Section 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.(b) Election; eligibility to vote; notice of election; number of members nominated(1) After the Secretary has received the nominations required under subsection (a) 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.(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).(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-(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 be nominated to fill such positions in accordance with subsection (a)(3).1So in original. No subpar. (B) has been enacted.
Pub. L. 99-198, title XVI, §1618, Dec. 23, 1985, 99 Stat. 1611.STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Jan. 1, 1986, see section 1631 of Pub. L. 99-198 set out as a note under section 4801 of this title.
- Board
- The term "Board" means the National Pork Board established under section 4808 of this title.
- Delegate Body
- The term "Delegate Body" means the National Pork Producers Delegate Body established under section 4806 of this title.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- State association
- The term "State association" means-(A) the single organization of pork producers in a State that is-(i) organized under the laws of the State in which such association operates; and(ii) recognized by the chief executive officer of such State as representing the pork producers of such State; or(B) if such organization does not exist on January 1, 1986, an organization that represents not fewer than 50 pork producers who market annually, in the aggregate, not less than 10 percent of the volume (measured in pounds) of porcine animals marketed in such State.
- State
- The term "State" means each of the 50 States.
- order
- The term "order" means a pork and pork products promotion, research, and consumer information order issued under section 4803 of this title.
- person
- The term "person" means an individual, group of individuals, partnership, corporation, association, organization, cooperative, or other entity.
- pork
- The term "pork" means the flesh of a porcine animal.
- producer
- The term "producer" means a person who produces porcine animals in the United States for sale in commerce.