01-001 C.M.R. ch. 4, § 3 - ESTABLISHMENT OF THE APPLE MARKETING COMMITTEE

A. Membership and representation. The membership of the Apple Marketing Committee shall be as defined in the Apple Market Order. one member shall represent the Eastern District, two members the Western District, and two members the Central District, providing not more than one member shall be from any single grower operation.

B. Initial Appointments. The apple producer members of the initial Apple Marketing Committee shall be selected and appointed by the Commissioner from nominations made through the following procedure.

(1) The Commissioner shall cause to be held a meeting or meetings of apple producers at which time the producers in attendance shall nominate a total of eleven growers to be eligible for appointment to the Apple Marketing Committee.

(2) Of the eleven nominees, four shall be growers whose orchards are principally located in the Western District, four shall be growers whose orchards are principally located in the Central District, and three shall be growers whose orchards are principally located in the Eastern District.

(3) The first meeting of growers for the purpose of nominating members of the marketing committee shall be held not later than August 15, 1983.

C. Election Procedures. The following election procedures shall be instituted.

(1) The initial Apple Marketing Committee shall cause an election to he held to, select subsequent members of the Apple Marketing Committee. Beginning in calendar year 1984, an annual meeting shall be held between January I and August 15 for the purpose of nominating members of the Apple Marketing Committee. Nominations of apple producers for the Apple Marketing Committee election shall be as provided in subsection B.(2).

(2) Election of members shall be conducted by written ballot and subject to the approval of the Commissioner.

D. Term of Office. Members of the Apple Marketing Committee shall serve at the pleasure of the Commissioner for the following periods.

(1) Any person selected for appointment by the Commissioner pursuant to subsection B or elected pursuant to subsection C shall qualify by being sworn to office by a Justice of the Peace and by filing a written acceptance with the Secretary of State within 30 days of being notified of selection.

(2) The Commissioner in making initial appointments pursuant to subsection 13 shall appoint two members for terms of three years, two members for terms of two years, and one member for a term of one year. Subsequent terms of office except appointments to fill vacancies pursuant to subsection E shall be filled pursuant to subsection C and shall be for three years each.

(3) No member shall serve for more than two consecutive terms.

(4) In all cases, members shall continue to serve until a successor has been appointed and qualified.

E. Vacancies. Vacancies in the Apple Marketing Committee shall be filled by the Commissioner consistent with the following guidelines.

(1) To fill any vacancy caused by the failure of any initial appointment to qualify or in the event of the death, removal, resignation or disqualification of any member, a successor for the unexpired term shall, if possible, be selected by the Commissioner from the previously unselected nominations made pursuant to subsection B.

(2) in the event of any other failure of apple producers to provide the requisite nominations or elected representatives, or in the event of other vacancies, the Commissioner shall make the necessary appointments in such manner as he determines appropriate with the advice of the existing members of the Apple Marketing Committee.

(3) In all cases, the geographic representation established in subsection A and the staggered terms established pursuant to subsection D shall be maintained.

F. Duties. The Apple Marketing Committee shall advise and assist the Commissioner in all matters pertaining to the operation of the Apple Market Order, subject only to the limitations of § 427 of the Act. Such duties may specifically include any or all of the following:

(1) the recommendation to the Commissioner of administrative rules and regulations relating to the marketing order;

(2) the recommendation to the Commissioner of such amendments to the marketing order as seem advisable;

(3) the preparation and submission to the Commissioner of the estimated budget required for the proper operation of the marketing order;

(4) the recommendation to the Commissioner of methods for assessing members of the industry and methods for collecting the necessary funds;

(5) the provision of assistance to the Commissioner in the collection and assembling of information and data necessary to the proper administration of the order;

(6) the performance of such other duties in connection with the marketing order as the Commissioner shall designate.

Notes

01-001 C.M.R. ch. 4, § 3