Title 7, AgricultureRelease 119-110

§4807 Selection of Delegate Body

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

Last updated Sep 23, 2026|Official source

Summary

The Secretary must ask for nominees in each State within 30 days after the order goes into effect. State associations can put forward resident producers. More candidates can be added by a written petition signed by 100 producers or 5 percent of the State’s pork producers, whichever is less. The Secretary will say how and when petitions are filed. After nominations and within 45 days of the effective date, the Secretary must hold elections in each State. Only producers who live in the State can vote. Election notices must be given at least 1 week before by newspapers and trade publications and in other reasonable ways. Each State will nominate the number of producer members required under section 4806(b)(2)(B). The top vote-getters in each State are nominated for appointment. After the first Delegate Body is chosen, the Board will run later nominations and elections with the Secretary’s help and will set the election dates. To vote in later elections, a person must be a resident producer, have paid all assessments under section 4809, and not have asked for a refund under section 4813. Before a member’s term ends, the Board must appoint a State nominating committee of resident producers to name candidates. Additional candidates can still be added by petition as above.

Full Legal Text

Title 7, §4807

Agriculture, Source: USLM XML via OLRC

(a)Nominations
(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)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)Election; eligibility to vote; notice of election; number of members nominated
(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)Subsequent nominations and elections to be administered by Board; time of election; voting eligibility
(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)Nominating committee; appointment; nomination to fill position for pending election
(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 7, Agriculture

Last Updated

Sep 23, 2026

Release point: 119-110