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7 U.S. Code § 6005. Required terms in plans
(a) In general
Each plan issued under this chapter shall contain the terms and conditions prescribed in this section.
(b) Pecan Marketing Board
(1) Establishment
The plan shall establish a Pecan Marketing Board to carry out the program referred to in section 6001(b) of this title.
(2) Service to entire industry
The Board shall carry out programs and projects that will provide maximum benefit to the pecan industry in all parts of the United States and only generically promote pecans.
(3) Board membershipThe Board shall consist of 15 members, including—
(A)
8 members who are growers;
(B)
4 members who are shellers;
(C)
one member who is a first handler and who derives over 50 percent of the member’s gross income from buying and selling pecans;
(D)
one member who is an importer of pecans into the United States, nominated by the Board;
(E)
one member representing the general public, nominated by the Board; and
(F)
at the option of the Board, a consultant or advisor representing the views of pecan producers in a country other than the United States who may be chosen to attend Board functions as a nonvoting member.
(4) Representation of members
(A) Grower representatives
Of the growers referred to in paragraph (3)(A), 2 members shall be from each district.
(B) Sheller representativesOf the shellers referred to in paragraph (3)(B)—
(i)
2 members shall be selected from among shellers whose place of residence is east of the Mississippi River; and
(ii)
2 members shall be selected from among shellers whose place of residence is west of the Mississippi River.
(C) First handler representative
The first handler representative on the Board referred to in paragraph (3)(C) shall be selected from among first handlers whose place of residence is in a district.
(D) Importer representative
The importer representative on the Board referred to in paragraph (3)(D) shall be an individual who imports pecans into the United States.
(E) Public representative
The public representative on the Board referred to in paragraph (3)(E) shall not be a grower, grower-sheller, sheller, first handler, or importer.
(5) Alternate for each member
Each member of the Board shall have an alternate with the same qualifications as the member such alternate would replace.
(6) Limitation on State residence
There shall be no more than one member from each State in each district, except that the State of Georgia may have 2 growers from such State representing the district that it is in.
(7) Modifying Board membershipIn accordance with regulations approved by the Secretary, at least once each 3 years and not more than once each 2 years, the Board shall—
(A)
review the geographic distribution of pecan production throughout the United States; and
(B)
if warranted, recommend to the Secretary that the Secretary reapportion a district in order to reflect the geographic distribution of pecan production.
(8) Selection process for members
(A) Publicity
The Board shall give reasonable publicity to the industry for nomination of persons interested in being nominated for Board membership.
(B) Eligibility
Each grower and sheller shall be eligible to vote for the nomination of members who represent that class of members on the Board. Growers shall be eligible to vote for the nomination of the first handler members on the Board.
(C) Selection of nominees
Each person referred to in subparagraph (B) shall have one vote. The 2 eligible candidates receiving the largest number of votes cast for each Board position for each class of members shall be the nominees for such position.
(D) Certification
Except for the establishment of the initial Board, the nominations made under subparagraph (C) and subsections (b)(3)(D) and (b)(3)(E) shall be certified by the Board and submitted to the Secretary no later than May 1 or such other date recommended by the Board and approved by the Secretary preceding the commencement of the term of office for Board membership, as established in paragraph (9).
(E) Appointment
To each vacant Board position, the Secretary shall appoint 1 individual from among the nominees certified and submitted under subparagraph (D).
(F) Rejection of nominees
The Secretary may reject any nominee submitted under subparagraph (D). If there are insufficient nominees from which to appoint members to the Board as a result of the Secretary’s rejecting such nominees, additional nominees shall be submitted to the Secretary in the same manner.
(G) Initial Board
The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in subparagraphs (A), (B), and (C) of paragraph (3), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. Nominations for those members of the initial Board described in subparagraphs (D) and (E) of paragraph (3) shall be made in accordance with paragraph (3).
(H) Failure to nominate
If growers and shellers fail to nominate individuals for appointment, the Secretary may appoint members on a basis provided for in the plan. If the Board fails to nominate an importer or a public representative, such member may be appointed without a nomination.