Don't show this message again
7 U.S. Code § 7444. Required terms in orders
(a) In general
An order issued under this subchapter shall contain the terms and conditions specified in this section.
(b) Establishment and membership of National Canola and Rapeseed Board
(1) In general
The order shall provide for the establishment of, and appointment of members to, a National Canola and Rapeseed Board to administer the order.
(2) Service to entire industry
The Board shall carry out programs and projects that will provide maximum benefit to the canola and rapeseed industry in all parts of the United States and only promote canola, rapeseed, or canola or rapeseed products.
(3) Board membershipThe Board shall consist of 15 members, including—
(A) 11 members who are producers, including—
(i)
1 member from each of the 6 geographic regions comprised of States where canola or rapeseed is produced, as determined by the Secretary; and
(ii)
5 members from the geographic regions referred to in clause (i), allocated according to the production in each region; and
(B) 4 members who are industry members, including at least—
(i)
1 member who represents manufacturers of canola or rapeseed end products; and
(ii)
1 member who represents persons who commercially buy or sell canola or rapeseed.
(4) Limitation on State residence
There shall be no more than 4 producer members of the Board from any 1 State.
(5) Modifying Board membershipIn accordance with regulations approved by the Secretary, at least once each 3 years and not more than once each 2 years, the Board shall review the geographic distribution of canola and rapeseed production throughout the United States and, if warranted, recommend to the Secretary that the Secretary—
(A)
reapportion regions in order to reflect the geographic distribution of canola and rapeseed production; and
(B)
reapportion the seats on the Board to reflect the production in each region.
(6) Certification of organizations
(A) In general
For the purposes of section 7445 of this title, the eligibility of any State organization to represent producers shall be certified by the Secretary.
(B) CriteriaThe Secretary shall certify any State organization that the Secretary determines has a history of stability and permanency and meets at least 1 of the following criteria:
(i) Majority representationThe total paid membership of the organization—
(I)
is comprised of at least a majority of canola or rapeseed producers; or
(II)
represents at least a majority of the canola or rapeseed producers in the State.
(ii) Substantial number of producers represented
The organization represents a substantial number of producers that produce a substantial quantity of canola or rapeseed in the State.
(iii) Purpose
The organization is a general farm or agricultural organization that has as a stated objective the promotion and development of the United States canola or rapeseed industry and the economic welfare of United States canola or rapeseed producers.
(C) Report
The Secretary shall make a certification under this paragraph on the basis of a factual report submitted by the State organization.