Title 7AgricultureRelease 119-73

§4807 Selection of Delegate Body

Title 7 › Chapter CHAPTER 79— - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION › § 4807

Last updated Apr 6, 2026|Official source

Summary

Within 30 days after the order starts, the Secretary must ask each State to name candidate producers for the first Delegate Body. State associations can nominate resident producers. More candidates can be added by a written petition signed by 100 producers or 5% of the pork producers in that State, whichever is less. The Secretary will set and announce how and when to file petitions. After getting nominations and by 45 days after the order, the Secretary must call elections in each State. Only producers who live in the State can vote. Election notice must be published at least 1 week before in general newspapers and pork or ag trade publications and may be given in other reasonable ways. Notices must say when and where to vote. Each State will nominate the number of producer members required by law, and the top vote-getters are nominated. After the first election, the Board will run future nominations and elections with the Secretary’s help and using the same rules. The Board sets the election dates. To vote later, a person must be a resident producer, have paid all required assessments, and not have asked for an assessment refund. Before any producer’s term ends, the Board will appoint a nominating committee of producers from that State to pick candidates, and extra candidates may again be added by petition.

Full Legal Text

Title 7, §4807

Agriculture — Source: USLM XML via OLRC

(a)(1)Not later than 30 days after the effective date of the order, the Secretary shall call for the nomination within each State of candidates for appointment as producer members of the initial Delegate Body.
(2)Each State association may nominate producers who are residents of such State to serve as such candidates.
(3)(A)11 So in original. No subpar. (B) has been enacted. Additional producers who are residents of a State may be nominated as candidates of such State by written petition signed by 100 producers or 5 percent of the pork producers in such State, whichever is less. The Secretary shall establish and publicize the procedures governing the time and place for filing petitions.
(b)(1)After the Secretary has received the nominations required under subsection (a) and not later than 45 days after the effective date of the order, the Secretary shall call for an election within each State of persons for appointment as producer members of the initial Delegate Body.
(2)To be eligible to vote in an election held in a State, a person must be a producer who is a resident of such State.
(3)(A)Notice of each such election shall be given by the Secretary—
(i)by publication in a newspaper or newspapers of general circulation in each State, and in pork production and agriculture trade publications, at least 1 week prior to the election; and
(ii)in any other reasonable manner determined by the Secretary.
(B)The notice shall set forth the period of time and places for voting and such other information as the Secretary considers necessary.
(4)Each State shall nominate to the Delegate Body the number of producer members required under section 4806(b)(2)(B) of this title.
(5)The producers who receive the highest number of votes in each State shall be nominated for appointment as members of the Delegate Body from such State.
(c)(1)Except as provided in paragraph (3), after the election of the producer members of the initial Delegate Body, the Board shall administer all subsequent nominations and elections of the producer members to be nominated for appointment as members of the Delegate Body, with the assistance of the Secretary and in accordance with subsections (a)(3) and (b).
(2)The Board shall determine the timing of an election referred to in paragraph (1).
(3)To be eligible to vote in such an election in a State, a person must—
(A)be a producer who is a resident of such State;
(B)have paid all assessments due under section 4809 of this title; and
(C)not demanded a refund of an assessment under section 4813 of this title.
(d)(1)Prior to the expiration of the term of any producer member of the Delegate Body, the Board shall appoint a nominating committee of producers who are residents of the State represented by such member.
(2)Such committee shall nominate producers of such State as candidates to fill the position for which an election is to be held.
(3)Additional producers who are residents of a State may be nominated to fill such positions in accordance with subsection (a)(3).

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4807

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73