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§ 905.22 Nomination of members for Growers Administrative Committee.

(a) The Secretary shall give public notice of a meeting of producers in each district to be held not later than July 10 of each year, for the purpose of making nominations for members and alternate members of the Growers Administrative Committee. The Secretary shall prescribe uniform rules to govern such meetings and the balloting thereat. The chairman of each meeting shall publicly announce at such meeting the names of the persons nominated and the total number of votes cast for each, and the chairman and secretary of each such meeting shall transmit to the Secretary their certificate as to the number of votes so cast, the names of the persons nominated, and such other information as the Secretary may request. All nominations shall be submitted to the Secretary on or before the 20th day of July. (b) Producers in each respective district shall nominate for membership on the Growers Administrative Committee, at least twice the number of producers as the number of positions to be filled from the district. At least half the producers so nominated in each district shall be affiliated with a cooperative marketing association. All nominees shall be producers in the district from which they are nominated. In voting for nominees, each producer shall be entitled to cast one vote in each of the districts in which he is a producer.

[22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965] § 905.23

Selection of members of Growers Administrative Committee.

In selecting the members and alternate members of the Growers Administrative Committee, the Secretary shall select one member and one alternate member from the nominees of each of Districts One, Two, Three, Four, Five, and Six and two members and two alternate members from District Seven, or such other number of members and alternate members from each district as may be prescribed pursuant to § 905.31(k). At least three such members and their alternates shall be affiliated with bona fide cooperative marketing associations.

[22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965]

§ 905.24 Shippers Advisory Committee membership and term of office.

The Shippers Advisory Committee shall consist of eight members, each of whom shall have an alternate, all of whom shall be handlers. The term of office of members of the Shippers Advisory Committee and their alternate shall begin on the first day of August and continue for one year and until their successors are selected and have qualified. The consecutive terms of office of a member shall be limited to three terms: Provided, That such limitation shall be effective only to members who serve three consecutive terms expiring on or after July 31, 1947. The terms of office of alternate members shall not be so limited. The members, alternate members, and their respective successors shall be nominated by handlers and shall be selected by the Secretary as provided in §§ 905.25 and 905.26. § 905.25 Nominations of members for Shippers Advisory Committee.

(a) The Secretary shall give public notice of a meeting for bona fide cooperative marketing organizations which are handlers, and a meeting for other handlers, to be held not later than July 10 of each year, for the purpose of making nominations for members and alternate members of the Shippers Advisory Committee. The Secretary shall prescribe rules to govern each such meeting and balloting thereat. The chairman of each such meeting shall publicly announce the results of the voting and the names of the nominees selected. The chairman and the secretary of each such meeting shall transmit to the Secretary their certificates showing the information so announced and such other information as the Secretary may request. All nominations shall be submitted to the Secretary on or before the 20th day of July.

(b) Nominations of at least nine persons for at least three members and alternate members shall be made by bona fide cooperative marketing organizations which are handlers. Nominations of at least fifteen persons for not more than five members and alternate members shall be made by handlers other than bona fide cooperative marketing organizations. In voting for nominees each handler shall be entitled

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§ 905.27

Failure to nominate.

In the event nominations for a member or alternate member of either committee are not made pursuant to the provisions of §§ 905.22 and 905.25, the Secretary may select such member or alternate member without regard to nominations.

§ 905.28 Acceptance of membership.

Any person selected by the Secretary as a member or alternate member of the Growers Administrative Committee or the Shippers Advisory Committee shall qualify by filling a written acceptance with the Secretary within 10 days after being notified of such selection.

§ 905.29 Inability of members to serve.

(a) An alternate for a member of the Growers Administrative Committee or the Shippers Advisory Committee shall act in the place and stead of such member (1) in his absence, or (2) in the event of his removal, resignation, disqualification, or death, and until a successor for his unexpired term has been selected.

(b) In the event of the death, removal, resignation, or disqualification of any person selected by the Secretary as a member or an alternate member of either committee, a successor for the unexpired term of such person shall be selected by the Secretary. Such selection may be made without regard to the provisions of this subpart as to nominations.

§ 905.30 Powers of Growers Administrative Committee.

The Growers Administrative Committee, in addition to the power to administer the terms and provisions of this subpart, as herein specifically provided, shall have power (a) to make, only to the extent specifically permitted by the provisions contained in this subpart, administrative rules and regulations; (b) to receive, investigate and report to the Secretary complaints of violations of this subpart; and (c) to recommend to the Secretary amendments to this subpart.

§ 905.31 Duties of Growers Administrative Committee.

It shall be the duty of the Growers Administrative Committee:

(a) To select a chairman from its membership, and to select such other officers and adopt such rules and regulations for the conduct of its business as it may deem advisable;

(b) To keep minutes, books, and records which will clearly reflect all of its acts and transactions, which minutes, books, and records shall at all times be subject to the examination of the Secretary;

(c) To act as intermediary between the Secretary and the producers and handlers;

(d) To furnish the Secretary with such available information as he may request; (e) To appoint such employees as it may deem necessary and to determine the salaries and define the duties of such employees;

(f) To cause its books to be audited by one or more certified or registered public accountants at least once for each fiscal period, and at such other times as it deems necessary or as the Secretary may request, and to file with the Secretary copies of all audit reports;

(g) To prepare and publicly issue a monthly statement of financial operations of the committee;

(h) To provide an adequate system for determining the total crop of each variety of fruit, and to make such determinations, including determinations by grade and size, as it may deem necessary, or as may be prescribed by the Secretary, in connection with the administration of this subpart;

(i) To perform such duties in connection with the administration of section 32 of the act to amend the Agricultural Adjustment Act and for other purposes,

Public Act No. 320, 74th Congress, as amended, as may from time to time be assigned to it by the Secretary;

(j) To notify the members of the Shippers Advisory Committee in the same manner as it notifies its own members of its intention to meet to consider recommendations required of such committee pursuant to § 905.51; and

(k) To maintain equitable representation among districts, with approval of the Secretary, to redefine the districts into which the production area is divided or to reapportion or otherwise change the committee membership of districts, or both: Provided, That the membership shall consist of at least eight but not more than nine members, and any such change shall be based, so far as practicable, upon the respective averages for the immediately preceding five fiscal periods of (1) the volume of fruit shipped from each district; (2) the volume of fruit produced in each district; and (3) the total number of acres of citrus in each district. The committee shall consider such redistricting and reapportionment during the 1965-66 fiscal period, and only in each fifth fiscal period thereafter, and each such redistricting or reapportionment shall be announced on or before March 1 of the then current fiscal period.

[22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965]

§ 905.32 Duties of Shippers Advisory Committee.

It shall be the duty of the Shippers Advisory Committee:

(a) To select a chairman from its membership, and to select such other officers and adopt such rules and regulations for the conduct of its business as it may deem advisable;

(b) To keep minutes, books, and records, which will clearly reflect all of its acts, which minutes, books, and records shall at all times be subject to the examination of the Secretary; and

(c) To notify the members of the Growers Administrative Committee in the same manner as it notifies its own members of the time at which it will meet to make the recommendations required by § 905.51.

§ 905.33 Compensation and expenses of committee members.

The members of each committee, and alternate members when acting as members, shall serve without compensation

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but may be reimbursed for expenses necessarily incurred by them in the performance of their duties under this subpart.

§ 905.34 Procedure of committees.

(a) Five members of a committee shall be necessary to constitute a quorum.

(b) For any decision or recommendation of either committee to be valid, five concurring votes shall be necessary: Provided, That the Growers Administrative Committee may recommend a regulation restricting the shipment of grapefruit grown in Regulation Area I or Regulation Area II which meet the requirements of the Improved No. 2 grade or the Improved No. 2 Bright grade only upon the affirmative vote of a majority of its members present from the regulation area in which such restriction would apply; and whenever a meeting to consider a recommendation for release of such grade is requested by a majority of the members from the affected area, the Growers Administrative Committee shall hold a meeting within a reasonable length of time for the purpose of considering such a recommendation. If after such consideration the requesting area majority present continues to favor such release for their area, the request shall be considered a valid recommendation and transmitted to the Secretary. The votes of each member cast for or against any recommendation made pursuant to this subpart shall be duly recorded. Each member must vote in person.

(c) The Growers Administrative Committee shall give to the Secretary the same notice of meetings of the committees as is given to the members thereof. [22 F.R. 10734, Dec. 27, 1957, as amended by 31 F.R. 15060, Dec. 1, 1966]

§ 905.35 Right of the Secretary.

The members of the committees (including successors and alternates), and any agent or employee appointed or employed by the committees, shall be subject to removal or suspension by the Secretary at any time. Each and every order, regulation, decision, determination, or other act of both committees shall be subject to the continuing right of the Secretary to disapprove of the same at any time and upon his disapproval shall be deemed null and void, except as to acts done in reliance thereon or in compliance therewith.

§ 905.36 Funds.

(a) All funds received by the Growers Administrative Committee pursuant to any provision of this subpart shall be used solely for the purposes herein specified and shall be accounted for in the manner provided in this subpart.

(b) The Secretary may, at any time, require the Growers Administrative Committee and its members to account for all receipts and disbursements.

(c) Upon the removal or expiration of the term of office of any member of the Growers Administrative Committee, such member shall account for all receipts and disbursements and deliver all property and funds, together with all books and records, in his possession, to his successor in office, and shall execute such assignments and other instruments as may be necessary or appropriate to vest in such successor full title to all of the property, funds, and claims vested in such member pursuant to this subpart.

EXPENSES AND ASSESSMENTS 905.40 Expenses.

The Growers Administrative Committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred to carry out the functions of both committees under this subpart during each fiscal period. The funds to cover such expenses shall be acquired by the levying of assessments upon handlers as provided in § 905.41.

[22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965]

§ 905.41 Assessments.

(a) Each handler who first handles fruit shall pay to Growers Administrative Committee, upon demand, such handler's pro rata share of the expenses which the Secretary finds will be incurred by such committee for the maintenance and functioning, during each fiscal period, of the committees established under this subpart. Each such handler's share of such expenses shall be that proportion thereof which the total quantity of fruit shipped by such handler as the first handler thereof during the applicable fiscal period is of the total quantity of fruit so shipped by all handlers during the same fiscal period. The Secretary shall fix the rate of assessment per standard packed box of fruit to be paid by each such handler. The payment of assessments for the maintenance and func

tioning of the committees may be required under this part throughout the period it is in effect irrespective of whether particular provisions thereof are suspended or become inoperative.

(b) At any time during or after the fiscal period, the Secretary may increase the rate of assessment so that the sum of money collected pursuant to the provisions of this section shall be adequate to cover the said expenses. Such increase shall be applicable to all fruit shipped during the given fiscal period. In order to provide funds to carry out the functions of the committees established under § 905.20, handlers may make advance payment of assessments. § 905.42 Handler's accounts.

(a) If at the end of a fiscal period it shall appear that assessments collected are in excess of expenses incurred, each handler entitled to a proportionate refund shall be credited with such refund against the operations of the following fiscal period unless he demands payment of the sum due him, in which case such sum shall be paid to him.

(b) The Growers Administrative Committee may, with the approval of the Secretary, maintain in its own name or in the name of its members a suit against any handler for the collection of such handler's pro rata share of the said expense.

REGULATIONS

§ 905.50 Marketing policy.

(a) Before making any recommendations pursuant to § 905.51 for any variety of fruit, the Growers Administrative Committee and the Shippers Advisory Committee shall, with respect to the regulations permitted by § 905.52, submit to the Secretary a detailed report setting forth an advisable marketing policy for such variety for the then current shipping season. Such report shall set forth the proportion of the remainder of the total crop of such variety of fruit (determined by the Growers Administrative Committee to be available for shipment during the remainder of the shipping season of such variety) deemed advisable by the Shippers Advisory Committee and the Growers Administrative Committee to be shipped during such season.

(b) In determining each such marketing policy and advisable proportion, the committees shall give due consideration to the following factors relating to citrus fruit produced in Florida and in other

States: (1) The available crop of each variety of citrus fruit in Florida, and in other States, including the grades and sizes thereof, which grades and sizes in Florida shall be determined by the Growers Administrative Committee pursuant to § 905.31; (2) the probable shipments of citrus fruit from other States; (3) the level and trend in consumer income; (4) the prospective supplies of competitive commodities; and (5) other pertinent factors bearing on the marketing of fruit.

(c) In addition to the foregoing, the committees shall set forth a schedule of proposed regulations for the remainder of the shipping season for each variety of fruit for which recommendations to the Secretary pursuant to § 905.51 are contemplated. Such schedules shall recognize the practical operations of harvesting and preparation for market of each variety and the change in grades and sizes thereof as the respective seasons advance. In the event it is deemed advisable to alter such marketing policy or advisable proportion as the shipping season progresses, in view of changed demand and supply conditions with respect to fruit, the said committees shall submit to the Secretary a report thereon.

(d) The Growers Administrative Committee shall transmit a copy of each marketing policy report or revision thereof to the Secretary and to each producer and handler who files a request therefor. Copies of all such reports shall be maintained in the office of the committee where they shall be available for examination by producers and handlers. (22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965] § 905.51

tion.

Recommendations for regula

(a) Whenever the Shippers Advisory Committee deems it advisable to regulate any variety in the manner provided in § 905.52 it shall promptly submit its recommendation, with supporting information, to the Growers Administrative Committee. In making such determination, the said committee shall give due consideration to the following factors relating to the citrus fruit produced in Florida and in other States: (1) Market prices, including prices by grades and sizes of the fruit for which regulation is recommended; (2) amount on hand at the principal markets, as evidenced by supplies on track; (3) maturity, condition, and available supply,

including the grade and size thereof in the producing areas; (4) other pertinent market information; and (5) the level and trend in consumer income. The Growers Administrative Committee shall submit to the Secretary the recommendation of the Shippers Advisory Committee, together with its own recommendations and supporting information respecting the factors enumerated in this section.

(b) The failure of the Shippers Advisory Committee to make a recommendation with respect to regulations authorized by § 905.52, after having received notice of the intention of the Growers Administrative Committee to meet for the purpose of receiving such recommendations, shall not preclude the Growers Administrative Committee from submitting recommendations and supporting information to the Secretary.

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(c) The Growers Administrative Committee shall give notice of any meeting to consider the recommendation of regulations pursuant to § 905.52 mailing a notice of meeting to each hanIdler who has filed his address with said committee for this purpose. The said committee shall give the same notice of any such recommendation before the time it is recommended that such regulation become effective.

[22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965]

§ 905.52 Regulation by the Secretary.

(a) Whenever the Secretary shall find from the recommendations and reports of the Shippers Advisory Committee and the Growers Administrative Committee, or from other available information, that to limit the shipment of any variety would tend to effectuate the declared policy of the act, he shall so limit the shipment of such variety during a specified period or periods. Such regulations

may:

(1) Limit the shipment of any grade or size, or both, of any variety, in any manner as may be prescribed, and any such limitation may provide that shipments of any variety grown in Regulation Area II shall be limited to grades and sizes different from the grade and size limitations applicable to shipments of the same varieties grown in Regulation Area I: Provided, That whenever any such grade or size limitation restricts the shipment of a portion of a specified grade or size of a variety the quantity of such grade or size that may

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