Federal · Title 7 — Agriculture

7 U.S.C. § 4806: National Pork Producers Delegate Body

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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. in the case of the initial Delegate Body appointed by each State in accordance with section 4807 of this title . is approved by the Secretary; 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 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 , 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 importers, as appointed by the Secretary in accordance with paragraph (3). 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 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. less than 301, the State shall receive a total of two producer members; more than 300 but less than 601, the State shall receive a total of three producer members; more than 600 but less than 1,001, the State shall receive a total of four producer members; and 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. 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 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. three members for the first 1,000 such shares; and one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300. the number of shares attributable to the State of the member; divided by the number of producer members from such State. the number of shares allocated to importers; divided by the number of importer members. Members entitled to cast a majority of the votes (including fractions thereof) on the Delegate Body shall constitute a quorum. 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. 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). At the first annual meeting, the Delegate Body shall select a Chairman by a majority vote. At each annual meeting thereafter, the President of the Board shall serve as the Chairman of the Delegate Body. 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. not less than 23 persons for appointment to the Board, for the first year for which nominations are made; and not less than 1½ persons (rounded up to the nearest person) for each vacancy in the Board that requires nominations thereafter; and submit such nominations to the Secretary. The Delegate Body shall meet annually to make such nominations. A majority of the Delegate Body shall vote in person in order to nominate members to the Board. 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 1 So in original. Probably should be section “4809(b)”. 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 .

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