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FEDERAL REGISTER, Friday , June 2, 1939
or so as directly to burden, ob tive Committee is hereby established consisting of seven members, four of or affect such commerce;
2 That this order regulates the han whom shall represent producers, and dling of such tomatoes in the same man three of whom shall represent handlers, ner as the aforesaid marketing agree and such members and their respective ment, and th at it is made applicable only alternates shall be nominated and se to persons in the respective classes of lected from representative districts in industrial and commercial activity speci Mississippi as follows:
b Districts and representation. 1
fied in the said marketing agreement;
District No. 1 shall be composed of Beat and 3 That the issuance of this order is No. 5 of Copiah County, and all of Simp favored by more than two-thirds % of son County, and shall be represented by the producers who, during the 1938 sea two 2 producer members and one 1
son which is hereby determined to be handler member;
2 District No. 2 shall be composed of a representative period, produced to matoes for market within the State of Beats No. 1, No. 2, and No. 3 of Copiah County, and all other counties not spe Mississippi.
Now, therefore, it is hereby ordered, cifically enumerated in District No. 1
pursuant to the provisions of the act, and District No. 3, and shall be repre that such handling of tomatoes grown sented by one 1 producer member and in the State of Mississippi as is in the cur one 1 handler member;
3 District No. 3 shall be composed rent of interstate commerce or commerce to Canada, or which directly burdens, ob of Beat No. 4 of Copiah County, and all structs, or affects such commerce in such of the Counties of Hinds, Claiborne, tomatoes, from and after the date herein Rankin, and Jefferson, and shall be rep after specified, shall be in conformity to resented by one 1 producer member and in compliance with the terms and and one 1 handler member.
c Nomination and selection of mem conditions of this order.
937.1 Definitions. As used herein, bers. Producer members and their re the following terms have the following spective alternates for each district shall be selected by the Secretary from nomi meanings:
a Secretary means the Secretary of nees elected by the producers in such dis trict, and handler members and their re Agriculture of the United States of spective alternates for each district shall America.
b Act means Public Act No. 10, be selected by the Secretary from nomi elected by the handlers in such dis 73d Congress, as amended and as re nees trict.
The number of nominees elected enacted and amended by the Agricultural Marketing Agreement Act of 1937, as from the respective districts shall be as follows:
amended.
1 District No. 1four 4 nominees c Person means an individual, partnership, corporation, association, for producer members and two 2 nomi legal representative, or any organized nees for handler members, and a corre sponding number of nominees as alter group of individuals.
d Tomatoes means and includes nates for such members;
2 District No. 2two 2 nominees any and all varieties of tomatoes grown for producer members and two 2> nomi in Mississippi for market.
e Producer means any person en nees for handler members, and a corre sponding number of nominees as alter gaged in growing tomatoes.
f Handler means any person, ex nates for such members;
3 District No. 3two 2 nominees cept a common carrier for another per son, whether as owner, agent, or other for producer members and two 2 nomi wise, who first ships tomatoes, or who nees for handler members, and a corre first causes tomatoes to be shipped, in sponding number of nominees as alter fresh form from the State of Mississippi nates for such members.
by rail, truck, boat, or any other means d Meetings for election of nominees.
whatsoever.
Nominations for initial members and al g Ship means to sell, deliver, ternates for members of the Administra transport, offer for transportation, or tive Committee shall be made at meetings ship in the current of interstate com of producers and handlers called by the merce or commerce to Canada, or so as Secretary, as soon as practicable after directly to burden, obstruct, or affect such the effective date hereof. Nominations commerce. Ship does not include the for members and alternates for members, act of a producer in selling, delivering, or subsequent to the initial nominations, transporting, within the State of Mississhall be made, on or before March 10
sippi, tomatoes which have been pro of each year, at meetings of producers duced by him.
and handlers in each of the districts des h Fiscal year means the twelveignated in paragraph b of this section, month period beginning April 1 of any and at such times and places as the Ad year and ending the last day of March ministrative Committee shall designate.
of the following year, both dates inclu At each of such meetings, the producers sive.
and handlers eligible to participate there 937.2 Administrative Committee_ in shall select a chairman and a secretary a Membership and organization of Ad therefor. In the election of nominees, ministrative Committee. An Administra each producer and each handler shall be meTce, struct,
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entitled to vote in accordance with the provisions of paragraph e of this sec tion. The chairman of the meeting shall announce at the meeting the name of each person for whom votes have been cast, whether as a member or as an alternate for a member, and the number of votes cast for each such person, and the chairman and the secretary of such meeting shall forthwith transmit such information to the Secretary.
e Voting. Only producers shall participate in the nomination of pro ducer members and their alternates, and only handlers shall participate in the nomination of handler members and their, alternates. A producer may par ticipate only in the elections held in the district in which he produces tomatoes, and a handler may participate only in the elections held in the districts from which he shipped tomatoes during the preceding marketing season. No one may vote both as a handler and as a producer. Each producer shall be en titled to cast one vote on behalf of him self, his agents, partners, affiliates, sub sidiaries, and representatives for each nominee to be elected. For each carload of tomatoes shipped during the preced ing marketing season from the district in which the election is being held, each handler shall be entitled to one vote, on behalf of himself, his agents, partners, affiliates, subsidiaries, and representa tives, for each nominee to be selected.
No person shall participate as a pro ducer in elections held in more than one district in any one season.
f Eligibility for membership. Mem bers and alternates for members of the Administrative Committee must be resi dents of the district in and for which they are nominated and selected. Only producers shall be eligible for nomina tion and selection as producer members or as alternates for such members, and only handlers shall be eligible for nomi nation and selection as handler members or as alternates for such members.
g Failure to nominate. In the event nominations, subsequent to initial nom inations, are not made pursuant to par agraphs c and d of this section on or before March 10 of any year, the Sec retary may select members and alter nates for members without regard to nominations.
h Qualification. Any person selected by the Secretary as a member or as an alternate for a member of the Adminis trative Committee shall qualify by filing a written acceptance with the Secretary within 15 days after being notified of such selection.
i Term of office. The initial mem bers and their respective alternates shall hold office for a term beginning on the date designated by the Secretary and ending March 31, 1940, or until their successors are selected and have qualified.
Members and alternates for members se lected subsequent to the initial term shall serve during the fiscal year for which