---
kind: "section"
citation: "7 U.S.C. § 7464"
title: "7"
title_heading: "Agriculture"
number: "7464"
heading: "National Kiwifruit Board"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7464"
units:
  - "Chapter 101 — Agricultural Promotion"
  - "Subchapter IV — Kiwifruit"
---

# §7464. National Kiwifruit Board

- (a) **Membership—** An [order](/usc/7/7462.md?p=8) issued by the [Secretary](/usc/7/7462.md?p=14) under [section 7463 of this title](/usc/7/7463.md) shall provide for the establishment of a National [Kiwifruit](/usc/7/7462.md?p=6) [Board](/usc/7/7462.md?p=1) that consists of the following 11 members:
  - (1) 10 members who are [producers](/usc/7/7462.md?p=11), [exporters](/usc/7/7462.md?p=3), or [importers](/usc/7/7462.md?p=5) (or their representatives), based on a proportional representation of the level of domestic production and imports of [kiwifruit](/usc/7/7462.md?p=6) (as determined by the [Secretary](/usc/7/7462.md?p=14)).
  - (2) 1 member appointed from the general public.
- (b) **Adjustment of membership—** Subject to the 11-member limit, the [Secretary](/usc/7/7462.md?p=14) may adjust membership on the [Board](/usc/7/7462.md?p=1) to accommodate changes in production and import levels of [kiwifruit](/usc/7/7462.md?p=6).
- (c) **Appointment and nomination—**
  - (1) **Appointment—** The [Secretary](/usc/7/7462.md?p=14) shall appoint the members of the [Board](/usc/7/7462.md?p=1) from nominations submitted in accordance with this subsection.
  - (2) **Producers—** The members who are [producers](/usc/7/7462.md?p=11) referred to in [subsection (a)(1)](#a-1) shall be appointed from individuals nominated by [producers](/usc/7/7462.md?p=11).
  - (3) **Importers and exporters—** The members who are [importers](/usc/7/7462.md?p=5) or [exporters](/usc/7/7462.md?p=3) referred to in [subsection (a)(1)](#a-1) shall be appointed from individuals nominated by [importers](/usc/7/7462.md?p=5) or [exporters](/usc/7/7462.md?p=3).
  - (4) **Public representative—** The public representative shall be appointed from nominations submitted by other members of the [Board](/usc/7/7462.md?p=1).
  - (5) **Failure to nominate—** If [producers](/usc/7/7462.md?p=11), [importers](/usc/7/7462.md?p=5), and [exporters](/usc/7/7462.md?p=3) fail to nominate individuals for appointment, the [Secretary](/usc/7/7462.md?p=14) may appoint members and alternates on a basis provided for in the [order](/usc/7/7462.md?p=8). If the [Board](/usc/7/7462.md?p=1) fails to nominate a public representative, the member and alternate may be appointed by the [Secretary](/usc/7/7462.md?p=14) without a nomination.
- (d) **Alternates—** The [Secretary](/usc/7/7462.md?p=14) shall appoint an alternate for each member of the [Board](/usc/7/7462.md?p=1). An alternate shall—
  - (1) be appointed in the same manner as the member for whom the individual is an alternate; and
  - (2) serve on the [Board](/usc/7/7462.md?p=1) if the member is absent from a meeting or is disqualified under [subsection (f)](#f).
- (e) **Terms—** A member of the [Board](/usc/7/7462.md?p=1) shall be appointed for a term of 3 years. No member may serve more than 2 consecutive 3-year terms, except that of the members first appointed—
  - (1) 5 members shall be appointed for a term of 2 years; and
  - (2) 6 members shall be appointed for a term of 3 years.
- (f) **Disqualification—** If a member or alternate of the [Board](/usc/7/7462.md?p=1) who was appointed as a [producer](/usc/7/7462.md?p=11), [importer](/usc/7/7462.md?p=5), [exporter](/usc/7/7462.md?p=3), or public representative member ceases to belong to the group for which the member was appointed, the member or alternate shall be disqualified from serving on the [Board](/usc/7/7462.md?p=1).
- (g) **Compensation—** A member or alternate of the [Board](/usc/7/7462.md?p=1) shall serve without pay.
- (h) **General powers and duties—** The [Board](/usc/7/7462.md?p=1) shall—
  - (1) administer an [order](/usc/7/7462.md?p=8) issued by the [Secretary](/usc/7/7462.md?p=14) under [section 7463 of this title](/usc/7/7463.md), and an amendment to the [order](/usc/7/7462.md?p=8), in accordance with the [order](/usc/7/7462.md?p=8) and amendment and this subchapter;
  - (2) prescribe rules and regulations to carry out the [order](/usc/7/7462.md?p=8);
  - (3) meet, organize, and select from among members of the [Board](/usc/7/7462.md?p=1) a chairperson, other officers, and committees and subcommittees, as the [Board](/usc/7/7462.md?p=1) determines appropriate;
  - (4) receive, investigate, and report to the [Secretary](/usc/7/7462.md?p=14) accounts of violations of the [order](/usc/7/7462.md?p=8);
  - (5) make recommendations to the [Secretary](/usc/7/7462.md?p=14) with respect to an amendment that should be made to the [order](/usc/7/7462.md?p=8); and
  - (6) [employ](/usc/7/499a.md?p=b-10) or contract with a manager and staff to assist in administering the [order](/usc/7/7462.md?p=8), except that, to reduce administrative costs and increase efficiency, the [Board](/usc/7/7462.md?p=1) shall seek, to the extent practicable, to [employ](/usc/7/499a.md?p=b-10) or contract with personnel who are already associated with organizations involved in promoting [kiwifruit](/usc/7/7462.md?p=6) that are chartered by a [State](/usc/7/198.md?p=5), the District of Columbia, or the Commonwealth of Puerto Rico.

## Source credit

(Pub. L. 104–127, title V, § 555, Apr. 4, 1996, 110 Stat. 1066; Pub. L. 105–185, title VI, § 603(b), June 23, 1998, 112 Stat. 585.)

## Notes

### Editorial Notes

### Amendments

1998—Subsec. (a). Pub. L. 105–185, § 603(b)(1), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:

“(1) 6 members who are producers (or representatives of producers) and who are not exempt from an assessment under section 7465(b) of this title.

“(2) 4 members who are importers (or representatives of importers) and who are not exempt from an assessment under section 7465(b) of this title or are exporters (or representatives of exporters).

“(3) 1 member appointed from the general public.”

Subsec. (b). Pub. L. 105–185, § 603(b)(2), struck out par. (1) designation and heading, struck out “and to paragraph (2)” after “11-member limit”, and struck out heading and text of par. (2). Text read as follows: “Producers shall comprise not less than 51 percent of the membership of the Board.”

Subsec. (c)(2). Pub. L. 105–185, § 603(b)(3)(A), inserted “who are producers” after “members”.

Subsec. (c)(3). Pub. L. 105–185, § 603(b)(3)(B), inserted “who are importers or exporters” after “members” and substituted “(a)(1)” for “(a)(2)”.

Subsec. (c)(5). Pub. L. 105–185, § 603(b)(3)(C), inserted “and alternate” before “may be appointed” in second sentence.