---
kind: "section"
citation: "7 U.S.C. § 4806"
title: "7"
title_heading: "Agriculture"
number: "4806"
heading: "National Pork Producers Delegate Body"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/4806"
units:
  - "Chapter 79 — Pork Promotion, Research, and Consumer Information"
---

# §4806. National Pork Producers Delegate Body

- (a) **Establishment and appointment—** The [order](/usc/7/4802.md?p=6) shall provide for the establishment and appointment by the [Secretary](/usc/7/4802.md?p=14), not later than 60 days after the effective date of such [order](/usc/7/4802.md?p=6), of a National [Pork](/usc/7/4802.md?p=9) [Producers](/usc/7/4802.md?p=11) [Delegate Body](/usc/7/4802.md?p=3).
- (b) **Membership; number of producer members; number of importer members—**
  - (1) The [Delegate Body](/usc/7/4802.md?p=3) shall consist of—
    - (A) [producers](/usc/7/4802.md?p=11), as appointed by the [Secretary](/usc/7/4802.md?p=14) in accordance with [paragraph (2)](#b-2), from nominees submitted as follows:
      - (i) in the case of the initial [Delegate Body](/usc/7/4802.md?p=3) appointed by each [State](/usc/7/4802.md?p=15) in accordance with [section 4807 of this title](/usc/7/4807.md).
      - (ii) in the case of each succeeding [Delegate Body](/usc/7/4802.md?p=3), each [State association](/usc/7/4802.md?p=16) shall submit nominations selected by such association pursuant to a selection process that—
        - (I) is approved by the [Secretary](/usc/7/4802.md?p=14);
        - (II) requires public notice of the process to be given at least one week in advance by publication in a newspaper or newspaper of general circulation in such [State](/usc/7/4802.md?p=15) and in pork production and agriculture trade publications; and
        - (III) that provides complete and equal access to the nominating process to every [producer](/usc/7/4802.md?p=11) who has paid all assessments due under [section 4809 of this title](/usc/7/4809.md) and not demanded a refund under [section 4813 of this title](/usc/7/4813.md),

        or pursuant to an election of nominees conducted in accordance with [section 4807 of this title](/usc/7/4807.md).

      - (iii) In the case of a [State](/usc/7/4802.md?p=15) that has a [State association](/usc/7/4802.md?p=16) that does not submit nominations or that does not have a [State association](/usc/7/4802.md?p=16), such [State](/usc/7/4802.md?p=15) shall submit nominations in a manner prescribed by the [Secretary](/usc/7/4802.md?p=14); and
    - (B) [importers](/usc/7/4802.md?p=5), as appointed by the [Secretary](/usc/7/4802.md?p=14) in accordance with [paragraph (3)](#b-3).
  - (2) The number of [producer](/usc/7/4802.md?p=11) members appointed to the [Delegate Body](/usc/7/4802.md?p=3) from each [State](/usc/7/4802.md?p=15) shall equal at least two members, and additional members, allocated as follows:
    - (A) Shares shall be assigned to each [State](/usc/7/4802.md?p=15)—
      - (i) for the 1986 calendar year, on the basis of one share for each $400,000 of farm [market](/usc/7/198.md?p=1) value of [porcine animals](/usc/7/4802.md?p=8) marketed from such [State](/usc/7/4802.md?p=15) (as determined by the [Secretary](/usc/7/4802.md?p=14) based on the annual average of farm [market](/usc/7/198.md?p=1) value in the most recent 3 calendar years preceding such year), rounded to the nearest $400,000; and
      - (ii) for each calendar year thereafter, on the basis of one share for each $1,000 of the aggregate amount of assessments collected (minus refunds under [section 4813 of this title](/usc/7/4813.md)) in such [State](/usc/7/4802.md?p=15) from [persons](/usc/7/4802.md?p=7) described in [section 4809(a)(1)(A)](/usc/7/4809.md?p=a-1-A) and (B) of this title, rounded to the nearest $1,000.
    - (B) If during a calendar year the number of such shares of a [State](/usc/7/4802.md?p=15) is—
      - (i) less than 301, the [State](/usc/7/4802.md?p=15) shall receive a total of two [producer](/usc/7/4802.md?p=11) members;
      - (ii) more than 300 but less than 601, the [State](/usc/7/4802.md?p=15) shall receive a total of three [producer](/usc/7/4802.md?p=11) members;
      - (iii) more than 600 but less than 1,001, the [State](/usc/7/4802.md?p=15) shall receive a total of four [producer](/usc/7/4802.md?p=11) members; and
      - (iv) more than 1,000, the [State](/usc/7/4802.md?p=15) shall receive four [producer](/usc/7/4802.md?p=11) members, plus one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300.
  - (3) The number of [importer](/usc/7/4802.md?p=5) members appointed to the [Delegate Body](/usc/7/4802.md?p=3) shall be determined as follows:
    - (A) Shares shall be assigned to [importers](/usc/7/4802.md?p=5)—
      - (i) for the 1986 calendar year, on the basis of one share for each $575,000 of [market](/usc/7/198.md?p=1) value of marketed [porcine animals](/usc/7/4802.md?p=8), [pork](/usc/7/4802.md?p=9), or [pork products](/usc/7/4802.md?p=10) (as determined by the [Secretary](/usc/7/4802.md?p=14) based on the annual average of imports in the most recent 3 calendar years preceding such year), rounded to the nearest $575,000; and
      - (ii) for each calendar year thereafter, on the basis of one share for each $1,000 of the aggregate amount of assessments collected (minus refunds under [section 4813 of this title](/usc/7/4813.md)) from [importers](/usc/7/4802.md?p=5), rounded to the nearest $1,000.
    - (B) The number of [importer](/usc/7/4802.md?p=5) members appointed to the [Delegate Body](/usc/7/4802.md?p=3) shall equal a total of—
      - (i) three members for the first 1,000 such shares; and
      - (ii) one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300.
- (c) **Voting; quorum; votes necessary for decision—**
  - (1) A [producer](/usc/7/4802.md?p=11) member of the [Delegate Body](/usc/7/4802.md?p=3) may, in a vote conducted by the [Delegate Body](/usc/7/4802.md?p=3) for which the member is present, cast a number of votes equal to—
    - (A) the number of shares attributable to the [State](/usc/7/4802.md?p=15) of the member; divided by
    - (B) the number of [producer](/usc/7/4802.md?p=11) members from such [State](/usc/7/4802.md?p=15).
  - (2) An [importer](/usc/7/4802.md?p=5) member of the [Delegate Body](/usc/7/4802.md?p=3) may, in a vote conducted by the [Delegate Body](/usc/7/4802.md?p=3) for which the member is present, cast a number of votes equal to—
    - (A) the number of shares allocated to [importers](/usc/7/4802.md?p=5); divided by
    - (B) the number of [importer](/usc/7/4802.md?p=5) members.
  - (3) Members entitled to cast a majority of the votes (including fractions thereof) on the [Delegate Body](/usc/7/4802.md?p=3) shall constitute a quorum.
  - (4) A majority of the votes (including fractions thereof) cast at a meeting at which a quorum is present shall be decisive of a motion or election presented to the [Delegate Body](/usc/7/4802.md?p=3) for a vote.
- (d) **Term of office—** A member of the [Delegate Body](/usc/7/4802.md?p=3) shall serve for a term of 1 year, except that the term of a member of the [Delegate Body](/usc/7/4802.md?p=3) shall continue until the successor of such member, if any, is appointed in accordance with [subsection (b)(1)](#b-1).
- (e) **Chairman—**
  - (1) At the first annual meeting, the [Delegate Body](/usc/7/4802.md?p=3) shall select a Chairman by a majority vote.
  - (2) At each annual meeting thereafter, the President of the [Board](/usc/7/4802.md?p=1) shall serve as the Chairman of the [Delegate Body](/usc/7/4802.md?p=3).
- (f) **Compensation—** A member of the [Delegate Body](/usc/7/4802.md?p=3) shall serve without compensation, but may be reimbursed by the [Board](/usc/7/4802.md?p=1) from assessments collected under [section 4809 of this title](/usc/7/4809.md) for transportation expenses incurred in performing duties as a member of the [Delegate Body](/usc/7/4802.md?p=3).
- (g) **Nomination of members to National Pork Board; annual meeting; majority vote in person to nominate—**
  - (1) The [Delegate Body](/usc/7/4802.md?p=3) shall—
    - (A) nominate—
      - (i) not less than 23 [persons](/usc/7/4802.md?p=7) for appointment to the [Board](/usc/7/4802.md?p=1), for the first year for which nominations are made; and
      - (ii) not less than 1½ [persons](/usc/7/4802.md?p=7) (rounded up to the nearest [person](/usc/7/4802.md?p=7)) for each vacancy in the [Board](/usc/7/4802.md?p=1) that requires nominations thereafter; and
    - (B) submit such nominations to the [Secretary](/usc/7/4802.md?p=14).
  - (2) The [Delegate Body](/usc/7/4802.md?p=3) shall meet annually to make such nominations.
  - (3) A majority of the [Delegate Body](/usc/7/4802.md?p=3) shall vote in [person](/usc/7/4802.md?p=7) in [order](/usc/7/4802.md?p=6) to nominate members to the [Board](/usc/7/4802.md?p=1).
- (h) **Duties and functions—** The [Delegate Body](/usc/7/4802.md?p=3) shall—
  - (1) recommend the rate of assessment prescribed by the initial [order](/usc/7/4802.md?p=6) and any increase in such rate pursuant to [section 4809(5)](/usc/7/4809.md)[^1] of this title; and
  - (2) determine the percentage of the aggregate amount of assessments collected in a [State](/usc/7/4802.md?p=15) that each [State association](/usc/7/4802.md?p=16) shall receive under [section 4809(c)(1) of this title](/usc/7/4809.md?p=c-1).

## Footnotes

[^1]: So in original. Probably should be section “4809(b)”.

## Source credit

(Pub. L. 99–198, title XVI, § 1617, Dec. 23, 1985, 99 Stat. 1609.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.