[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: 7CFR993.28]

[Page 701-702]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 993_DRIED PRUNES PRODUCED IN CALIFORNIA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 993.28  Nominees.

    (a) For the purpose of obtaining nominations for producer members to 
represent independent producers, the Committee shall, with the approval 
of the Secretary, divide the area into districts giving, insofar as 
practicable, equal representation to numbers of independent producers 
and production of prune tonnage by such producers. The number of 
districts shall be equal to the number of such producer members or 
seven, whichever is the lesser. Candidates for nomination by independent 
producers from the various districts shall be obtained at meetings 
convened by the committee. Following such meetings, the committee shall 
prepare a separate ballot for each of the districts, or a joint ballot 
for two or more districts, containing (1) the names of the candidates 
for each district involved and (2) provision for write-in candidates. 
The ballot shall be mailed to each independent producer of record in 
each district. The voting procedure (including the casting of the ballot 
by mail addressed to the committee), and tabulation of votes shall be in 
accordance with rules and regulations prescribed by the committee, with 
the approval of the Secretary. Each voter shall be entitled to cast only 
one vote for a member nominee and only one vote for an alternate member 
nominee in a district in which he is a producer, and no voter shall vote 
for candidates in more than one district. In case he is a producer in 
more than one district, he shall elect in which of such districts he 
will vote and notify the committee as to his choice. Whenever the number 
of producer members to represent independent producers during the 
ensuing term of office is to exceed seven, one nominee shall be 
nominated by independent producers in each of the seven districts and an 
additional nominee for each member in excess of the seven members shall 
be nominated, without reference to districts, by such seven nominees. 
The committee shall recommend the establishment of districts, or any 
changes therein, to the Secretary prior to January 31 of each year in 
which nominations are made.
    (b) Before April 16 of each even-numbered year nominations of 
producer members to represent cooperative producers and handler members 
to represent cooperative handlers shall be submitted to the Secretary by 
cooperative marketing associations engaged in

[[Page 702]]

the handling of prunes. The number of cooperative producer members and 
handler members to be nominated by each cooperative marketing 
association shall bear, as near as practicable, the same percentage as 
each cooperative marketing association's tonnage of prunes handled as 
first handler thereof is to the total tonnage handled by all cooperative 
marketing associations during the preceding crop year.
    (c) In any year in which nominations are made following a crop year 
during which the tonnage of prunes handled by independent handlers as 
first handlers exceeded the tonnage of prunes handled by cooperative 
handlers as first handlers, nominees for member positions to represent 
independent handlers shall be nominated as follows:
    (1) Each of the two independent handlers who handled during such 
preceding crop year, the two largest percentages of the prune tonnage 
handled by all independent handlers shall nominate from their respective 
organizations, one nominee for a handler member and one for an alternate 
member;
    (2) Three independent handlers who handled during such preceding 
crop year the next three largest percentages of the prune tonnage 
handled by all independent handlers shall nominate from among their 
organizations, one nominee for a handler member and one for an alternate 
member;
    (3) All other independent handlers who handled the remaining 
percentage of such prune tonnage shall nominate from their 
organizations, one nominee for a handler member and one for an alternate 
member.

In any year in which nominations are made following a crop year during 
which the tonnage of prunes handled by cooperative handlers as first 
handlers exceeded the tonnage of prunes handled by independent handlers 
as first handlers, nominees for two member and alternate positions to 
represent the independent handlers referred to in paragraph (c)(1) of 
this section shall be nominated in accordance with said paragraph 
(c)(1), and one nominee for the member and one for the alternate 
position to represent all other independent handlers shall be nominated 
by the handlers referred to in paragraph (c) (2) and (3) of this section 
and the votes of such handlers shall be weighted by the tonnage of 
prunes handled during the preceding crop year by the respective 
handlers.
    (d) The committee shall establish with the approval of the 
Secretary, the procedures by which such nominations, other than by 
cooperative marketing associations engaged in the handling of prunes, 
shall be obtained and shall submit such nominations to the Secretary 
before April 16 of the year in which nominations are made. In the event 
the committee determines that any nominating procedure specified in this 
section does not result in equitable representation, it may establish, 
with the prior approval of the Secretary, such modifications as will 
tend to assure such representation.
    (e) The producer and handler members of the Committee selected for a 
new term of office shall nominate a public member and alternate member 
at the first meeting following their selection.

[31 FR 9713, July 19, 1966, as amended at 46 FR 61636, Dec. 18, 1981]