[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR920.122]

[Page 157-158]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents
 
Sec.  920.122  Nomination procedures.

    (a) The manner of nominating grower members and alternate members to 
the committee shall be as follows:
    (1) The committee's mailing of an approved nomination form to all 
kiwifruit growers of record shall constitute notice of nominations. All 
eligible kiwifruit growers may nominate themselves or any other eligible 
kiwifruit grower to vacant committee positions for the nominee's 
district. Completed nomination forms shall be returned to the office of 
the committee by a date specified by the committee and approved by an 
agent of the Secretary. Nomination forms shall provide for names of 
nominees, as well as the nominating grower's name, address, telephone 
number, and signature. Incomplete nominations forms will not be 
considered valid.
    (2) For each district involved in the current year's nominations, 
committee staff, with the Secretary's oversight, shall establish a slate 
of candidates

[[Page 158]]

with the names of all qualified nominees received. Persons submitting 
invalid nomination forms shall be notified of such by the committee. 
Within a reasonable time period, a ballot containing a slate of 
candidates shall be mailed to all growers of record within the 
respective district represented by such candidates. The committee shall 
provide a reasonable period of time to growers to cast votes on the 
candidates and return the completed ballots for tallying.
    (3) To be eligible to vote, growers must be producing kiwifruit 
during the crop year nominations are held and within the district 
represented by the candidates on the ballot. A grower may only vote for 
candidates from one district and may only cast one ballot. Growers may 
also cast votes for eligible candidates who do not appear on the ballots 
by writing in the name of such candidates on the ballot. Each ballot 
shall provide for a voter eligibility certification which must include 
the voter's name, address, telephone number, and signature, as well as 
the name(s) of all handlers which handled the current season's crop. At 
the discretion of the Secretary, the ballots may include other 
background information about each candidate.
    (4) In order to be valid, ballots must be executed in accordance 
with the instructions set forth on the ballot, and are to be returned to 
the Secretary's agent who will tally the ballots with such assistance 
from the committee as may be requested by the agent. Such ballots shall 
be postmarked by a date specified by the committee and approved by an 
agent of the Secretary.
    (5) The names of the persons receiving the highest total number of 
votes for a particular position shall be submitted to the Secretary as 
the nominees for such positions. In the event of a tie vote, a ballot 
containing only the names of the candidates receiving the tied vote 
shall be mailed to all growers in the affected district.
    (b) In the event of a vacancy as specified in Sec.  920.26, the 
committee shall utilize the same procedure as prescribed in Sec.  
920.122(a)(1) through (a)(5) to fill such vacancy.

[57 FR 62160, Dec. 30, 1992]