Sec. 1617. national pork producers delegate body
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## Sec. 1617 national pork producers delegate body **[**[7 U.S.C. 4806](/us/usc/t7/s4806)**]** ###
(a)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)####
(1)The Delegate Body shall consist of— #####
(A)producers, as appointed by the Secretary in accordance with paragraph (2), from nominees submitted as follows: ######
(i)in the case of the initial Delegate Body appointed by each State in accordance with section 1618. ######
(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— ######
(I)is approved by the Secretary; ######
(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 ######
(III)that provides complete and equal access to the nominating process to every producer who has paid all assessments due under section 1620 and not demanded a refund under section 1624, or pursuant to an election of nominees conducted in accordance with section 1618. ######
(iii)In the case of a State that has a State association that does not submit nominations or that does not have a State association, such State shall submit nominations in a manner prescribed by the Secretary; and #####
(B)importers, as appointed by the Secretary in accordance with paragraph (3). ####
(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 1624) in such State from persons described in section 1620(a)(1)
(A)and (B), 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 1624) 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)####
(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 #####
(B)the number of producer members from such State. ####
(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 #####
(B)the number of importer members. ####
(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)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)####
(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. ###
(f)A member of the Delegate Body shall serve without compensation, but may be reimbursed by the Board from assessments collected under section 1620 for transportation expenses incurred in performing duties as a member of the Delegate Body. ###
(g)####
(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. ####
(3)A majority of the Delegate Body shall vote in person in order to nominate members to the Board. ###
(h)The Delegate Body shall— ####
(1)recommend the rate of assessment prescribed by the initial order and any increase in such rate pursuant to section 1620(5); and ####
(2)determine the percentage of the aggregate amount of assessments collected in a State that each State association shall receive under section 1620(c)(1).
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Sec. 1617
national pork producers delegate body
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