[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1240.33]

[Page 237-238]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND 
      ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE
 
PART 1240_HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION--Table of 
 
   Subpart A_Honey Research, Promotion, and Consumer Information Order
 
Sec. 1240.33  Board reconstitution.

    (a) Every five years, the Board shall review the geographic 
distribution of the quantities of domestically produced honey assessed 
under this subpart and the changes in the annual average percentage of 
assessments owed by importers under this subpart relative to assessments 
owed by producers of domestic honey. The Board shall conduct the initial 
review required by this paragraph prior to the first continuance 
referendum conducted after May 31, 2001.
    (b)(1) If warranted as a result of this review, the Board shall 
recommend for the Secretary's approval:
    (i) Changes in the regional representation of honey producers; and/
or
    (ii) The addition of Board members.
    (2) If such allocations are necessary to reflect changes in the 
proportion of domestic and imported honey assessed under this subpart or 
the source of assessments on imported honey or honey products, the Board 
may not recommend the addition of members pursuant to paragraph 
(b)(1)(ii) of this section unless the proportion of assessments owed by 
importers compared with the proportion of assessments owed on domestic 
honey by producers changed by more than 6 percent from the base period 
proportion determined in accordance with paragraph (d) of this section.
    (c) Except as provided in paragraph (d) of this section, 
recommendations made under paragraph (b) of this section shall be based 
on the 5-year average annual assessments, excluding the

[[Page 238]]

2 years containing the highest and lowest disparity between the 
proportion of assessments owed from imported and domestic honey or honey 
products, determined pursuant to the review that is conducted under 
paragraph (a) of this section.
    (d) The base period proportions for determining the magnitude of 
change under paragraph (c) of this section shall be the proportions 
determined during the prior review conducted under this section. In the 
case of the initial review, the base period proportions shall be the 
proportions determined by the Board for fiscal period 1996.
    (e) Notwithstanding any other provision of this section, at least 50 
percent of the members of the Board shall be honey producers.
    (f) Any such reallocation or addition of members shall be made at 
least six months prior to the date on which terms of office of the Board 
begin each year and shall become effective at least 30 days prior to 
such date.

[66 FR 21831, May 1, 2001]