Title 7, AgricultureRelease 119-110

§4806 National Pork Producers Delegate Body

Title 7 › CHAPTER 79 — PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION › § 4806

Last updated Sep 23, 2026|Official source

Summary

Set up a National Pork Producers Delegate Body, with the Secretary appointing its members within 60 days after the order starts. Members are pork producers chosen from State nominations and importers chosen by the Secretary. State associations pick nominees using a Secretary-approved method that gives at least one week’s public notice and equal access to producers who paid assessments and did not ask for refunds; if a State has no association, the Secretary will tell the State how to nominate. Each State gets at least two producer members, with more based on “shares.” For 1986, one share = $400,000 of farm market value; after that, one share = $1,000 of assessments collected (rounding rules apply). Share totals give each State 2, 3, or 4 members at set ranges, and one extra member for about each 300 shares over 1,000. Importer shares used a $575,000 rule for 1986 and $1,000 per $1,000 of importer assessments after that. Importers get three members for the first 1,000 shares and one more for each 300 shares over 1,000. Each member’s vote equals the shares for their group divided by the number of members in that group. A quorum is members holding a majority of votes, and a majority of votes cast wins. Members serve one-year terms until successors are named. The Delegate Body picks a chairman at its first annual meeting; after that, the Board’s President is chairman. Members are not paid but may be reimbursed for travel. Each year the body meets to nominate people to the National Pork Board (at least 23 names the first year, and thereafter at least 1.5 names per vacancy rounded up); nominations must be made by an in-person majority vote. The Delegate Body also recommends assessment rates and decides how assessment money collected in a State is split among State associations.

Full Legal Text

Title 7, §4806

Agriculture, Source: USLM XML via OLRC

(a)Establishment and appointment
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)Membership; number of producer members; number of importer members
(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 4807 of this title.
(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 4809 of this title and not demanded a refund under section 4813 of this title,
or pursuant to an election of nominees conducted in accordance with section 4807 of this title.
(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 4813 of this title) in such State from persons described in section 4809(a)(1)(A) and (B) of this title, 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 4813 of this title) 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)Voting; quorum; votes necessary for decision
(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)Term of office
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)Chairman
(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)Compensation
A member of the Delegate Body shall serve without compensation, but may be reimbursed by the Board from assessments collected under section 4809 of this title for transportation expenses incurred in performing duties as a member of the Delegate Body.
(g)Nomination of members to National Pork Board; annual meeting; majority vote in person to nominate
(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)Duties and functions
The Delegate Body shall—
(1)recommend the rate of assessment prescribed by the initial order and any increase in such rate pursuant to section 4809(5) of this title; and
(2)determine the percentage of the aggregate amount of assessments collected in a State that each State association shall receive under section 4809(c)(1) of this title.

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. § 4806

Title 7, Agriculture

Last Updated

Sep 23, 2026

Release point: 119-110