§4806 National Pork Producers Delegate Body

Summary

The Secretary must set up and appoint a National Pork Producers Delegate Body within 60 days after the order starts. The group includes pork producers chosen by each State and importers appointed by the Secretary. For the first Delegate Body, each State follows an initial rule. After that, State associations must pick nominees using a Secretary-approved process that gives at least one week’s public notice in a local newspaper and in pork/agriculture trade papers, and that lets every producer who paid assessments and did not request a refund take part. If a State has no association or fails to submit nominees, the Secretary will tell that State how to nominate. Each State gets at least two producer members. Additional producer seats come from “shares” based on market value: in 1986 one share was each $400,000 of market value; after that, one share equals each $1,000 of assessments collected in the State. States with fewer than 301 shares get two producer members; more than 300 but fewer than 601 get three; more than 600 but fewer than 1,001 get four; above 1,000 get four plus one extra member for each 300 shares over 1,000 (rounded to the nearest 300). Importer shares used a 1986 basis of $575,000 and later one share per $1,000 of importer assessments. Importers get three members for the first 1,000 shares and one extra member for each 300 shares over 1,000 (rounded to the nearest 300). Each producer member’s vote weight equals the State’s shares divided by that State’s number of producer members. Each importer member’s vote weight equals total importer shares divided by the number of importer members. A quorum is members holding a majority of the total votes (fractions count). A motion or election passes by a majority of votes cast when a quorum is present. Members serve one-year terms and stay until successors are named. The Delegate Body picks a chairman at its first annual meeting; after that the Board’s President chairs it. Members are unpaid but may get travel costs from Board assessments. The Delegate Body must meet yearly to nominate people to the Board: at least 23 nominees the first year, then at least 1.5 nominees (rounded up) for each later vacancy, with nominations made by a majority voting in person. The Delegate Body also recommends the assessment rate and any increases and decides what share of State assessments each State association gets.