§7464 — Title 7 Agriculture | U.S. Code

Summary

Creates a National Kiwifruit Board made up of 11 people. Ten are producers, exporters, or importers (or their representatives) chosen so their shares match U.S. production and import levels. One is a member of the general public. The Secretary appoints members from nominations: producers nominate producer members, importers/exporters nominate theirs, and the Board members nominate the public representative. If a group does not nominate anyone, the Secretary can appoint someone. The Secretary may change how many of each type serve to reflect changes in production and imports, but the Board cannot have more than 11 members. The Secretary also appoints one alternate for each member in the same way. Alternates fill in when a member is absent or is disqualified because they no longer belong to the group they represent. Members serve 3-year terms and may serve no more than two back-to-back 3-year terms; at the start, five members have 2-year terms and six have 3-year terms. Members and alternates are unpaid. The Board runs and enforces the Secretary’s kiwifruit order, makes rules, meets and selects officers, investigates violations and reports them to the Secretary, recommends changes to the order, and hires a manager and staff, with a preference for people already working with state-chartered kiwifruit promotion groups to save costs.

Title 7, §7464

Agriculture — Source: USLM XML via OLRC

(a)An order issued by the Secretary under section 7463 of this title shall provide for the establishment of a National Kiwifruit Board that consists of the following 11 members:

(1)10 members who are producers, exporters, or importers (or their representatives), based on a proportional representation of the level of domestic production and imports of kiwifruit (as determined by the Secretary).

(2)1 member appointed from the general public.

(b)Subject to the 11-member limit, the Secretary may adjust membership on the Board to accommodate changes in production and import levels of kiwifruit.

(c)(1)The Secretary shall appoint the members of the Board from nominations submitted in accordance with this subsection.

(2)The members who are producers referred to in subsection (a)(1) shall be appointed from individuals nominated by producers.

(3)The members who are importers or exporters referred to in subsection (a)(1) shall be appointed from individuals nominated by importers or exporters.

(4)The public representative shall be appointed from nominations submitted by other members of the Board.

(5)If producers, importers, and exporters fail to nominate individuals for appointment, the Secretary may appoint members and alternates on a basis provided for in the order. If the Board fails to nominate a public representative, the member and alternate may be appointed by the Secretary without a nomination.

(d)The Secretary shall appoint an alternate for each member of the Board. An alternate shall—

(1)be appointed in the same manner as the member for whom the individual is an alternate; and

(2)serve on the Board if the member is absent from a meeting or is disqualified under subsection (f).

(e)A member of the Board shall be appointed for a term of 3 years. No member may serve more than 2 consecutive 3-year terms, except that of the members first appointed—

(1)5 members shall be appointed for a term of 2 years; and

(2)6 members shall be appointed for a term of 3 years.

(f)If a member or alternate of the Board who was appointed as a producer, importer, exporter, or public representative member ceases to belong to the group for which the member was appointed, the member or alternate shall be disqualified from serving on the Board.

(g)A member or alternate of the Board shall serve without pay.

(h)The Board shall—

(1)administer an order issued by the Secretary under section 7463 of this title, and an amendment to the order, in accordance with the order and amendment and this subchapter;

(2)prescribe rules and regulations to carry out the order;

(3)meet, organize, and select from among members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines appropriate;

(4)receive, investigate, and report to the Secretary accounts of violations of the order;

(5)make recommendations to the Secretary with respect to an amendment that should be made to the order; and

(6)employ or contract with a manager and staff to assist in administering the order, except that, to reduce administrative costs and increase efficiency, the Board shall seek, to the extent practicable, to employ or contract with personnel who are already associated with organizations involved in promoting kiwifruit that are chartered by a State, the District of Columbia, or the Commonwealth of Puerto Rico.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–185, § 603(b)(1), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows: “(1) 6 members who are producers (or representatives of producers) and who are not exempt from an assessment under section 7465(b) of this title. “(2) 4 members who are importers (or representatives of importers) and who are not exempt from an assessment under section 7465(b) of this title or are exporters (or representatives of exporters). “(3) 1 member appointed from the general public.” Subsec. (b). Pub. L. 105–185, § 603(b)(2), struck out par. (1) designation and heading, struck out “and to paragraph (2)” after “11-member limit”, and struck out heading and text of par. (2). Text read as follows: “Producers shall comprise not less than 51 percent of the membership of the Board.” Subsec. (c)(2). Pub. L. 105–185, § 603(b)(3)(A), inserted “who are producers” after “members”. Subsec. (c)(3). Pub. L. 105–185, § 603(b)(3)(B), inserted “who are importers or exporters” after “members” and substituted “(a)(1)” for “(a)(2)”. Subsec. (c)(5). Pub. L. 105–185, § 603(b)(3)(C), inserted “and alternate” before “may be appointed” in second sentence.

§7464 National Kiwifruit Board

Summary

Title 7, §7464

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata