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FEDERAL REGISTER, Saturday, June 17,1939
e Grower or producer means any person engaged in the production of pears, either as owner or tenant.
f Handler means any person ex cept a common carrier of pears for an other person, whether as owner, agent, or otherwise, who first ships pears, or who first causes pears to be shipped, in fresh form from the State of California by rail, truck, boat, or any other means whatsoever.
g Ship or handle means to sell, trans port, offer for transportation, or ship in the current of interstate or foreign com merce, or so as directly to burden, ob struct, or affect such commerce. Ship or handle shall not include the act of a producer in selling, delivering, or trans porting, within the State of California, pears which have been produced by him.
h Season means the twelve-month period beginning April 1 of any year and ending March 31 of the following year, both inclusive.
i District means either one of the following geographical divisions within the State of California:
1 District No. 1, which shall include the counties of Alameda, Monterey, Santa Clara, San Mateo, Santa Cruz, and San Benito; and 2 District No. 2, which shall include all of the remaining counties which are not included in District No. 1.
938.2 Control Committee a Es tablishment of Control Committee. A
Control Committee, consisting of seven members, is hereby established to admin ister the terms and provisions hereof as specifically provided herein.
b Nomination of members. The growers of pears in District No. 1 shall nominate six persons as members and six persons as alternates for such members, and the growers of pears in District No. 2
shall nominate one person as member and one person as alternate for such member.
c Meetings for nomination. Nomi nations for initial members of the Con trol Committee shall be made at meet ings of growers called by the Secretary as soon as practicable after the effective date hereof. Nominations for members, subsequent to the initial nominations, shall be made at a meeting or meetings of growers in the respective districts and at such time on or before April 15 of each season and at such places as the Control Committee shall designate. The growers at each of such meetings shall select a chairman and secretary therefor.
After nominations have been made, the chairman or secretary of such meeting shall forthwith transmit to the Secretary his certificate showing the name of each person for whom votes have been cast, whether as member or as alternate for a member, and the number of votes re ceived by each such person.
d Voting, in the nomination of members of the Control Committee, each grower shall be entitled to cast only one vote for each nominee, on behalf of him
self, his agents, partners, and representa tives, and only growers personally present at such meetings shall be entitled to vote.
e Eligibility for membership. Each member of the Control Committee must be a grower who produces pears in the district which he represents, and, if he shipped pears during the season imme diately preceding that for which he is selected, he must have produced at least two-thirds of the pears so shipped by him during such preceding season.
f Selection by the Secretary. Prom the nominations made by the grow ers in the respective districts, or from among the growers in such districts, the Secretary shall select six mem bers of the Control Committee to repre sent the growers in District No. 1 and one member of said committee to repre sent the growers in District No. 2.
g Failure to nominate. In the event nominations are not made pursuant to paragraph c of this section on or be fore April 15 of the season for which such nominations should have been made, the Secretary may select the members of the Control Committee for such season with out regard to nominations.
h Qualification. Each person se lected as a member of the Control Com mittee shall qualify therefor by filing with the Secretary a written acceptance thereof within 20 days after being noti fied of such selection by the Secretary.
i Terms of office. The initial mem bers of the Control Committee shall hold office for a term beginning on the date of their selection by the Secretary and ending March 31, 1940, and until their successors are selected and have quali fied. Members selected subsequent to the initial term shall serve during the season for which they have been selected and until their successors are selected and have qualified.
j Alternates for members. There shall be an alternate for each member of the Control Committee. Each such al ternate shall possess the same qualifica tions, shall be nominated and selected and shall qualify in the same manner, and shall hold office for the same term as the member for which he is alternate.
An alternate shall, in the event of the members absence from a meeting of the Control Committee, act in the place and stead of such member, and, in the event of the members removal, resignation, disqualification, or death, shall act in the place and stead of such member until a successor for the unexpired term of such member has been selected.
k Vacancies. To fill any vacancies occasioned by the failure of any person selected as a member or as an alternate for a member of the Control Committee to qualify, or in the event of the death, removal, resignation, or disqualification of any member or of any alternate, a successor for his unexpired term shall be nominated and selected in accordance with the provisions set forth in this sec tion for the nomination and selection of members and of alternates for members.

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If a successor for any such vacancy is not nominated within 20 days after such vacancy occurs, the Secretary may select such successor without regard to nomi nation.
l Compensation. The members and the alternates for members of the Con trol Committee shall serve without com pensation, but shall be reimbursed for expenses necessarily incurred by them in the performance of their duties and in the exercise of their powers here under.
m Powers. The Control Committee shall have the following powers:
1 to administer, as herein specifically provided, the terms and provisions hereof;
2 to make administrative rules and regulations in accordance herewith, and to effectuate the terms and provisions hereof;
3 to receive, investigate, and report to the Secretary complaints of violations hereof; and 4 to recommend to the Secretary amendments hereto.
n Ditties. The duties of the Control Committee shall be as follows:
1 to act as intermediary between the Secretary and any grower or handler;
2 to keep minutes, books, and records which will clearly reflect all of the acts and transactions of the Control Com mittee, which minutes, books, and rec ords shall be subject at all times to ex amination by the Secretary;
3 to investigate, from time to time, and to assemble data on the growing, harvesting, shipping, and marketing con ditions respecting pears;
4 to furnish to the Secretary such available information as the Secretary requests;
5 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 22 of the Act to Amend the Agricultural Adjustment Act, and for other purposes, Public No. 320, 74th Congress August 24, 1935, as amended;
6 to cause the books of the Con trol Committee to be audited by one or more competent accountants at least once each season and at such other times as the Control Committee may deem necessary or as the Secretary may request, and to file with the Secretary copies of all audit reports;
7 to appoint such employees as it may deem necessary, and to determine the salaries and define the duties of such employees;
8 to give the Secretary the same notice of meetings of the Control Com mittee as is given to the members of the Control Committee; and 9 to select a chairman of the Con trol Committee and such other officers as it may deem advisable.
o Procedure. 1 A quorum shall consist of five members, or alternates then serving in the place and stead of