Mass. Gen. Laws ch. 128, sec. 114 — MA Code / Part I / Title XIX / Chapter 128 / Section 114
Advisory board established with marketing order; membership; expenses; duties
Status: in_force

Section 114. Any marketing order issued pursuant to said sections one hundred and two through one hundred and fifteen shall provide for the establishment of an advisory board, to consist of not less than five members nor more than nine members, to advise the commissioner in the administration of such marketing order in accordance with its terms and provisions. The members of said board shall be appointed by the commissioner from nominations received from the Massachusetts apple industry, including, without limitation, producers, handlers and processors. Nominating procedures, qualifications, and representation on and size of the advisory board shall be prescribed in each marketing order for which such board is appointed. Each advisory board shall be composed of such producers and handlers or processors as are directly affected by the marketing order in such proportion of representation as the order shall prescribe. The commissioner may appoint one person who is neither a producer nor processor nor other handler to represent the department of food and agriculture or the public generally. No member of an advisory board shall receive a salary, but each shall be entitled to reasonable expenses incurred while engaged in performing his duties herein authorized, which shall be paid from the trust fund established with respect to the marketing order under section one hundred and thirteen of this chapter. The duties and responsibilities of the advisory board shall be prescribed by the commissioner, and he may specifically delegate to the advisory board, by inclusion in the marketing order, all or any of the following duties and responsibilities:— (a) recommending to the commissioner administrative rules and regulations relating to the marketing order; (b) recommending to the commissioner such amendments to the marketing order as seem advisable; (c) preparing and submitting to the commissioner the estimated budget required for the proper operation of the marketing order; (d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds; (e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order; (f) performing such other duties in connection with the marketing order as the commissioner shall designate.

Section 114. Any marketing order issued pursuant to said sections one hundred and two through one hundred and fifteen shall provide for the establishment of an advisory board, to consist of not less than five members nor more than nine members, to advise the commissioner in the administration of such marketing order in accordance with its terms and provisions. The members of said board shall be appointed by the commissioner from nominations received from the Massachusetts apple industry, including, without limitation, producers, handlers and processors. Nominating procedures, qualifications, and representation on and size of the advisory board shall be prescribed in each marketing order for which such board is appointed. Each advisory board shall be composed of such producers and handlers or processors as are directly affected by the marketing order in such proportion of representation as the order shall prescribe. The commissioner may appoint one person who is neither a producer nor processor nor other handler to represent the department of food and agriculture or the public generally.

No member of an advisory board shall receive a salary, but each shall be entitled to reasonable expenses incurred while engaged in performing his duties herein authorized, which shall be paid from the trust fund established with respect to the marketing order under section one hundred and thirteen of this chapter. The duties and responsibilities of the advisory board shall be prescribed by the commissioner, and he may specifically delegate to the advisory board, by inclusion in the marketing order, all or any of the following duties and responsibilities:—

(a) recommending to the commissioner administrative rules and regulations relating to the marketing order;

(b) recommending to the commissioner such amendments to the marketing order as seem advisable;

(c) preparing and submitting to the commissioner the estimated budget required for the proper operation of the marketing order;

(d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds;

(e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order;

(f) performing such other duties in connection with the marketing order as the commissioner shall designate.