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8 905.22 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 noninated. 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 Grow
ers 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 se lected 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. 8 905.25 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 han. dlers, 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 organi. zations 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
to cast but one vote, which shall be 8 905.30 Powers of Growers Administraweighted by the volume of fruit shipped tive Committee. by such handler during the then cur
The Growers Administrative Commitrent fiscal period.
tee, in addition to the power to adminis& 905.26 Selection of members of Ship- ter the terms and provisions of this subpers Advisory Committee.
part, as herein specifically provided,
shall have power (a) to make, only to the In selecting the members and their al
extent specifically permitted by the ternate members of the Shippers Ad
provisions contained in this subpart, advisory Committee, the Secretary shall
ministrative rules and regulations; (b) select at least three members and their
to receive, investigate and report to the alternates from the nominees made by
Secretary complaints of violations of bona fide cooperative marketing organi
this subpart; and (c) to recommend to zations which are handlers. The re
the Secretary amendments to this submaining number of members and their
part. alternates shall be selected from the nominees made by handlers other than $ 905.31 Duties of Growers Administra. cooperative marketing organizations, tive Committee. and at least three such members and
It shall be the duty of the Growers Ada their alternates shall be handlers who
ministrative Committee: are likewise producers.
(a) To select a chairman from its 8 905.27 Failure to nominate.
membership, and to select such other
officers and adopt such rules and regu. In the event nominations for a mem
lations for the conduct of its business ber or alternate member of either com
as it may deem advisable; mittee are not made pursuant to the
(b) To keep minutes, books, and recprovisions of $$ 905.22 and 905.25, the
ords which will clearly reflect all of its Secretary may select such member or
acts and transactions, which minutes, alternate member without regard to books, and records shall at all times be nominations.
subject to the examination of the Secre
tary; $ 905.28 Acceptance of membership.
(c) To act as intermediary between the Any person selected by the Secretary Secretary and the producers and han, as a member or alternate member of the dlers; Growers Administrative Committee or (d) To furnish the Secretary with such the Shippers Advisory Committee shall
available information as he may request; qualify by filing a written acceptance
(e) To appoint such employees as it with the Secretary within 10 days after
may deem necessary and to determine
the salaries and define the duties of such being notified of such selection.
employees; & 905.29 Inability of members to serve. (f) To cause its books to be audited (a) An alternate for a member of
by one or more certified or registered the Growers Administrative Committee
public accountants at least once for each
fiscal period, and at such other times as or the Shippers Advisory Committee
it deems necessary or as the Secretary shall act in the place and stead of such
may request, and to file with the Secre. member (1) in his absence, or (2) in the
tary copies of all audit reports; event of his removal, resignation, dis
(g) To prepare and publicly issue & qualification, or death, and until a suc- monthly statement of financial operacessor for his unexpired term has been tions of the committee; selected.
(h) To provide an adequate system (b) In the event of the death, re- for determining the total crop of each moval, resignation, or disqualification of variety of fruit, and to make such deterany person selected by the Secretary
minations, including determinations by.
grade and size, as it may deem necessary, as a member or an alternate member of either committee, a successor for the
or as may be prescribed by the Secretary,
in connection with the administration unexpired term of such person shall be
of this subpart; selected by the Secretary. Such selec
(i) To perform such duties in connection may be made without regard to
tion with the administration of section the provisions of this subpart as to 32 of the act to amend the Agricultural nominations.
Adjustment Act and for other purposes,
Public Act No. 320, 74th Congress, as but may be reimbursed for expenses necamended, as may from time to time be essarily incurred by them in the perassigned to it by the Secretary;
formance of their duties under this (j) To notify the members of the subpart. Shippers Advisory Committee in the
$ 905.34 Procedure of committees. same manner as it notifies its own mem. bers of its intention to meet to consider
(a) Five members of a committee shall recommendations required of such com
be necessary to constitute a quorum. mittee pursuant to $ 905.51; and
(b) For any decision or recommenda(k) To maintain equitable representa
tion of either committee to be valid, five tion among districts, with approval of the concurring votes shall be necessary: ProSecretary, to redefine the districts into
vided, That the Growers Administrative which the production area is divided or
Committee may recommend a regulation to reapportion or otherwise change the restricting the shipment of grapefruit committee membership of districts, or
grown in Regulation Area I or Regulation both: Provided, That the membership
Area II which meet the requirements shall consist of at least eight but not
of the Improved No. 2 grade or the Immore than nine members, and any such
proved No. 2 Bright grade only upon change shall be based, so far as prac
the affirmative vote of a majority of its ticable, upon the respective averages for
members present from the regulation the immediately preceding five fiscal pe
area in which such restriction would apriods of (1) the volume of fruit shipped
ply; and whenever a meeting to consider from each district; (2) the volume of a recommendation for release of such fruit produced in each district; and (3)
grade is requested by a majority of the the total number of acres of citrus in
members from the affected area, the each district. The committee shall con
Growers Administrative Committee shall sider such redistricting and reapportion
hold a meeting within a reasonable ment during the 1965–66 fiscal period,
length of time for the purpose of conand only in each fifth fiscal period there
sidering such a recommendation. If after, and each such redistricting or re
after such consideration the requesting apportionment shall be announced on area majority present continues to favor or before March 1 of the then current such release for their area, the request fiscal period.
shall be considered a valid recommenda
tion and transmitted to the Secretary. (22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965)
The votes of each member cast for or & 905.32 Duties of Shippers Advisory
against any recommendation made pur
suant to this subpart shall be duly reCommittee.
corded. Each member must vote in It shall be the duty of the Shippers person. Advisory Committee:
(c) The Growers Administrative Com(a) To select a chairman from its mittee shall give to the Secretary the membership, and to select such other same notice of meetings of the commitofficers and adopt such rules and regu- tees as is given to the members thereof. lations for the conduct of its business as
[22 F.R. 10734, Dec. 27, 1957, as amended by it may deem advisable;
31 F.R. 15060, Dec. 1, 1966) (b) To keep minutes, books, and rec
§ 905.35 Right of the Secretary. ords, which will clearly reflect all of its acts, which minutes, books, and records The members of the committees (inshall at all times be subject to the ex- cluding successors and alternates), and amination of the Secretary; and
any agent or employee appointed or em(c) To notify the members of the ployed by the committees, shall be subGrowers Administrative Committee in ject to removal or suspension by the the same manner as it notifies its own
Secretary at any time. Each and every members of the time at which it will
order, regulation, decision, determinameet to make the recommendations re
tion, or other act of both committees quired by $ 905.51.
shall be subject to the continuing right 8 905.33 Compensation and expenses of of the Secretary to disapprove of the committee members.
same at any time and upon his disapThe members of each committee, and proval shall be deemed null and void, alternate members when acting as mem- except as to acts done in reliance bers, shall serve without compensation thereon or in compliance therewith.
$ 905.36 Funds.
tioning of the committees may be (a) Al funds received by the Growers
required under this part throughout the Administrative Committee pursuant to
period it is in effect irrespective of any provision of this subpart shall be
whether particular provisions thereof used solely for the purposes herein spec
are suspended or become inoperative. ified and shall be accounted for in the
(b) At any time during or after the manner provided in this subpart.
fiscal period, the Secretary may increase (b) The Secretary may, at any time,
the rate of assessment so that the sum require the Growers Administrative
of money collected pursuant to the proCommittee and its members to account
visions of this section shall be adequate for all receipts and disbursements.
to cover the said expenses. Such in (c) Upon the removal or expiration of
crease shall be applicable to all fruit the term of office of any member of the
shipped during the given fiscal period. Growers Administrative Committee,
In order to provide funds to carry out such member shall account for all re
the functions of the committees estabceipts and disbursements and deliver all
lished under $ 905.20, handlers may property and funds, together with all
make advance payment of assessments. books and records, in his possession, to 8 905.42 Handler's accounts. his successor in office, and shall execute
(a) If at the end of a fiscal period it such assignments and other instruments
shall appear that assessments collected as may be necessary or appropriate to vest in such successor full title to all of
are in excess of expenses incurred, each
handler entitled to a proportionate rethe property, funds, and claims vested
fund shall be credited with such refund in such member pursuant to this subpart.
against the operations of the following
fiscal period unless he demands payment EXPENSES AND ASSESSMENTS
of the sum due him, in which case such § 905.40 Expenses.
sum shall be paid to him.
(b) The Growers Administrative ComThe Growers Administrative Commit
mittee may, with the approval of the tee is authorized to incur such expenses
Secretary, maintain in its own name or as the Secretary finds are reasonable and
in the name of its members a suit against likely to be incurred to carry out the
any handler for the collection of such functions of both committees under this
handler's pro rata share of the said exsubpart during each fiscal period. The
pense. funds to cover such expenses shall be acquired by the levying of assessments upon
REGULATIONS handlers as provided in § 905.41.
$ 905.50 Marketing policy. (22 F.R. 10734, Dec. 27, 1957, as amended at
(a) Before making any recommenda30 F.R. 13934, Nov. 4, 1965)
tions pursuant to $ 905.51 for any variety $ 905.41 Assessments.
of fruit, the Growers Administrative (a) Each handler who first handles
Committee and the Shippers Advisory fruit shall pay to Growers Administrative
Committee shall, with respect to the regCommittee, upon demand, such handler's
ulations permitted by $ 905.52, submit to pro rata share of the expenses which the
the Secretary a detailed report setting Secretary finds will be incurred by such
forth an advisable marketing policy for committee for the maintenance and
such variety for the then current shipfunctioning, during each fiscal period,
ping season. Such report shall set forth of the committees established under this
the proportion of the remainder of the subpart. Each such handler's share of
total crop of such variety of fruit (detersuch expenses shall be that proportion
mined by the Growers Administrative thereof which the total quantity of fruit
Committee to be available for shipment shipped by such handler as the first han
during the remainder of the shipping dler thereof during the applicable fiscal
season of such variety) deemed advis
able by the Shippers Advisory Committee period is of the total quantity of fruit so
and the Growers Administrative Comshipped by all handlers during the same
mittee to be shipped during such season. fiscal period. The Secretary shall fix
(b) In determining each such marketthe rate of assessment per standard
ing policy and advisable proportion, the packed box of fruit to be paid by each
committees shall give due consideration such handler. The payment of assess- to the following factors relating to citrus ments for the maintenance and func- 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. 122 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965) $ 905.51 Recommendations for regula
tion. (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.
(c) The Growers Administrative Committee shall give notice of any meeting to consider the recommendation of regulations pursuant to $ 905.52 by mailing a notice of meeting to each handler 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