[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR979.26]

[Page 493-494]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 979_MELONS GROWN IN SOUTH TEXAS--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 979.26  Nominations.

    (a) Initial members. For nominations to the initial committee, the 
meeting or meetings may be sponsored by the U.S. Department of 
Agriculture or by any agency or group requested to do so by the 
Department. The nominations, resulting from these meetings, for each of 
the six initial grower and three initial handler members of the 
committee, together with nomination for the initial alternate members 
for each position shall be submitted to the Secretary prior to the 
effective date of this subpart.
    (b) Successor members. (1) The committee shall hold or cause to be 
held not later than January 15 of each year, or such other date as may 
be specified by the Secretary, a meeting or meetings of growers and 
handlers in each district for the purpose of designating at least one 
nominee for each position as member and for each position as alternate 
member of the committee which is vacant, or which is about to become 
vacant;
    (2) The names of nominees shall be supplied to the Secretary at such 
time and in such manner and form as he may prescribe;
    (3) Only growers may participate in designating grower nominees and 
only handlers may participate in designating handler nominees to the 
committee;
    (4) Only growers and handlers who are present at such nomination 
meetings, or represented at such meetings by a duly authorized employee, 
may participate in the nomination and election of nominees for members 
and their alternates.
    (c) Each person, whether grower or handler, is entitled to cast only 
one vote on behalf of himself, his agents, subsidiaries, affiliates, and 
representatives in designating nominees for committee members and 
alternates. An eligible voter's privilege of casting only one vote shall 
be construed to permit a

[[Page 494]]

voter to cast one vote for each position to be filled;
    (d) The public member and alternate member shall be nominated by the 
members of the committee. The public member and alternate member shall 
not be growers or handlers, or employees of growers or handlers. The 
committee shall recommend rules for receiving names of persons to be 
considered for nomination to the public member and alternate positions. 
Rules shall also be recommended for establishing eligibility of persons 
nominated to the public member and alternate positions. The persons 
nominated for the public member and alternate positions shall be 
submitted by the incumbent committee to the Secretary by January 15, or 
such other date recommended by the committee and approved by the 
Secretary, of the years the terms expire together with information 
deemed pertinent by the committee or as requested by the Secretary. The 
names of the nominees for the initial public member and alternate shall 
be submitted to the Secretary not later than 90 days after the first 
regular meeting of the initial South Texas Melon Committee.