SC-48 Nomination Petition Form

REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB No. 0581-0177

UNITED STATES DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

SPECIALTY CROPS PROGRAM

SOUTHEAST MARKETING FIELD OFFICE

1124-1^st STREET SOUTH

WINTER HAVEN, FLORIDA 33880

_______________________________, 20___

TART CHERRY NOMINATION PETITION FORM

TO TART CHERRY PRODUCERS AND PROCESSORS:

Marketing Order 930 (Order), regulating the handling of tart cherries in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin became effective on ______________________________.

The Department of Agriculture (Department) is conducting the nomination and election process for membership on the 18-member Cherry Industry Administrative Board (Board) for the initial terms of office. The Order provides authority for tart cherry growers and handlers in each of the nine districts to submit their names for nomination for membership on the Board. Submitted names of each eligible candidate will be placed on separate handler and grower ballots which will, in turn, be mailed first to tart cherry handlers, then to tart cherry growers.

The Department will select 17 of the initial members of the Board from the growers and handlers receiving the greatest number of votes within each district. The Order also provides that all industry members have the opportunity to submit names for the public member and alternate public member positions. The newly elected Board will then have the responsibility of electing the public member and alternate at its first meeting.

If you are interested in submitting your name for nomination to the Board as a grower or handler member or alternate grower or handler member for the initial one-, two-, or three-year term of office, please read the following information and submit the completed nomination petition form to the Board. The completed nomination petition form must be received by the Board no later than the close of business on_________________________. If you know of any eligible individuals who might be interested in serving on the Board in the public member or alternate public member positions, please submit their names in the spaces provided.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this Information collection is 0581-0177. The time required to complete this information collection is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

CHERRY INDUSTRY ADMINISTRATIVE BOARD
MEMBER AND ALTERNATE MEMBER POSITIONS

INSTRUCTIONS FOR COMPLETING THE ATTACHED NOMINATION PETITION FORM

1. In the space provided. Indicate the District in which you wish to be nominated for representation on the Board.

a. District 1 - Northern Michigan: that portion of the State of Michigan which is north of a line drawn along the northern boundary of Mason County and extended east to Lake Huron. District 1 has four members plus the respective alternates - two grower members and two handler members.

b. District 2 - Central Michigan: that portion of the State of Michigan which is south of District 1 and north of a line drawn along the northern boundary of Allegan County and extended east to the state line. District 2 has three members plus the respective alternates - the ratio of grower to handler representation alternates each time a term expires. There will be two handler members for the initial term.

c. District 3 - Southern Michigan: that portion of the State of Michigan not included in Districts 1 and 2. District 3 has one grower member and one handler member plus the respective alternates.

d. District 4 - State of New York: District 4 has one grower member and one handler member plus the respective alternates.

e. District 5 - State of Oregon: District 5 has one member and one alternate member, both of whom may be either a grower or a handler.

f. District 6 - State of Pennsylvania: District 6 has one member and one alternate member, both of whom may be either a grower or a handler.

g. District 7 - State of Utah: District 7 has one grower member and one handler member plus the respective alternates.

h. District 8 - State of Washington: District 8 has one member and one alternate member, both of whom may be either a grower or a handler.

i. District 9 - State of Wisconsin: District 9 has one member and one alternate member, both of whom may be either a grower or a handler.

j. NOTE: To implement the staggered three-year terms, of the nine initial grower and handler members from the combination of Districts 1, 2, and 3, one-third shall serve for one year, ore-third shall serve for two years, and one-third shall serve for three years. Of the four initial grower and handler members from Districts 4 and 7, one-half shall serve for one year, and one-half shall serve for two years. Alternates shall serve for the same terms as do the members. After the expiration of each initial term of office, all terms shall be for a three-year period. Determination of which members will serve for which initial term will be made by lot prior to selection by the Department.

2. Indicate which sales constituency you are affiliated with.

a. In those districts having more than one seat on the Board, not more than one member may be from, or affiliated with, a single sales constituency. An alternate member may not be affiliated with any member or alternate member from the same district, except that an alternate may be of the same affiliation as his or her member. Sales constituency means a common marketing organization or brokerage fine or individual representing a group of handlers or growers.

3. Indicate whether you went to be nominated as a grower member, alternate grower member, handler member, or alternate member.

a. Each grower member and each alternate grower member of the Board shall be a tart cherry grower or an officer or employee of a tart cherry grower in the district for which nominated or appointed.

b. Each handler member and each alternate handler member of the Board shall be a tart cherry handler or an officer or employee of a tart cherry handler who owns or leases and operates a tart cherry processing facility in the district for which nominated or appointed.

4. In the spaces provided: print your name, address, and telephone number.

5. Certify that you are willing to serve on the Board if elected by signing and dating the form.

6. DECLARATION OF SUPPORT This section must be completed by:

a. FIVE ELIGIBLE GROWERS if you are being nominated to serve on the Board from Districts 1, 2, 3, 4, 5, 6, 7, or 9 as a grower member or alternate.

b. TWO ELIGIBLE GROWERS if you are being nominated to some on the Board from District 8 as a grower member or alternate.

c. ONE ELIGIBLE HANDLER if you are being nominated to serve on the Board as a handler member or alternate. EXCEPTION: This requirement is waived if you are from a district where less than two handlers are eligible to vote.

8. PUBLIC MEMBER AND ALTERNATE PUBLIC MEMBER NOMINATIONS

e. Complete this section if you wish to nominate eligible individuals to the public member and/or alternate public member positions on the Board. You may complete this section whether or not you are nominating a grower or handler to serve on the Board. The public member and alternate public member of the Board shall be from the general public and are prohibited from having any financial interest in the tart cherry industry. There are no restrictions as to where the public member and alternate public member may reside.

9. The completed nomination petition form must be received by the Department no later than the close of business on_____________. Submit the form by mail or hand delivery, or by facsimile transmission to: Southeast Marketing Field Office, 1124-1^st Street South, Winter Haven, FL 33880.

UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL MARKETING SERVICE
SPECIALTY CROP PROGRAM

CHERRY INDUSTRY ADMINISTRATIVE BOARD
MEMBER AND ALTERNATE MEMBER
PUBLIC MEMBER AND ALTERNATE PUBLIC MEMBERS
NOMINATION PETITION FORM
(See attached instructions)

1. I hereby submit my name for nomination in District ____

2: Sales constituency: ______________________________________________________________

3. I hereby submit my name for nomination as a (please check one):

GROWER MEMBER  ALTERNATE GROWER MEMBER 

HANDLER MEMBER  ALTERNATE HANDLER MEMBER 

4. ______________________________________________________________________________________
(Print Name)

______________________________________________________________________________________
(Street Address) (City)

______________________________________________________________________________________
(State) (Zip Code) (Telephone Number)

5. I certify that I or my employer current produce or handler tart cherries in the district indicated above and that I am no petitioning for nomination to the Cherry Industry Administrative Board in any other district or capacity. If selected, I will faithfully serve on the Board and will, to the best of my ability, represent all growers and processors in the district indicated above.

______________________________________________________________________________________
(Signature) (Date)

6. DECLARATION OF SUPPORT

For nomination of a tart cherry grower: The undersigned certify to being tart cherry growers, including duly authorized officers or employees of growers of tart cherries who are also eligible to serve on the Cherry Industry Administrative Board.

For nomination of a tart cherry handler: The undersigned certifies to being a tart cherry handler, including a duly authorized officer or employee of a handler of tart cherries who is also eligible to serve on the Cherry Industry Administrative Board.

None of the undersigned may be the same individual named as the nominee in Section 3 on the reverse side of this form. Furthermore, the undersigned will only participate in the nomination process in the district indicated in Section 1 on the reverse side of this form, and will not participate in the process in any other district for the remainder of the current fiscal period, nor participate in any other district during the current election process. If the undersigned grow or handle tart cherries in more than one district, this petition constitutes notification to the Department and the Board that the undersigned will only participate in the district indicated in Section 1 on the reverse side of this form during the current nomination and election process.

NAME SIGNATURE ADDRESS

7. PUBLIC MEMBER AND ALTERNATE PUBLIC MEMBER NOMINATION

The following names are hereby submitted for consideration by the Board following the selection of its initial members for the positions of public member and alternate public member:

PUBLIC MEMBER ALTERNATE PUBLIC MEMBER

Name _____________________________________ Name____________________________________

Address ___________________________________ Address___________________________________

City/St/Zip ________________________________ City/St/Zip_________________________________

Phone No. _________________________________ Phone No._________________________________

This form must be received by ________________

Mail or fax the completed form to: Cherry Industry Administrative Board

P.O. Box 388, DeWitt, MI 48820-0388

Tel: 517-669-1070

Fax: 517-669-1260

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.

SC-48 (Rev. 12/2016)