebraska | 6,800 | 7 |
| 20. New Mexico | 1,373 | 1 |
| 21. New York | 1,433 | 1 |
| 22. North Carolina | 798 | 1 |
| 23. North Dakota | 1,893 | 2 |
| 24. Ohio | 1,283 | 1 |
| 25. Oklahoma | 5,217 | 5 |
| 26. Oregon | 1,260 | 1 |
| 27. Pennsylvania | 1,430 | 1 |
| 28. South Dakota | 3,900 | 4 |
| 29. Tennessee | 1,783 | 2 |
| 30. Texas | 12,900 | 13 |
| 31. Utah | 803 | 1 |
| 32. Virginia | 1,410 | 1 |
| 33. Wisconsin | 3,467 | 3 |
| 34. Wyoming | 1,290 | 1 |
| 35. Northwest Unit: | ||
| Alaska | 17 | |
| Hawaii | 142 | |
| Washington | 1,157 | |
| Total | 1,316 | |
| 36. Northeast Unit: | ||
| Connecticut | 48 | |
| Delaware | 13 | |
| Maine | 77 | |
| Maryland | 174 | |
| Massachusetts | 36 | |
| New Hampshire | 32 | |
| New Jersey | 26 | |
| Rhode Island | 4 | |
| Vermont | 248 | |
| Total | 658 | 1 |
| 37. Mid-Atlantic Unit: | ||
| South Carolina | 327 | |
| West Virginia | 380 | |
| Total | 707 | 1 |
| 38. Southwest Unit: | ||
| California | 5,167 | |
| Nevada | 465 | |
| Total | 5,632 | 6 |
| 39. Importers Unit 2 | 7,466 | 7 |
| 1 2020, 2021, and 2022 average of January 1 cattle inventory data. | ||
| 2 2019, 2020, and 2021 average of annual import data. | ||
(b) The Board shall be composed of cattle producers and importers appointed by the Secretary from nominations submitted pursuant to the Act and regulations of this part. A producer may only be nominated to represent the unit in which that producer is a resident.
(c) At least every three (3) years, and not more than every two (2) years, the Board shall review the geographic distribution of cattle inventories throughout the United States and the volume of imported cattle, beef, and beef products and, if warranted, shall reapportion units and/or modify the number of Board members from units in order to best reflect the geographic distribution of cattle production volume in the United States and the volume of imported cattle, beef, or beef products into the United States.
(d) The Board may recommend to the Secretary a modification in the number of cattle per unit necessary for representation on the Board.
(e) The following formula will be used to determine the number of Board members who shall serve on the Board for each unit:
(1) Each geographic unit or State that includes a total cattle inventory equal to or greater than five hundred thousand (500,000) head of cattle shall be entitled to one representative on the Board;
(2) States which do not have total cattle inventories equal to or greater than five hundred thousand (500,000) head of cattle shall be grouped, to the extent practicable, into geographically contiguous units each of which have a combined total inventory of not less than 500,000 head of cattle and such unit(s) shall be entitled to at least one representative on the Board;
(3) Importers shall be represented by a single unit, with the number of Board members representing such unit based upon a conversion of the total volume of imported cattle, beef or beef products into live animal equivalencies;
(4) Each unit shall be entitled to representation by an additional Board member for each one million (1,000,000) head of cattle within the unit which exceeds the initial five hundred thousand (500,000) head of cattle within the unit qualifying such unit for representation.
(f) In determining the volume of cattle within the units, the Board and the Secretary shall utilize the information received by the Board pursuant to §§ 1260.201 and 1260.202 industry data and data published by the Department.
[51 FR 26138, July 18, 1986, as amended at 55 FR 20445, May 17, 1990; 58 FR 12999, Mar. 9, 1993; 60 FR 62020, Dec. 4, 1995; 64 FR 3815, Jan. 26, 1999; 67 FR 11412, Mar. 14, 2002; 70 FR 7005, Feb. 10, 2005; 73 FR 60098, Oct. 10, 2008; 76 FR 42014, July 19, 2011; 79 FR 46963, Aug. 12, 2014; 82 FR 27612, June 16, 2017; 85 FR 39463, July 1, 2020; 88 FR 76100, Nov. 6, 2023]
(a) The members of the Board shall serve for terms of three (3) years, except that the members appointed to the initial Board shall serve, proportionately, for terms of 1, 2, and 3 years. To the extent practicable, the terms of Board members from the same unit shall be staggered for the initial Board.
(b) Each member shall continue to serve until a successor is appointed by the Secretary.
(c) No member shall serve more than two consecutive 3-year terms in such capacity.
All nominations authorized under this section shall be made in the following manner:
(a) Nominations shall be obtained by the Secretary from eligible organizations. An eligible organization shall only submit nominations for positions on the Board representing units in which such eligible organization can establish that it is certified as an eligible organization to submit nominations for that unit. If the Secretary determines that a unit is not represented by an eligible organization, then the Secretary may solicit nominations from organizations, and producers residing in that unit.
(b) Nominations for representation of the importer unit may be submitted by—
(1) Organizations which represent importers of cattle, beef or beef products, as determined by the Secretary, or
(2) Individual importers of cattle, beef or beef products. Individual importers submitting nominations for representation of the importer unit must establish to the satisfaction of the Secretary that the persons submitting the nominations are importers of cattle, beef or beef products.
(c) After the establishment of the initial Board, the Department shall announce when a vacancy does or will exist. Nominations for subsequent Board members shall be submitted to the Secretary not less than sixty (60) days prior to the expiration of the terms of the members whose terms are expiring, in the manner as described in this section. In the case of vacancies due to reasons other than the expiration of a term of office, successor Board members shall be appointed pursuant to § 1260.146.
(d) Where there is more than one eligible organization representing producers in a unit, they may caucus and jointly nominate two qualified persons for each position representing that unit on the Board for which a member is to be appointed. If joint agreement is not reached with respect to any such nominations, or if no caucus is held, each eligible organization may submit to the Secretary two nominees for each appointment to be made to represent that unit.
Any producer or importer nominated to serve on the Board shall file with the Secretary at the time of the nomination a written agreement to:
(a) Serve on the Board if appointed; and
(b) Disclose any relationship with any beef promotion entity or with any organization that has or is being considered for a contractual relationship with the Board.
(a) From the nominations made pursuant to § 1260.143, the Secretary shall appoint the members of the Board on the basis of representation provided for in § 1260.141.
(b) Producers or importers serving on the Federation Board of Directors shall not be eligible for appointment to serve on the Board for a concurrent term.
To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Board, the Secretary shall request that nominations for a successor for the vacancy be submitted by the eligible organization(s) representing producers or importers of the unit represented by the vacancy. If no eligible organization(s) represents producers or importers in such unit, then the Secretary shall determine the manner in which nominations for the vacancy are submitted.
(a) At a properly convened meeting of the Board, a majority of the members shall constitute a quorum, and any action of the Board at such a meeting shall require the concurring votes of at least a majority of those present at such meeting. The Board shall establish rules concerning timely notice of meetings.
(b) When in the opinion of the chairperson of the Board emergency action is considered necessary, and in lieu of a properly convened meeting, the Board may take action upon the concurring votes of a majority of its members by mail, telephone, or telegraph, but any such action by telephone shall be confirmed promptly in writing. In the event that such action is taken, all members must be notified and provided the opportunity to vote. Any action so taken shall have the same force as though such action had been taken at a regular or special meeting of the Board.
The members of the Board shall serve without compensation, but shall be reimbursed for necessary and reasonable expenses incurred by them in the performance of their duties under this subpart.
The Board shall have the following powers:
(a) To administer the provisions of this subpart in accordance with its terms and provisions;
(b) To make rules and regulations to effectuate the terms and provisions of this subpart;
(c) To receive or initiate, investigate, and report to the Secretary complaints of violations of the provisions of this subpart;
(d) To adopt such rules for the conduct of its business as it may deem advisable;
(e) To recommend to the Secretary amendments to this subpart; and
(f) With the approval of the Secretary, to invest, pending disbursement pursuant to a plan or project, funds collected through assessments authorized under § 1260.172, in, and only in, obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.
The Board shall have the following duties:
(a) To meet not less than annually, and to organize and select from among its members a chairperson, a vice-chairperson and a treasurer and such other officers as may be necessary;
(b) To elect from its members an Executive Committee of no more than 11 and no less than 9 members, whose membership shall, to the extent practicable, reflect the geographic distribution of cattle numbers or their equivalent. The vice-chairperson of the Board shall serve as chairperson of the Executive Committee and the chairperson and the treasurer of the Board shall serve as members of the Executive Committee;
(c) To delegate to the Executive Committee the authority to administer the terms and provisions of this subpart under the direction of the Board and within the policies determined by the Board;
(d) To elect from its members 10 representatives to the Beef Promotion Operating Committee which shall be composed of 10 members from the Board and 10 members elected by the Federation;
(e) To utilize the resources, personnel, and facilities of established national nonprofit industry-governed organizations;
(f) To review and, if approved, submit to the Secretary for approval, budgets prepared by the Beef Promotion Operating Committee on a fiscal period basis of the Committee's anticipated expenses and disbursements in the administration of the Committee's responsibilities, including probable costs of promotion, research, and consumer information and industry information plans or projects, and also including a general description of the proposed promotion, research, consumer information and industry information programs contemplated therein;
(g) To prepare and submit to the Secretary for approval budgets on a fiscal period basis of the Board's overall anticipated expenses and disbursements, including the Committee's anticipated expenses and disbursements, in the administration of this subpart;
(h) To maintain such books and records, which shall be available to the Secretary for inspection and audit, and to prepare and submit such reports from time to time to the Secretary, as the Secretary may prescribe, and to make appropriate accounting with respect to the receipt and disbursement of all funds entrusted to it;
(i)-(j) [Reserved]
(k) To prepare and make public, at least annually, a report of its activities carried out and an accounting for funds received and expended;
(l) To cause its books to be audited by a certified public accountant at least once each fiscal period and at such other times as the Secretary may request, and submit a copy of each such audit to the Secretary;
(m) To give the Secretary the same notice of meetings of the Board as is given to members in order that the Secretary, or his representative may attend such meetings;
(n) To review applications submitted by State beef promotion organizations pursuant to § 1260.181 and to make determinations with regard to such applications;
(o) To submit to the Secretary such information pursuant to this subpart as may be requested; and
(p) To encourage the coordination of programs of promotion, research, consumer information and industry information designed to strengthen the beef industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for beef and beef products.
[51 FR 26138, July 18, 1986, as amended at 60 FR 58502, Nov. 28, 1995]
(a) The Board is authorized to incur such expenses (including provision for a reasonable reserve), as the Secretary finds are reasonable and likely to be incurred by the board for its maintenance and functioning and to enable it to exercise its powers and perform its duties in accordance with this subpart. Administrative expenses incurred by the board shall not exceed 5 percent of the projected revenue of that fiscal period. Expenses authorized in this paragraph shall be paid from assessments collected pursuant to § 1260.172.
(b) The Board shall reimburse the Secretary, from assessments collected pursuant to § 1260.172, for administrative costs incurred by the Department to carry out its responsibilities pursuant to this subpart after the effective date of this subpart.
(c) [Reserved]
(d) Expenditures for the maintenance and expansion of foreign markets for beef and beef products shall be limited to an amount equal to or less than the total amount of assessments paid pursuant to § 1260.172(a).
[51 FR 26138, July 18, 1986, as amended at 53 FR 52631, Dec. 29, 1988 and 54 FR 15918, Apr. 20, 1989; 60 FR 58502, Nov. 28, 1995]