§ 918.29 - Duties.  


Latest version.
  • The Industry Committee shall have the following duties:

    (a) To act as intermediary between the Secretary and any grower or handler;

    (b) To keep minutes, books, and records which will clearly reflect all of its acts and transactions, and such minutes, books, and records shall at all times be subject to examination by the Secretary;

    (c) To furnish the Secretary such available information as may be requested by the Secretary;

    (d) To select such employees as it may deem necessary, and to determine the salaries and define the duties of such employees;

    (e) To cause its books to be audited by one or more competent accountants at least once each fiscal period, and at such other times as it deems necessary or as the Secretary may request, and to file with the Secretary a copy of each such audit report;

    (f) To prepare from time to time statements of the financial operations of the committee and to make such statements, together with the minutes of the meetings of said committee, available, at the office of the committee, for inspection by any grower;

    (g) To perform such duties 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 (August 24, 1935), as amended, as may from time to time be assigned to the committee by the Secretary;

    (h) To consult with any other committee established under any marketing agreement and order program, pursuant to the aforesaid act, with respect to the handling of peaches grown in the area or in any other State;

    (i) To defend all legal proceedings against any Industry Committee member or members (individually or as members), or any officer or employee of such committee, arising out of any act or omission made in good faith pursuant to the provisions of this part;

    (j) To select a chairman of the Industry Committee and such other officers as it may deem advisable;

    (k) To redefine, subject to the approval of the Secretary, the districts into which the area has been divided in this subpart or change the representation, subject to the approval of the Secretary, from any district on the Industry Committee;

    (l) To authorize, whenever the committee deems it advisable, an employee or employees of the committee to perform any ministerial duties of the committee, subject to the limitations set forth in this subpart: Provided, That such authorization by the committee shall specify the employee or employees and state definitely the limitation of the authority thus vested in the respective employee or employees: Provided further, That the committee shall retain concurrent authority in connection with any such duties and shall not authorize any employee or employees to perform: (1) Any duties of the committee relating to the recommendations to the Secretary pursuant to §§ 918.60 through 918.63; or (2) the duties or authority of the committee relating to the establishment of rules and regulations pursuant to the provisions and subject to the limitations set forth in this subpart;

    (m) Each season, prior to making any recommendation to the Secretary for a regulation of shipments pursuant to this subpart to determine the marketing policy to be followed during the ensuing season and to submit a report of such policy to the Secretary as required by § 918.48;

    (n) To supervise the regulation of shipments of peaches pursuant to this part;

    (o) To establish such other committees or subcommittees to aid the Industry Committee in the performance of its duties under this part as the Industry Committee may deem advisable;

    (p) To submit to the Secretary, prior to May 1 of each fiscal period, a budget of its expenses and a proposed rate of assessment for the then current fiscal period;

    (q) To investigate and to assemble data with respect to the growing, harvesting, shipping, and marketing conditions relating to peaches.