to the initial members, shall be made by | selected as the initial members, shall the commodity committees in the follow-qualify by filing with the Secretary, or ing manner: with the designated representative of the Secretary, a written acceptance of the appointment.

(1) A nomination for one member shall be made by each commodity committee selected pursuant to paragraph (e) Designation of members of com(j) of this section. Nominations for the modity committees. There is hereby remaining members to represent grow-established the Bartlett Pear Commodity ers shall be made by the respective com- Committee consisting of 12 members, and modity committees as provided hereinafter. The number of remaining members which each commodity committee shall be entitled to nominate shall be based upon the proportion that the previous three seasons' shipments of the kind of fruit for which the respective commodity committee has been established, pursuant to the provisions hereof, is of the total shipments of all fruit, as defined in paragraph (d) of § 936.1, during such previous three seasons: Provided, however, That, in the event statistical information regarding such shipments is not available for one of the aforesaid three seasons, the nominations shall be based, as aforesaid, on the three seasons, for which statistics are available, next preceding the season during which the nominations are being made.

the Plum Commodity Committee and the Elberta Peach Commodity Committee each consisting of 7 members. The members of each commodity committee shall be selected annually for a term ending on February 15, and such members shall serve until their respective successors are selected and qualified. The initial members of each commodity committee shall be selected by the Secretary as soon as reasonably possible after the effective date hereof. In making such selections, the Secretary may consider such nominations or suggestions, if any, submitted by growers, and such nominations or suggestions may be by virtue of elections conducted by groups of growers prior to, or immediately subsequent to. the effective date hereof. The members of each commodity committee selected subsequent to the initial members shall be selected in accordance with the pro

(2) A person nominated by any commodity committee for membership on the Control Committee shall be an in-visions hereinafter set forth. dividual person who produced, during the previous season, at least 51 percent of the total fruit shipped by him during such season. Each member of each commodity committee shall have only one vote in the selection of nominees for membership on the Control Committee.

(d) Selection of members of the Control Committee. From the nominations made by each elective body pursuant to subparagraph (1) of paragraph (b) of this section, or from other persons, the Secretary shall select four members of the Control Committee. From the nominations made pursuant to subparagraph (2) of paragraph (b) of this section, or from other persons, the Secretary shall select the remaining shipper members of the Control Committee. From the nominations made pursuant to paragraph (c) of this section, or from other persons, the Secretary shall select the grower members of the Control Committee. Any person selected as a member of the Control Committee, including but not being limited to those

(f) Nomination of Bartlett Pear Commodity Committee members. Nominations for membership on the Bartlett Pear Commodity Committee shall be made by the growers of Bartlett pears, as follows:

(1) One nominee by the growers in the North Sacramento Valley District and Central Sacramento Valley District.

(2) One nominee by the growers in the Placer District.

(3) Three nominees by the growers in the Sacramento River District and Stockton District.

(4) One nominee by the growers in the Solano District.

(5) One nominee by the growers in the Contra Costa District and Santa Clara District.

(6) One nominee by the growers in the Lake District.

(7) One nominee by the growers in the North Coast District and North Bay District.

(8) One nominee by the growers in made by the growers of Bartlett pears in the Colfax District.

(1) Two nominees by the growers in the same manner and according to the the Fresno District.

(4) One nominee by the growers in the initial committees, shall be supervised by North Sacramento Valley District.

(i) Procedure for nominating members of various commodity committees. The (k) Failure to make nominations for nominations for membership on the Bart-committee memberships. In the event lett Pear Commodity Committee shall be nominations are not made for member

an

ship on the various commodity commit- | the initial members. To fill any vatees, pursuant to the provisions of this cancy, which occurs prior to February section, by March 15 of each year, the 15, 1940, occasioned by the failure of any Secretary may select such members with- person selected as a member of any out waiting for nominees to be desig- commodity committee to qualify, or the nated. In the event nominations are not death, removal, resignation, or disqualimade for membership on the Control fication of any qualified member of any Committee, pursuant to the provisions of commodity committee prior to February this section, by April 1 of each year, the 15, 1940, a successor for his unexpired Secretary may select such members with- term shall be selected in the same manout waiting for nominees to be desig- ner provided in this section for the nated. selection of the initial members of any commodity committee; and to fill any vacancy, which occurs subsequent to February 15, 1940, occasioned by the failure of any person, selected as a member of any commodity committee to qualify, or the death, removal, resignation, or disqualification of any qualified member of any such committee, a successor for the unexpired term shall be nominated and selected in the same manner provided in this section for the nomination and selection of members of any commodity committee nominated and selected subsequent to the initial members. If nomination for any such vacancy on the Control Committee or any commodity committee is not made within 20 days after the beginning of such vacancy, the Secretary may select the successor for the unexpired term without waiting for nomination to be made.

(1) Alternates. There shall be alternate for each member of the Control Committee, and an alternate for each member of each commodity committee. Each such alternate shall possess the same qualifications, shall be nominated and selected in the same manner and shall hold office for the same term, as the member for whom he is alternate. An alternate shall, in the event of such member's absence at a meeting of the committee of which he is a member, act in the place and stead of such member; and, in the event of such member's removal, resignation, disqualification, or death, the alternate for such member shall, until a successor for the unexpired term of said member has been selected, act in the place and stead of said member.

(1)

(n) Organization of committees. The Control Committee shall not perform any of its duties, or exercise any of the powers herein granted, while there are more than seven vacancies in its membership. A majority of all of the members of the Control Committee shall constitute a quorum; and any action of the Control Committee shall require the concurrence of the majority of all members present at the meeting.

(m) Procedure for filling vacancies on committees. To fill any vacancy, which occurs prior to March 1, 1940, occasioned by the failure of any person selected as a member of the Control Committee to qualify, or the death, removal, resignation, or disqualification of any qualified member of the Control Committee prior to March 1, 1940, a successor for his unexpired term shall be selected in the same manner provided in this section for the selection of the initial members of the Control Committee; and to fill any vacancy, which (2) The Bartlett Pear Commodity occurs subsequent to March 1, 1940, oc- Committee shall not perform any of its casioned by the failure of any person duties, or exercise any of the powers selected as a member of the Control herein granted, while there are more Committee to qualify, or the death, re-than three vacancies in its membermoval, resignation, or disqualification of ship. None of the other commodity any qualified member of such commit- committees, provided for by this sectee, a successor for the unexpired term tion, shall perform any of its respective shall be nominated and selected in the duties, or exercise any of the powers same manner provided in this section herein granted, while there are more for the nomination and selection of than two vacancies in its membership. members of the Control Committee A quorum of the Bartlett Pear Commodnominated and selected subsequent to ity Committee shall consist of eight

members; and a quorum of each of the (q) Funds and other property. (1) other commodity committees shall con- | All funds received by the Control Comsist of five members.

(3) The Control Committee and each commodity committee shall give to the Secretary, or to the designated agent of the Secretary, the same notice of each meeting that is given to the members of the respective committee.

(4) The Control Committee or any commodity committee may, subject to disapproval by the Secretary, provide for, upon due notice to all of the members of the respective committee, voting by letter, telegraph, or telephone: Provided, That any member voting by telephone shall promptly thereafter confirm in writing his vote so cast.

(0) Removal and disapproval. The members of the Control Committee, including their respective successors and alternates, and the members of each commodity committee, including their respective successors and alternates, and any agent or employee appointed or employed by the Control Committe, or any other committee established pursuant to the provisions hereof, shall be subject to removal or suspension at any time by the Secretary. Each regulation, decision, determination, or other act of the Control Committee, or any commodity committee, or any other committee established pursuant to the provisions hereof, shall be subject to the continuing right of the Secretary to disapprove of the same at any time; and, upon such disapproval, each such regulation, decision, determination, or other act, shall be deemed null and void except as to acts done in reliance thereon or in compliance therewith prior to such disapproval by the Secretary.

mittee, pursuant to the provisions hereof, shall be used solely for the purposes herein specified; and the Secretary may require the Control Committee and its members to account for all receipts and disbursements.

(2) Upon the death, resignation, removal, or expiration of the term of any member or employee of the Control Committee, or of any member of any commodity committee, all books, records, funds, and other property in his possession belonging to the Control Committee or any commodity committee shall be delivered to the Control Committee or to his successor in office; and such asbe executed as may be necessary to vest signments and other instruments shall in the Control Committee full title to all the books, records, funds, and other property in the possession or under the control of such member or employee, pursuant to the provisions hereof.

the approval of the Secretary, maintain (3) The Control Committee may, with in its own name, or in the name of its the collection of such shipper's pro rata members, a suit against any shipper for share of expenses, pursuant to the provisions hereof.

(r) Powers of Control Committee. 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 with and to effectuate the terms and provisions hereof;

(3) To receive, investigate, and report to the Secretary complaints of violations of the provisions hereof; and

(4) To recommend to the Secretary amendments hereto.

(s) Duties of Control Committee. The Control Committee shall have the following duties:

(p) Compensation. The shipper members of the Control Committee, and their respective alternates, shall serve without compensation; but said members, and their respective alternates, shall be reimbursed for expenses necessarily incurred in the performance of their respective duties. The members of each commodity committee and the grower members of the Control Committee may receive compensation not to exceed the (2) To keep minute books and records amount of $5 per diem, for attendance which will clearly reflect all of the acts at each meeting, in addition to being and transactions of said Control Comreimbursed for necessary expenses inci-mittee; and such minute books and recdent to attending said meeting.

(1) To act as intermediary between the Secretary and any grower or shipper;

ords shall be subject at any time to

examination by the Secretary or by such | of the duties and functions of the Conperson as may be designated by the trol Committee; Secretary;

(3) To investigate, from time to time, and assemble data on the growing, shipping, and marketing conditions respecting fruit, as defined herein, grown in the State of California; and to furnish to the Secretary such available information as may be requested;

(4) To employ a manager, who shall also act as secretary of all committees provided for herein, and such other employees as it may deem necessary; and to determine the salaries and define the duties of any and all such employees; (5) To perform such duties as may be assigned to it from time to time by the Secretary in connection with the administration of section 32 of the Act to amend the Agricultural Adjustment Act, and for other purposes, Public Act No. 320, 74th Congress, approved by the President on August 24, 1935, as amended;

(6) To submit at the beginning of each season to the Secretary, for his approval, a budget of its expenses;

(7) To confer with representatives of shippers and growers of fruit produced in other states and areas with respect to the formulation or operation of marketing agreements providing for the regulation of shipments among the several States and areas in the United States in which such fruit is grown;

(10) To disapprove, if it deems proper, any action or recommendation of any commodity committee: Provided, That, such disapproval must be by the affirmative vote of at least 17 members of the Control Committee, and the reasons for such disapproval shall be immediately submitted to the Secretary;

(11) With the approval of the Secretary, to redefine the districts into which the State of California has been divided hereby or change the representation of any district on any commodity committee: Provided, however, That, if any of such changes are made representation on any such committee from the various districts shall be based, so far as practicable, upon the proportionate quantity of the respective fruit shipped from the respective districts during the preceding three seasons: Provided, however, That, in the event statistical information regarding such shipments is not available for one of the aforesaid three seasons, the nominations shall be based, as aforesaid, on the three seasons, for which the shipments are available, next preceding the season during which the nominations are being made;

(12) To defend all legal proceedings against any committee members (individually or as members) or any officers or employees of such committees arising out of any act or omission made in good faith pursuant to the provisions hereof; and

(13) To cause the books of the Control Committee to be audited by a competent accountant at least once each season and at such other time or times as the Control Committee may deem necessary or as the Secretary may request. Such audit shall indicate whether the funds have been received and expended in accordance with the provisions hereof.

(8) To establish a Sales Managers' Committee of seven members, the members of which shall be selected by the shipper members of the Control Committee, and no sales manager or other person shall be eligible for membership on the Sales Managers' Committee unless the organization he represents has paid the assessments, due by it, pursuant to § 936.8, and at least one member shall be the representative of a cooperative marketing association; the Sales Man(t) Powers and duties of each comagers' Committee may attend each commodity committee. Each commodity modity committee meeting to consider committee shall have the following (i) regulation of unfair trade practices powers and duties: pursuant to § 936.3, or (ii) regulation by grades and sizes pursuant to § 936.4 hereof, or (iii) regulation of daily shipments pursuant to § 936.5;

(9) To establish and define the duties of additional committees or subcommittees to assist in the performance of any

(1) With regard to the respective fruit for which it was established, to recommend to the Secretary regulation of shipments pursuant to the provisions hereof, and to possess such other powers and exercise such other duties as will properly effectuate the purposes hereof: