(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—
(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
(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.
(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.
(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—
(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—
(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
(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
(h) Duties and functionsThe 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) [1] 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.