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7 U.S. Code § 7804. Required terms in orders
(a) In general
An order shall contain the terms and provisions specified in this section.
(b) Hass Avocado Board
(1) Establishment and membership
(A) Establishment
The order shall provide for the establishment of a Hass Avocado Board, consisting of 12 members, to administer the order.
(B) Membership
(i) Appointment
The order shall provide that members of the Board shall be appointed by the Secretary from nominations submitted as provided in this subsection.
(ii) Composition
The Board shall consist of participating domestic producers and importers.
(C) Special definition of importer
In this subsection, the term “importer” means a person who is involved in, as a substantial activity, the importation, sale, and marketing of Hass avocados in the United States (either directly or as an agent, broker, or consignee of any person or nation that produces or handles Hass avocados outside the United States for sale in the United States), and who is subject to assessments under the order.
(2) Distribution of appointments
(A) In generalThe order shall provide that the membership of the Board shall consist of the following:
(i)
Seven members who are domestic producers of Hass avocados and are subject to assessments under the order.
(ii)
Two members who represent importers of Hass avocados and are subject to assessments under the order.
(iii)
Three members who are domestic producers of Hass avocados and are subject to assessments under the order, or are importers of Hass avocados and are subject to assessments under the order, to reflect the proportion of domestic production and imports supplying the United States market, which shall be based on the Secretary’s determination of the average volume of domestic production of Hass avocados proportionate to the average volume of imports of Hass avocados in the United States over the previous 3 years.
(B) Adjustment in Board representation
Three years after the assessment of Hass avocados commences pursuant to an order, and at the end of each 3-year period thereafter, the Avocado Board shall adjust the proportion of producer representatives to importer representatives on the Board under subparagraph (A)(iii) on the basis of the amount of assessments collected from producers and importers over the immediately preceding 3-year period. Any adjustment under this subparagraph shall be subject to the review and approval of the Secretary.
(3) Nomination processThe order shall provide that—
(A)
two nominees shall be submitted for each appointment to the Board;
(B) nominations for each appointment of a producer or an importer shall be made by domestic producers or importers, respectively—
(i)
in the case of producers, through an election process which utilizes existing organizations of avocado producers established pursuant to a State statute, with approval by the Secretary; and
(ii)
in the case of importers, nominations are submitted by importers under such procedures as the Secretary determines appropriate; and
(C)
in any case in which producers or importers fail to nominate individuals for an appointment to the Board, the Secretary may appoint an individual to fill the vacancy on a basis provided in the order or other regulations of the Secretary.
(4) Alternates
The order shall provide for the selection of alternate members of the Board by the Secretary in accordance with procedures specified in the order.
(5) TermsThe order shall provide that—
(A)
each term of appointment to the Board shall be for 3 years, except that, of the initial appointments, four of the appointments shall be for 2-year terms, four of the appointments shall be for 3-year terms, and four of the appointments shall be for 4-year terms; and
(B)
no member of the Board may serve more than 2 consecutive terms of 3 years, except that any member serving an initial term of 4 years may serve an additional term of 3 years.
(6) Replacement
(A) Disqualification from Board service
The order shall provide that if a member or alternate of the Board who was appointed as a domestic producer or importer ceases to belong to the group for which such member was appointed, such member or alternate shall be disqualified from serving on the Board.
(B) Manner of filling vacancy
A vacancy arising as a result of disqualification or any other reason before the expiration of the term of office of an incumbent member or alternate of the Board shall be filled in a manner provided in the order.
(7) Compensation
The order shall provide that members and alternates of the Board shall serve without compensation, but shall be reimbursed for the reasonable expenses incurred in performing duties as members or alternates of the Board.