[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: 7CFR981.40]

[Page 500-501]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 981_ALMONDS GROWN IN CALIFORNIA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  981.40  Procedure.

    (a) Organization and rules. The members of the Board shall select a 
chairman from their membership. The Board

[[Page 501]]

shall select such other officers and adopt such rules for the conduct of 
its business as it may deem advisable. The Board shall give to the 
Secretary or his designated agent and representatives the same notice of 
meetings of the Board as is given to members of the Board.
    (b) Quorum. All decisions of the Board, except where otherwise 
specifically provided, shall be by a majority vote of the members 
present. The presence of six members shall be required to constitute a 
quorum.
    (c) Voting by mail, telegram, fax or other electronic means. The 
Board may vote by mail, telegram, fax or other electronic means upon 
written notice to all members, or alternates acting in their place, 
including in the notice a statement of a reasonable time, not to exceed 
10 days, in which a vote by mail, telegram, fax or other electronic 
means must be received by the Board for counting. Voting by mail, 
telegram, fax or other electronic means shall not be permitted at any 
assembled meeting of the Board. When a proposition is submitted for vote 
by mail, telegram, fax or other electronic means, at least eight members 
of the Board must vote in favor of its passage or the proposition shall 
be defeated.
    (d) Right of the Secretary. The members of the Board (including 
successors or alternates), and any agent or employee appointed or 
employed by the Board, shall be subject to removal or suspension by the 
Secretary at any time. Each and every order, regulation, decision, 
determination, or other act of the Board shall be subject to the 
continuing right of the Secretary to disapprove of the same at any time, 
and, upon such disapproval, shall be deemed null and void except as to 
acts done in reliance thereon or in compliance therewith.
    (e) Additional voting requirements. Adoption of recommendations by 
the Board with respect to projects pursuant to Sec.  981.41 involving 
production research, marketing research and development projects, and 
marketing promotion including paid advertising and crediting the pro 
rata expense assessment obligation of handlers with such portion of 
their direct expenditures for marketing promotion including paid 
advertising, shall require at least seven affirmative votes.

[35 FR 11372, July 16, 1970, as amended at 37 FR 3984, Feb. 15, 1972; 61 
FR 32921, June 26, 1996]

                                Research