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e-CFR
Data is current as of July 20, 2010

Title 7:
Agriculture
PART 930—TART CHERRIES GROWN IN THE STATES OF MICHIGAN,
NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN

Subpart—Order Regulating Handling
Administrative Body

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§ 930.23   Nomination and election.

(a) Forms and ballots. Nomination and election of initial and
successor members and alternate members of the Board shall be conducted
through petition forms and election ballots distributed to all eligible
growers and handlers via the U.S. Postal Service or other means, as
determined by the Secretary. Similar petition forms and election ballots
shall be used for both members and alternate members and any requirements
for election of a member shall apply to the election of an alternate.

(b) Nomination. (1) In order for the name of a grower nominee to
appear on an election ballot, the nominee's name must be submitted with a
petition form, to be supplied by the Secretary or the Board, which, except
in District 8, contains at least five signatures of growers, other than
the nominee, from the nominee's district who are eligible to vote in the
referendum. Grower petition forms in District 8 must be signed by only two
growers, other than the nominee, from the nominee's district.

(2) In order for the name of a handler nominee to appear on an election
ballot, the nominee's name must be submitted with a petition form, to be
supplied by the Secretary or the Board, which contains the signature of
one or more handler(s), other than the nominee, from the nominee's
district who is or are eligible to vote in the election and that handle(s)
a combined total of no less than five percent (5%) of the average
production, as that term is used §930.20, handled in the district.
Provided, that this requirement shall not apply if its application
would result in a sales constituency conflict as provided in §930.20(g).
The requirement that the petition form be signed by a handler other than
the nominee shall not apply in any district where fewer than two handlers
are eligible to vote.

(3) Only growers, including duly authorized officers or employees of
growers, who are eligible to serve as grower members of the Board shall
participate in the nomination of grower members and alternate grower
members of the Board. No grower shall participate in the submission of
nominees in more than one district during any fiscal period. If a grower
produces cherries in more than one district, that grower may select in
which district he or she wishes to participate in the nominations and
election process and shall notify the Secretary or the Board of such
selection. A grower may not participate in the nomination process in one
district and the election process in a second district in the same
election cycle.

(4) Only handlers, including duly authorized officers or employees of
handlers, who are eligible to serve as handler members of the Board shall
participate in the nomination of handler members and alternate handler
members of the Board. No handler shall participate in the selection of
nominees in more than one district during any fiscal period. If a handler
handles cherries in more than one district, that handler may select in
which district he or she wishes to participate in the nominations and
election process and shall notify the Secretary or the Board of such
selection. A handler may not participate in the nominations process in one
district and the elections process in a second district in the same
election cycle. If a person is a grower and a grower-handler only because
some or all of his or her cherries were custom packed, but he or she does
not own or lease and operate a processing facility, such person may vote
only as a grower.

(5) In districts entitled to only one Board member, both growers and
handlers may be nominated for the district's Board seat. Grower and
handler nominations must follow the petition procedures outlined in
paragraphs (b)(1) and (b)(2) of this section.

(6) All eligible growers and handlers in all districts may submit the
names of the nominees for the public member and alternate public member of
the Board.

(7) After the appointment of the initial Board, the Secretary or the
Board shall announce at least 180 days in advance when a Board member's
term is expiring and shall solicit nominations for that position in the
manner described in this section. Nominations for such position should be
submitted to the Secretary or the Board not less than 120 days prior to
the expiration of such term.

(c) Election. (1) After receiving nominations, the Secretary or
the Board shall distribute ballots via the U.S. Postal Service or other
means, as determined by the Secretary, to all eligible growers and
handlers containing the names of the nominees by district for the
respective seats on the Board, excluding the public voting member seat.
The ballots will clearly indicate that growers and handlers may only rank
or otherwise vote for nominees in their own district.

(2) Except as provided in paragraph (c)(4) of this section, only
growers, including duly authorized officers or employees of growers, who
are eligible to serve as grower members of the Board shall participate in
the election of grower members and alternate grower members of the Board.
No grower shall participate in the election of Board members in more than
one district during any fiscal period. If a grower produces cherries in
more than one district, the grower must vote in the same district in which
he or she chose to participate in the nominations process under paragraph
(b)(3) of this section. However, if the grower did not participate in the
nominations process, he or she may select in which district he or she
wishes to vote and shall notify the Secretary or the Board of such
selection.

(3)(i) Except as provided in paragraph (c)(4) of this section, only
handlers, including duly authorized officers or employees of handlers, who
are eligible to serve as handler members of the Board shall participate in
the election of handler members and alternate handler members of the
Board. No handler shall participate in the election of Board members in
more than one district during any fiscal period. If a handler does handle
cherries in more than one district, he or she must vote in the same
district in which the handler elected to participate in the nominations
process under paragraph (b)(4) of this section. However, if a handler did
not participate in the nominations process, that handler may select in
which district he or she chooses to vote and shall notify the Secretary or
the Board of such selection. If a person is a grower and a grower-handler
only because some or all of his or her cherries were custom packed, but he
or she does not own or lease and operate a processing facility, such
person may vote only as a grower.

(ii) To be seated as a handler representative in any district, the
successful candidate must receive the support of handler(s) that handled a
combined total of no less than five percent (5%), of the average
production, as that term is used in §930.20, handled in the district;
Provided, that this paragraph shall not apply if its application
would result in a sales constituency conflict as provided in
§930.20(g).

(4) In districts entitled to only one Board member, growers and
handlers may vote for either the grower or handler nominee(s) for the
single seat allocated to those districts.

(d) The members of the Board appointed by the Secretary pursuant to
§930.24 shall, at the first meeting and whenever necessary thereafter, by
at least a two-thirds vote of the entire Board, select individuals to
serve as the public member and alternate public member of the Board from
the list of nominees received from growers and handlers pursuant to
paragraph (b) of this section or from other persons nominated by the
Board. The persons selected shall be subject to appointment by the
Secretary under §930.24.

(e) The Board, with the approval of the Secretary, may establish rules
and regulations necessary and incidental to the administration of this
section.

[61 FR 49942, Sept. 24, 1996, as amended at 75 FR 33677, June 15,
2010]

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