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2204

FEDER AL REGISTER, Friday, June 2, 1939

they have been selected or until their successors are selected and have qualified.
j Alternates for members of Admin istrative Committee. An alternate for a member shall act in the place and stead of such member during such members absence. In the event of the death, re moval, resignation, or disqualification of a member, his alternate shall act for him until a successor for such member is selected and has qualified.
k Vacancies. To fill any vacancy occasioned by the failure to qualify of any person selected as a member or as an alternate for a member of the Ad ministrative Committee, or in the event of the death, removal, resignation, or disqualification of any member or al ternate for a member, a successor for his unexpired term shall be nominated and selected in the manner set forth in this section. If nominations to fill any such vacancy are not made within twenty 20 days after such vacancy occurs, the Secretary may fill such va cancy without regard to nominations.
l Compensation and expenses. The members and alternates for members of the Administrative Committee shall serve without compensation but may be reimbursed for expenses necessarily in curred by them in the performance of their respective duties.
m Powers. The Administrative Com mittee shall have the following powers:
1 To administer, as herein specifi cally provided, the terms and provisions hereof;
2 To make administrative rulings and regulations to effectuate the terms and provisions hereof:
3 To receive, investigate, and re port to the Secretary complaints of vio lations hereof; and 4 To recommend to the Secretary amendments hereto.
n Duties. The duties of the Admin istrative Committee shall be as follows:
1 To act as intermediary between the Secretary and any producer or handler;
2 To keep minutes, books, and rec ords which will clearly reflect all of its activities, and such minutes, books, and records shall be subject, at any time, to examination by the Secretary;
3 To study and assemble data on the producing, shipping, and handling con ditions respecting tomatoes grown in Mississippi, and to submit to the Secre tary such available information as he may request;
4 To perform such duties as may be assigned to it from time to time by the Secretary in connection with the admin istration of Section 32 of the Act to Amend the Agricultural Adjustment Act, and for other purposes Pub. No. 320, 74th Congress, approved August 24, 1935, as amended;
5 To cause its books to be audited by one or more certified public account ants at least once each fiscal year, and at such other times as it may deem neces
sary, or as the Secretary may request, and to file with the Secretary copies of any and all audit reportsj 6 To appoint such employees as it may deem necessary and to determine the salaries and define the duties of such employees;
7 To give the Secretary the same notice of its meetings as is given to its members; and 8 To select a chairman from among its members and to select such other offi cers as it may deem advisable.
o Procedure. 1 A quorum at any meeting shall consist of five members or alternates then serving in the place and stead of any members, and all decisions of the Administrative Committee shall be made by not less than five affirmative votes.
2 The members of the Administrative Committee, their alternates, and any agent or employee appointed or employed by the Administrative Committee, shall be subject to removal or suspension by the Secretary for cause at any time.
3 Each and every regulation, deci sion, determination, or other act of the Administrative Committee, shall be sub ject to the continuing right of the Secre tary to disapprove of the same at any time, and upon such disapproval, shall be deemed null and void, except as to acts done in reliance thereon or in com pliance therewith prior to such disap proval by the Secretary.
p Funds and other property. 1
All funds received by the Adm in istrative Committee pursuant to any provision hereof shall be used solely for the pur poses herein specified and shall be ac counted for in the manner herein pro vided.
2 The Secretary may, at any time, require the Administrative Committee and its individual members to account for all receipts and disbursements.
3 Upon the death, removal, or ex piration of the term of office, of any member or alternate for a member, or employee of the Administrative Commit tee, all books, records, funds, and other property in his possession shall be de livered to his successor in office, or to the Administrative Committee, and such as signments and other instruments shall be executed as may be necessary to vest in his successor, or in the Administrative Committee, full title to all the books, records, funds, and other property in the possession or under the control of such member, alternate, or employee pursuant hereto.
4 The Administrative Committee may, with the approval of the Secretary, maintain in its own name, or in the names of its members, a suit for the collection of any handlers pro rata share of expenses.
937.3 Regulation of shipments by grades and sizesa Recommendation of the Administrative C o m m i t t e e .
Whenever the Administrative Committee deems it advisable to regulate the ship
ment in interstate commerce or to Can ada of any grades or sizes of tomatoes, or both, during any specified period, it max so recommend to the Secretary. At the time of submitting such recommend ation, the Administrative Committee shall furnish to the Secretary all per tinent data and information upon which it acted in making such recommendation, along with such other data and in formation as the Secretary may request.
The Administrative Committee shall give immediate notice to handlers and pro ducers of any such recommendation, in such manner as it shall deem adequate under the circumstances.
b Regulation of shipments. Based upon the recommendation of the Ad ministrative Committee and upon the information submitted in connection therewith, and upon other available data, the Secretary may regulate the grades or sizes, or .both, of tomatoes which may be shipped during any speci fied period by prohibiting or limiting the shipment of certain grades or sizes, or both, of tomatoes diming such period!
The Secretary shall immediately notify the Administrative Committee of the is suance of sUch regulation, and the Ad ministrative Committee shall promptly notify handlers and producers of the Secretarys regulation by giving notice in such manner as it shall deem ade quate under the circumstances.
c Exemption certificates. 1 At the beginning of each fiscal year the Administrative Committee shall adopt and announce the procedural rules by which the exemption certificates will be issued to producers. Whenever the Ad ministrative Committee recommends to the Secretary a regulation of shipments, pursuant to this section, it shall deter mine and immediately thereafter an nounce the percentage which the grades or sizes, or both, of tomatoes permitted to be shipped under such regulation bears to the total quantity of tomatoes which could be shipped in the absence of such regulation. The Administrative Committee shall thereafter grant an exemption certificate to any producer who furnishes proof that he will be pre vented, because of the regulation es tablished, from shipping as large a per centage of his tomatoes as the percent age announced by it for all producers.
Such exemption certificate shall permit the producer to ship or cause to be shipped that quantity of the regulated grades or sizes, or both, of tomatoes as will enable him to ship or cause to be shipped as large a percentage of his to matoes as the percentage announced by the Administrative Committee for all producers.
2 If any producer is dissatisfied with the determination of the Administrative Committee with respect to his exemp tion certificate, he may appeal to the Secretary, whose decision in the matter shall be final and conclusive.
3 The Secretary shall have power to modify, change, alter, or amend any