[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: 7CFR984]

[Page 562-563]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 984_WALNUTS GROWN IN CALIFORNIA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  984.37  Nominations.

    (a) Nominations on behalf of growers who market their walnuts 
through cooperative handlers in California shall be submitted on a 
ballot cast by each such handler for its growers. The vote of each such 
handler shall be weighted by the kernelweight of the walnuts certified 
as merchantable during the preceding marketing year for each such 
handler. The person receiving the highest number of votes for the 
cooperative grower position shall be the nominee.
    (b) Nominations on behalf of independent growers in Group 4, 
whenever such group represents independent growers and Groups 5 and 6, 
shall be submitted after ballot by such growers pursuant to an 
announcement by press releases of the Board to the news media in the 
walnut producing areas. Such releases shall provide pertinent voting 
information, including the names of candidates and the location where 
ballots may be obtained. Ballots shall be accompanied by full 
instructions as to their markings and mailing and shall include the 
names of incumbents who are willing to continue serving on the Board and 
such other candidates as may be proposed pursuant to methods established 
by the Board with the approval of the Secretary. Each grower in Group 4, 
whenever such group represents independent growers, and Groups 5 and 6, 
regardless of the number and location of his walnut orchard(s) shall be 
entitled to cast only one ballot in the nomination and each vote shall 
be given equal weight. If the independent grower has orchard(s) in both 
grower districts he shall advise the Board of the district in which he 
desires to vote. The person receiving the highest number of votes for an 
independent grower position shall be the nominee.
    (c) Nominations for all handler members shall be submitted on 
ballots mailed by the Board to all handlers in their respective groups. 
All handlers' votes shall be weighted by the kernelweight of walnuts 
certified as merchantable by each handler during the preceding marketing 
year. Each independent handler in California may vote for the 
independent handler member nominees and their alternates. However, no 
independent handler shall have more than one person on the Board either 
as member or alternate member. The person receiving the highest number 
of votes for an independent and cooperative handler member position 
shall be the nominee for that position.
    (d) The nine members shall nominate one person as member and one 
person as alternate for the tenth member position. The tenth member and 
alternate shall be nominated by not less than 6

[[Page 563]]

votes cast by the nine members of the Board.
    (e) Nominations in the foregoing manner received by the Board shall 
be reported to the Secretary on or before June 15 of each odd-numbered 
year, together with a certified summary of the results of the 
nominations. If the Board fails to report nominations to the Secretary 
in the manner herein specified by June 15 of each odd-numbered year, the 
Secretary may select the members without nomination. If nominations for 
the tenth member are not submitted by August 1 of any such year, the 
Secretary may select such member without nomination.
    (f) The Board, with the approval of the Secretary, may change these 
nomination procedures should the Board determine that a revision is 
necessary.

[39 FR 35329, Oct. 1, 1974, as amended at 41 FR 31542, July 29, 1976]