(a) Establishment and appointment
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.
(b) Membership; number of producer members; number of importer members
(1) The Delegate Body shall consist of—
(A) producers, as appointed by the Secretary in accordance with paragraph (2), from nominees submitted as follows:
(ii) in the case of each succeeding Delegate Body, each State association shall submit nominations selected by such association pursuant to a selection process that—
(II)
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
(2) The number of producer members appointed to the Delegate Body from each State shall equal at least two members, and additional members, allocated as follows:
(A) Shares shall be assigned to each State—
(i)
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
(ii)
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.
(B) If during a calendar year the number of such shares of a State is—
(i)
less than 301, the
State shall receive a total of two
producer members;
(ii)
more than 300 but less than 601, the
State shall receive a total of three
producer members;
(iii)
more than 600 but less than 1,001, the
State shall receive a total of four
producer members; and
(iv)
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.
(3) The number of importer members appointed to the Delegate Body shall be determined as follows:
(A) Shares shall be assigned to importers—
(i)
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
(ii)
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.
(B) The number of importer members appointed to the Delegate Body shall equal a total of—
(i)
three members for the first 1,000 such shares; and
(ii)
one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300.
(c) Voting; quorum; votes necessary for decision
(1) A producer member of the Delegate Body may, in a vote conducted by the Delegate Body for which the member is present, cast a number of votes equal to—
(A)
the number of shares attributable to the
State of the member; divided by
(2) An importer member of the Delegate Body may, in a vote conducted by the Delegate Body for which the member is present, cast a number of votes equal to—
(A)
the number of shares allocated to
importers; divided by
(3)
Members entitled to cast a majority of the votes (including fractions thereof) on the
Delegate Body shall constitute a quorum.
(4)
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.
(d) Term of office
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).
(e) Chairman
(1)
At the first annual meeting, the
Delegate Body shall select a Chairman by a majority vote.
(2)
At each annual meeting thereafter, the President of the
Board shall serve as the Chairman of the
Delegate Body.
(g) Nomination of members to National Pork Board; annual meeting; majority vote in person to nominate
(1) The Delegate Body shall—
(A) nominate—
(i)
not less than 23
persons for appointment to the
Board, for the first year for which nominations are made; and
(ii)
not less than 1½
persons (rounded up to the nearest
person) for each vacancy in the
Board that requires nominations thereafter; and
(B)
submit such nominations to the
Secretary.
(2)
The
Delegate Body shall meet annually to make such nominations.
(h) Duties and functionsThe Delegate Body shall—
(1)
recommend the rate of assessment prescribed by the initial
order and any increase in such rate pursuant to
section 4809(5) of this title; and
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