7 U.S.C. § 7464 — National Kiwifruit Board

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 578 words · no verdicts yet

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The kiwifruit order creates an 11-member National Kiwifruit Board: 10 producers, exporters, or importers, plus 1 public member. The Secretary appoints members and their alternates for three-year terms, and the Board runs the program, makes rules, and reports violations to the Secretary.

(a) Membership. The order must set up an 11-member National Kiwifruit Board: (1) 10 members who are producers, exporters, or importers (or represent them), chosen based proportionally on production and import levels; and (2) 1 member from the general public. (b) Adjustment of membership. Within that 11-member cap, the Secretary can adjust who's represented as production and import levels change. (c) Appointment and nomination. The Secretary appoints members from nominations: producer members from nominations by producers, importer/exporter members from nominations by importers/exporters, and the public member from nominations by the other Board members. If a group fails to nominate anyone, the Secretary can appoint members and alternates as the order allows — and can appoint a public representative without a nomination if the Board fails to nominate one. (d) Alternates. The Secretary appoints an alternate for each Board member, chosen the same way as the member. The alternate serves whenever the member is absent from a meeting or disqualified. (e) Terms. Members serve three-year terms and can't serve more than two terms in a row. For the very first Board, though, 5 members serve two-year terms and 6 members serve three-year terms. (f) Disqualification. If a member or alternate stops belonging to the group they were appointed to represent (producer, importer, exporter, or public), they're disqualified from serving. (g) Compensation. Board members and alternates serve without pay. (h) General powers and duties. The Board must: (1) run the order (and any amendments) according to its terms and this law; (2) write rules and regulations to carry out the order; (3) organize itself and choose a chairperson, other officers, and any committees it needs; (4) look into and report violations of the order to the Secretary; (5) recommend amendments to the order to the Secretary; and (6) hire or contract with a manager and staff — while trying, to save money, to use people already connected to existing state-chartered kiwifruit-promotion organizations.

the actual law source: uscode.house.gov ↗public domain

(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.

(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) 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) 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).

(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.

Source credit: (Pub. L. 104–127, title V, § 555, Apr. 4, 1996, 110 Stat. 1066; Pub. L. 105–185, title VI, § 603(b), June 23, 1998, 112 Stat. 585.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-127 · 110 Stat. 1066
1998Amended · Pub. L. 105-185 · 112 Stat. 585

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

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