4504 - Commodity marketing board.

     § 4504.  Commodity marketing board.        (a)  Establishment of commodity marketing board.--            (1)  Each marketing program issued pursuant to this        chapter shall provide for the establishment of a commodity        marketing board, which shall have primary decision-making        authority relative to marketing contracts and other projects        in furtherance of the program. The number, representation,        qualifications and terms of board members and the schedule of        regular board meetings and procedure for calling special        board meetings shall be established in the issued marketing        program. No marketing program shall be issued to establish a        commodity board of less than five members, one of whom shall        be the secretary or the secretary's designee. The other board        members shall be appointed by the secretary from among the        agricultural producers whose commodities shall be subject to        the marketing program. In making these appointments, the        secretary shall consider nominations submitted by the        producers. No decision by the board shall be effective        unless, pursuant to regular or special meetings, a majority        of board members were present and a majority of those present        voted in support of the decision. All decisions rendered by        the board shall be recorded in written minutes of the        meeting, and the recorded minutes shall be made available to        the secretary and to the producers whose commodities are        subject to the marketing program.            (2)  If the secretary requires sales agents to collect        producer charges under section 4510(b) (relating to        collection of fees), an additional member shall be appointed        to the board by the secretary. This member shall represent        these sales agents who are subject to the marketing program        collection agreement. In making the appointment, the        secretary shall consider nominations by the sales agents.        (b)  Board members.--No member of a commodity marketing board     shall receive a salary, but each shall be entitled to actual     expenses incurred while engaged in performing the duties     authorized by this chapter. Any marketing program established     under this chapter may authorize a payment not to exceed $100     per day and expenses for each day in which a board member or     subcommittee member is performing a duty necessary to the     function of the board.        (c)  Powers and duties of board.--In administering the     marketing program the board shall have the following powers and     duties:            (1)  To determine all matters pertaining to the marketing        program issued by the secretary.            (2)  To hire and employ personnel which the board deems        necessary for the proper administration of the marketing        program and to fix the compensation and terms of employment        of personnel. The hiring, employment, compensation and terms        of employment of personnel under this paragraph shall not be        subject to the provisions of the act of April 9, 1929        (P.L.177, No.175), known as The Administrative Code of 1929.            (3)  To adopt written procedures for acquiring and        disposing of property and, subject to these procedures, to        acquire, own, use, hire, lease, operate and dispose of        personal property, real property and interests in real        property.            (4)  To make and enter into all contracts and agreements,        in accordance with the provisions of the law, which the board        deems necessary or incidental to the furtherance of the        marketing program or performance of duties and powers under        this chapter. Marketing contracts and the procedures and        decisions related to contracts shall not be subject to        competitive bidding requirements of any other statute or        other requirements prescribed in The Administrative Code of        1929. The board shall adopt written procurement procedures        for all marketing contracts. Procedures shall include:                (i)  The method or methods which the board may use to            invite proposals for marketing contracts and the manner            of notice to be given to prospective contracting parties.                (ii)  The minimum qualifications of a prospective            contracting party necessary for consideration by the            board in marketing contracts.                (iii)  The manner in which a contract offer is            accepted and a marketing contract is awarded by the            board. Notwithstanding any other requirement of this            subsection, the board may make sole source procurements            when there is only one source for the required service            and may make emergency procurements when the board            determines in writing that the procedure is necessary due            to the urgency of the particular situation.            (5)  To receive, account for and disburse all moneys        collected pursuant to the issued marketing program.            (6)  To prepare a budget for the administration,        operating costs and expenses of the program.            (7)  To receive and report to the secretary complaints or        violations of the marketing program and to assist and        cooperate with the secretary in the enforcement thereof.            (8)  To establish committees or subcommittees to carry        out assigned duties and functions and to designate board        members and nonboard members to serve on such committees and        subcommittees.            (9)  To collect and gather information and data relevant        to the proper administration of the marketing program.            (10)  To charge fees and to assist the secretary in the        imposition of fees and the collection of fees and revenues        under this chapter.            (11)  To issue an annual report on the operation of the        program.            (12)  To recommend amendments to the marketing program        and amendments to this chapter and regulations issued under        this chapter.        (d)  Limitation.--No financial obligation shall be incurred     by any board beyond the extent to which money shall have been     provided under the authority of this chapter. No obligation or     liability of any type incurred by a board created pursuant to     this chapter shall be an obligation or liability of the     Commonwealth, and no board shall have the power to pledge the     credit or taxing power of the Commonwealth nor to make its debts     payable out of any moneys except those provided for by this     chapter.        (e)  Dairy industry marketing program.--Any marketing program     issued under this chapter specifically for the dairy industry     shall provide for the establishment of a board of 21 members who     shall include the secretary or his designee and 20 persons     appointed by the secretary who are active in the production of     milk, including, but not limited to, representatives of milk     cooperatives and farming associations, producer-handlers of milk     and independent dairy farmers. In addition to the powers and     duties contained in subsection (c), the commodity marketing     board of the dairy promotion program shall have the power to     elect or appoint from the membership of the board a chairman,     vice chairman, secretary and treasurer and to hold special     meetings at the request of the chairman or upon request of one-     third of the members of the board.        Cross References.  Section 4504 is referred to in section     4503 of this title.