An order issued under this chapter shall contain the terms and conditions specified in this section.
Producers shall be appointed to the Board to represent States, with each State represented by the following number of members:
Alabama |
1 |
Alaska |
1 |
Arizona |
1 |
Arkansas |
1 |
California |
5 |
Colorado |
4 |
Connecticut |
1 |
Delaware |
1 |
Florida |
1 |
Georgia |
1 |
Hawaii |
1 |
Idaho |
2 |
Illinois |
1 |
Indiana |
1 |
Iowa |
2 |
Kansas |
1 |
Kentucky |
1 |
Louisiana |
1 |
Maine |
1 |
Maryland |
1 |
Massachusetts |
1 |
Michigan |
1 |
Minnesota |
2 |
Mississippi |
1 |
Missouri |
1 |
Montana |
5 |
Nebraska |
1 |
Nevada |
1 |
New Hampshire |
1 |
New Jersey |
1 |
New Mexico |
2 |
New York |
1 |
North Carolina |
1 |
North Dakota |
2 |
Ohio |
1 |
Oklahoma |
1 |
Oregon |
2 |
Pennsylvania |
1 |
Rhode Island |
1 |
South Carolina |
1 |
South Dakota |
4 |
Tennessee |
1 |
Texas |
10 |
Utah |
3 |
Vermont |
1 |
Virginia |
1 |
Washington |
1 |
West Virginia |
1 |
Wisconsin |
1 |
Wyoming |
5 |
The Secretary shall appoint producers to represent units established under paragraph (1)(A) from nominations submitted by eligible organizations certified under subsection (c)(3). An eligible organization may submit only nominations from the membership of the organization for the unit in which the organization is located. To be represented on the Board, each eligible organization shall submit to the Secretary at least 1.5 nominations for each appointment to the Board for which the unit is entitled to representation, as determined under paragraph (1)(A). If a unit is entitled to 1 appointment on the Board, the unit shall submit at least 2 nominations for the appointment.
The Secretary shall appoint representatives of the feeder sheep industry to seats established under paragraph (1)(B) from nominations submitted by qualified national organizations that represent the feeder sheep industry. To be represented on the Board, the industry shall provide at least 1.5 nominations for each appointment to the Board for which the feeder sheep industry is entitled to representation, as determined under paragraph (1)(B).
The Secretary shall appoint importers to seats established under paragraph (1)(C) from nominations submitted by qualified organizations that represent importers, as determined by the Secretary. To be represented on the Board, importers shall provide at least 1.5 nominations for each appointment to the Board for which importers are entitled to representation, as determined under paragraph (1)(C).
The Secretary shall solicit nominations for each seat on the initially established Board to which a unit is entitled to representation from eligible organizations certified under paragraph (3). If no such organization exists in the unit, the Secretary shall solicit nominations for appointments in such manner as the Secretary determines appropriate.
The eligibility of any organization to represent producers, and to participate in the making of nominations to represent producers under this section, shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established by the Secretary under this paragraph. An eligibility determination of the Secretary under this paragraph shall be final.
Each appointment to the Board shall be for a term of 3 years, except that appointments to the initially established Board shall be proportionately for 1-year, 2-year, and 3-year terms. No person may serve more than 2 consecutive 3-year terms, except that an elected officer of the Board shall not be subject to this sentence while the officer holds office.
The order shall provide that the Board shall review budgets submitted by the Executive Committee, on a fiscal year basis, of anticipated expenses and disbursements by the Board, including probable costs of administration and promotion, research, consumer information, education, industry information, and producer information projects. On approval by the Board, the Board shall submit the budget to the Secretary for the approval of the Secretary.
The order shall establish an Executive Committee to administer the terms and provisions of the order, as provided in this subsection, under the direction of the Board and consistent with the policies determined by the Board.
The Executive Committee shall develop plans or projects of promotion, research, consumer information, education, industry information, and producer information, which shall be paid for with assessments collected by the Board. The plans or projects shall not become effective until the plans or projects are approved by the Secretary.
The Executive Committee shall be responsible for developing and submitting to the Board, for the approval of the Board, budgets, on a fiscal year basis, of the anticipated expenses and disbursements of the Board, including probable costs of promotion, research, consumer information, education, industry information, and producer information projects. The Board shall approve or disapprove a budget submitted by the Executive Committee, and, if approved, shall submit the budget to the Secretary for the approval of the Secretary.
The order shall provide that the Board shall be responsible for all expenses of the Board and the Executive Committee.
Except as provided in clause (ii), the rate of assessment under this paragraph shall be 1 cent per pound of live sheep sold.
The rate of assessment under this paragraph may be raised or lowered not more than 15⁄100 of a cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this paragraph shall not exceed 2.5 cents per pound of live sheep sold.
Any person purchasing greasy wool for processing shall collect the assessment and remit the assessment to the Board in the manner prescribed by the order.
Except as provided in clause (ii), the rate of assessment under this paragraph shall be 2 cents per pound of greasy wool.
The rate of assessment under this paragraph may be raised or lowered not more than 2⁄10 of a cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this paragraph shall not exceed 4 cents per pound of greasy wool.
The order shall provide that any person importing sheep or sheep product, and any person importing wool or products containing wool, into the United States shall pay an assessment to the Board in the manner prescribed by the order, except that this paragraph shall not apply to raw wool that is imported into the United States.
The Customs Service shall collect the assessment required under this paragraph and remit the assessment to the Secretary for disbursement to the Board.
The rate of assessment under this subparagraph may be raised or lowered not more than 15⁄100 cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this subparagraph shall not exceed 2.5 cents per pound.
Except as provided in clause (ii), the rate of assessment under this paragraph for wool and products containing wool, shall be 2 cents per pound of degreased wool or the equivalent of degreased wool.
The rate of assessment under this subparagraph may be raised or lowered not more than 2⁄10 cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this subparagraph shall not exceed 4 cents per pound of degreased wool or the equivalent of degreased wool.
Except as provided in subparagraph (B), the order shall provide that 20 percent of the total assessments collected by the Board on the marketing of domestic sheep and domestic sheep products in any 1 year from a State shall be returned to the qualified State sheep board of the State.
No qualified State sheep board shall receive less than $2,500 under subparagraph (A) in any year.
A plan or project conducted under this chapter shall not make false or misleading claims on behalf of sheep or sheep products or against a competing product.
The order shall require that each person making payment to a producer, feeder, or handler for sheep or sheep products, each importer and exporter of sheep or sheep products, and each person marketing sheep products of the person’s own production to maintain, and make available for inspection, such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order.
The Secretary shall authorize the use under this chapter of information regarding persons paying producers, feeders, importers, handlers, or processors that is accumulated under a law or regulation other than this chapter or a regulation issued under this chapter.
Except as otherwise provided in this chapter, all information obtained under paragraph (1) or (2) shall be kept confidential by all officers and employees of the Department and of the Board.
No information obtained under this chapter may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of this chapter or any investigatory or enforcement action necessary for the implementation of this chapter.
Any person who willfully violates this paragraph, on conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both, and if the person is an officer or employee of the Board or the Department, shall be removed from office.