§ 6005.
(b)
Pecan Marketing Board
(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 membership
The 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 representatives
Of 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 membership
In 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.
(9)
Terms of office
(A)
In general
The members of the Board shall serve for a term of 3 years, except that the members appointed to the initial Board established under paragraph (8)(G) shall serve, proportionately, for terms of 1, 2, and 3 years, as determined by the Secretary.
(B)
Termination of terms
Notwithstanding subparagraph (C), each member shall continue to serve until a successor is appointed by the Secretary.
(C)
Limitation on terms
No individual may serve more than 2 consecutive 3-year terms as a member.
(D)
Vacancies
(i)
Submitting nominations
To fill any vacancy created by the death, removal, resignation, or disqualification of any member of the Board, the Secretary shall request that at least 2 eligible nominations for a successor for each such vacancy be submitted by the Board in the manner provided in paragraph (8).
(ii)
Lack of nominations
If at least 2 eligible nominations are not submitted under clause (i), the Secretary shall determine the manner of submission of nominations for the vacancy.
(10)
Compensation
A member of the Board shall serve without compensation, but shall be reimbursed for necessary and reasonable expenses incurred in the performance of duties for and approved by the Board.
(c)
Powers and duties of Board
The plan shall define the powers and duties of the Board, which shall include the power and duty—
(1)
to administer the plan in accordance with its terms and conditions;
(2)
to make regulations to effectuate the terms and conditions of the plan;
(3)
to meet, organize, and select from among members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines appropriate;
(4)
to establish working committees of persons other than Board members;
(5)
to employ such persons, other than Board members, as the Board considers necessary and to determine the compensation and define the duties of such persons;
(6)
to prepare and submit for the approval of the Secretary, prior to the beginning of each fiscal period, a recommended rate of assessment under
section 6007 of this title, and a fiscal period budget of the anticipated expenses in the administration of the plan, including the probable costs of all programs and projects;
(7)
to develop programs and projects, subject to subsection (d);
(8)
to enter into contracts or agreements, subject to subsection (e), to develop and carry out programs or projects of promotion, research, industry information and consumer information;
(9)
to carry out research, promotion, industry information, and consumer information, and to pay the costs of such projects with assessments collected pursuant to
section 6007 of this title;
(10)
to keep minutes, books, and records that reflect the actions and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary;
(11)
to appoint and convene, from time to time, working committees comprised of growers, grower-shellers, first handlers, shellers, importers, and the public to assist in the development of research, promotion, industry information, and consumer information programs for pecans;
(12)
to invest, pending disbursement under a program or project, funds collected through assessments authorized under this chapter, only in—
(A)
obligations of the United States or any agency thereof;
(B)
general obligations of any State or any political subdivision thereof;
(C)
any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or
(D)
obligations fully guaranteed as to principal and interest by the United States;
except that income from any such invested funds may be used for any purpose for which the invested funds may be used;
(13)
to receive, investigate, and report to the Secretary complaints of violations of the plan;
(14)
to furnish the Secretary with such information as the Secretary may request;
(15)
to recommend to the Secretary amendments to the plan; and
(16)
to develop and recommend to the Secretary for approval such regulations as may be necessary for the development and execution of programs or projects, or as may otherwise be necessary, to carry out the plan.
(g)
Prohibition
The Board shall not engage in any action to, nor shall any funds received by the Board under this chapter be used to—
(1)
influence legislation or governmental action, other than recommending to the Secretary amendments to the plan;
(2)
engage in any action that would be a conflict of interest; or
(3)
engage in any advertising that may be false or misleading.
(j)
Other terms and conditions
The plan also shall contain such terms and conditions, not inconsistent with this chapter, as determined necessary by the Secretary to effectuate this chapter.
([Pub. L. 101–624, title XIX, § 1910], Nov. 28, 1990, [104 Stat. 3841]; [Pub. L. 102–237, title VIII, § 802(2)], Dec. 13, 1991, [105 Stat. 1882].)