Page:United States Statutes at Large Volume 110 Part 1.djvu/1090

 110 STAT. 1066 PUBLIC LAW 104-127—APR. 4, 1996 (c) AMENDMENTS. — The Secretary may amend any order issued under this section. The provisions of this subtitle applicable to an order shall be applicable to an amendment to an order. 7 USC 7464. SEC. 555. NATIONAL KIWIFRUIT BOARD. (a) MEMBERSHIP. —An order issued by the Secretary under section 554 shall provide for the establishment of a National Kiwifruit Board that consists of the following 11 members: (1) 6 members who are producers (or representatives of producers) and who are not exempt from an assessment under section 556(b). (2) 4 members who are importers (or representatives of importers) and who are not exempt from an assessment under section 556(b) or are exporters (or representatives of exporters). (3) 1 member appointed from the general public. (b) ADJUSTMENT OF MEMBERSHIP.— (1) IN GENERAL.— Subject to the 11-member limit and to paragraph (2), the Secretary may adjust membership on the Board to accommodate changes in production and import levels of kiwifruit. (2) NUMBER OF PRODUCER MEMBERS. —Producers shall comprise not less than 51 percent of the membership of the Board. (c) APPOINTMENT AND NOMINATION.— (1) APPOINTMENT. — The Secretary shall appoint the members of the Board from nominations submitted in accordance with this subsection. (2) PRODUCERS. —The members referred to in subsection (a)(1) shall be appointed from individuals nominated by producers. (3) IMPORTERS AND EXPORTERS.— The members referred to in subsection (a)(2) shall be appointed from individuals nominated by importers or exporters. (4) PUBLIC REPRESENTATIVE.—The public representative shall be appointed from nominations submitted by other members of the Board. (5) FAILURE TO NOMINATE. — If producers, importers, and exporters fail to nominate individuals for appointment, the Secretary may appoint members and alternates on a basis provided for in the order. If the Board fails to nominate a public representative, the member may be appointed by the Secretary without a nomination. (d) ALTERNATES. —The Secretary shall appoint an alternate for each member of the Board. An alternate shall— (1) be appointed in the same manner as the member for whom the individual is an alternate; and (2) serve on the Board if the member is absent from a meeting or is disqualified under subsection (f). (e) TERMS.— ^A member of the Board shall be appointed for a term of 3 years. No member may serve more than 2 consecutive 3-year terms, except that of the members first appointed— (1) 5 members shall be appointed for a term of 2 years; and (2) 6 members shall be appointed for a term of 3 years. (f) DISQUALIFICATION.—I f a member or alternate of the Board who was appointed as a producer, importer, exporter, or public representative member ceases to belong to the group for which

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