7 U.S. Code § 7464 - National Kiwifruit Board
Subject to the 11-member limit, the Secretary may adjust membership on the Board to accommodate changes in production and import levels of kiwifruit.
The Secretary shall appoint the members of the Board from nominations submitted in accordance with this subsection.
The members who are producers referred to in subsection (a)(1) shall be appointed from individuals nominated by producers.
The members who are importers or exporters referred to in subsection (a)(1) shall be appointed from individuals nominated by importers or exporters.
The public representative shall be appointed from nominations submitted by other members of the Board.
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.
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.
1998—Subsec. (a). Pub. L. 105–185, § 603(b)(1), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:
“(1) 6 members who are producers (or representatives of producers) and who are not exempt from an assessment under section 7465(b) of this title.
“(2) 4 members who are importers (or representatives of importers) and who are not exempt from an assessment under section 7465(b) of this title or are exporters (or representatives of exporters).
“(3) 1 member appointed from the general public.”
Subsec. (b). Pub. L. 105–185, § 603(b)(2), struck out par. (1) designation and heading, struck out “and to paragraph (2)” after “11-member limit”, and struck out heading and text of par. (2). Text read as follows: “Producers shall comprise not less than 51 percent of the membership of the Board.”
Subsec. (c)(2). Pub. L. 105–185, § 603(b)(3)(A), inserted “who are producers” after “members”.
Subsec. (c)(3). Pub. L. 105–185, § 603(b)(3)(B), inserted “who are importers or exporters” after “members” and substituted “(a)(1)” for “(a)(2)”.
Subsec. (c)(5). Pub. L. 105–185, § 603(b)(3)(C), inserted “and alternate” before “may be appointed” in second sentence.