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FRUIT and VEGETABLE INDUSTRY ADVISORY 

COMMITTEE (FVIAC)

POLICY and PROCEDURES MANUAL

Adopted: May 9, 2019

Revised: 
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Introduction

Purpose

Duties of The Committee and Officers

Maintaining Professional and Ethical Standards

Committee Member Standards

Conducting Business

Committee Member Officer Responsibilities

Election of Officers

Meetings

Committee Workgroups

Workgroup Meetings

Duties of Workgroup Chairs

Procedures for Completing Workgroup Recommendations

Format Used to Submit FVIAC Final Statements or Recommendations

Format Used to Submit Workgroup Statements or Recommendations

Parliamentary Procedure at a Glance
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INTRODUCTION

This document is intended as a guide for all members of the Fruit and Vegetable Industry Advisory 

Committee (FVIAC). Committee members are entrusted with a strong responsibility to treat the business 

of the Committee as fiduciaries for all members of the fruit and vegetable community and the public at 

large.

The Committee ’s primary role is to advise, rather than administer and implement. As in every business, 

the Committee ’s success depends heavily upon the ability to understand each other’s respective role, 

and to develop the working relationship necessary within those roles.

This manual is designed to assist the Committee in its responsibilities. New Committee members are 

encouraged to review this manual in depth. Existing members are advised to periodically review the 

contents to refresh their understanding of the Committee ’s role and their duties.

New policies and revisions to existing policies and procedures will be incorporated into the FVIAC Policy 

and Procedures Manual from time to time. 

PURPOSE 

The purpose of the FVIAC is to examine the full spectrum of fruit and vegetable issues and provide 

suggestions and ideas to the Secretary on how USDA can tailor its programs to meet the industry’s 

needs. This committee is in the public interest in view of the fruit and vegetable industry’s importance 

to the nations’ economy. The exchange of views and information between industry representatives and 

USDA should result in improved understanding of the impact of USDA programs on the fruit and 

vegetable industry and contribute to those programs’ effective and efficient administration. In achieving 

this, Committee recommendations are best maintained within the scope of USDA programs.
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DUTIES OF THE COMMITTEE AND OFFICERS

To fulfill their responsibilities, Committee members agree to adhere to three duties as described in this 

Manual:

• Duty of Care

• Duty of Loyalty

• Duty of Obedience

Duty of Care

The Duty of Care calls upon a member to participate in the decisions of the Committee and to be 

informed as to the data relevant to such decisions. In essence, the Duty of Care requires that a member:

• Be reasonably informed—It is the duty of all Committee members to seek and study the 

information needed to make a reasoned decision and/or recommendation on all business 

brought before the Committee. The AMS Specialty Crops Program (SCP) may provide some of 

that information, but other information must be developed from independent sources.

• Participate in decisions—Committee members are bound by responsibility to be active 

participants in decision-making. Absence from a meeting is no protection from the responsibility 

for decisions made at the meeting.

• Make decisions with the care of an ordinary prudent person in a similar position—The law does 

not expect Committee members to act as super human. It simply requires Committee members 

to exercise judgment of an ordinary prudent person who may be faced with a similar issue.

Duty of Loyalty

The Duty of Loyalty requires Committee members to exercise their power in the interest of the public 

and not in their own interest or the interest of another entity or person. A Committee member’s loyalty 

is to the fruit and vegetable community and the public at large. In dispatching their Duty of Loyalty, 

Committee members must:

• Address conflicts of interest—Committee members bring to the FVIAC particular areas of 

expertise based upon their personal and business interests in fruit and vegetable production and 

marketing. Committee members may have interests in conflict with those of the public interests. 

Committee members must be conscious of the potential for such conflicts and act with candor 

and care in dealing with such situations. Committee members must abide by the FVIAC conflict 

of interest policy.

• Recognize corporate opportunity—Before a Committee member votes upon an issue in which 

they have a direct financial interest, that Committee member must disclose the transaction to 

the Committee in sufficient detail and adequate time to enable the Committee to act—or 

decline to act— in regard to such transaction.

Duty of Obedience

Committee members are bound to obey the tenants of the laws and regulations governing fruit and 

vegetable production, processing and marketing. To this effect, Committee members must:

• Act within the requirements of the law—Committee members must uphold all state and federal 

statutes, including the Federal Advisory Committee Act (FACA – 5 U.S.C. App. 2 et seq.).

• Follow the requirements specified in the FVIAC Policy and Procedures Manual.
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MAINTAINING PROFESSIONAL AND ETHICAL STANDARDS

As appointees of the Secretary, FVIAC members must maintain high professional and ethical standards 

for the conduct of all activities within and outside of the FVIAC. Areas of particular concern include 

professional conduct and conflict of interest.

Professional Conduct

• Public service is a public trust, requiring ethical principles above private gain.

• FVIAC members shall put forth honest effort in the performance of their FVIAC duties.

• FVIAC members shall make no commitments or promises of any kind purporting to bind the 

Government.

• FVIAC members shall act impartially and not give preferential treatment to any organization or 

individual.

• FVIAC members, workgroup members and task force members shall not engage in a financial 

transaction using nonpublic information, not allow the improper use of nonpublic information 

to further his/her own private interest or that of another, whether through advice or 

recommendation, or allow the unauthorized disclosure of nonpublic information.

• Nonpublic information is defined as information that the Committee member gains by reason of 

participation in the FVIAC and that he/she knows, or reasonably should know, has not been 

made available to the general public. This includes information that is “routinely exempt from 

disclosure in 5 U.S.C. 552 (Freedom of Information Act) or otherwise protected from disclosure 

by statute, Executive Order or regulation; is designated as confidential by the agency or 

program; or has not actually been disseminated to the general public and is not authorized to be 

made available to the public upon request.”

• FVIAC members, workgroup members and task force members shall keep confidential all 

information identified by petitioners as confidential business information.

• To the maximum extent possible, FVIAC members should speak with one voice. Although there 

may be disagreements within FVIAC or working group sessions, once FVIAC members leave the 

session, they have the responsibility to support the integrity of the process, whether or not they 

agree with the final outcome. While FVIAC members retain the right to express minority 

opinions, the public airing of dissension could strain interpersonal relationships and create 

distrust and conflict among FVIAC members. Such stresses could undermine the FVIAC’s ability 

to effectively carry out its role as a governmental advisory Committee.

• FVIAC members with diverse backgrounds are recruited to provide balance to the Committee. 

While individual FVIAC members represent the segments of the population from which they 

were selected, they also represent the greater good of the population as a whole.

Conflict of Interest

The FVIAC recognizes that members have been specifically appointed to the Committee to examine the 

full spectrum of fruit and vegetable issues and provide suggestions and ideas to the Secretary on how 

USDA can tailor its programs to meet the industry’s needs. FVIAC members have been appointed 

because they have professional expertise which enables them to advise the Secretary. This professional 

expertise may, at times, present an inherent conflict of interest. To prevent overt advocacy for direct 

financial gain and the appearance of self- interest or the appearance of wrongful activity, the FVIAC put 

forth the following conflict of interest policy.
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Be it resolved by the Fruit and Vegetable Industry Advisory Committee (FVIAC): 

Members of the Committee shall refrain from taking any official Committee action from which 

that Committee member is or would derive direct financial gain. Committee members shall 

disclose their interest to the Committee and the public, when they or their affiliated business 

stand to gain from a vote, which they cast in the course of Committee business. Under certain 

circumstances, the Committee may determine whether it is appropriate for the member to vote.

That members of the Committee shall refrain from conducting business, promoting, and/or 

marketing for consideration any material, process or practice for which the member is or would 

derive direct financial gain arising out of such Committee action. The act of promoting such 

material, process or practice shall include private discussion with members of the Committee 

advocating the value of the material, public discussion and/or written advocacy.

A "direct financial gain" is defined as monetary consideration, marketing consideration, business 

transaction, contractual benefit or the expectation of future monetary gain to a Committee 

member, including but not limited to, financial gain from a party who markets, manufacture 

distributes, or holds exclusive title to a formula for a material or product, process or practice.

COMMITTEE MEMBER STANDARDS

• Participate in meetings—Members must make a commitment to attend meetings of the 

Committee.

• Serve on workgroups, as assigned—Each member must be willing to serve on workgroups as 

assigned by the Chair, and to participate in the work of those workgroups.

• Be informed about the decisions to be made—Committee members are expected to seek and 

study the information needed to make a reasoned decision and/or recommendation on all 

business brought before the Committee.

• Fully disclose any conflict of interest positions—Members having any commercial or immediate 

family interest that poses a potential or perceived conflict of interest must disclose that conflict 

to the Committee and abide by any decision of the Committee in dealing with the situation.
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CONDUCTING BUSINESS

• Quorum—A majority of the members of the Committee shall constitute a quorum for the 

purpose of conducting business. A majority of the members of a Workgroup shall constitute a 

quorum for the purpose of conducting business.

• Decisive votes— Two-thirds of the votes cast at a meeting of the Committee at which a quorum 

is present shall be decisive of any motion. Following Robert’s Rules of Order, all abstentions will 

be recorded as such and will not be included as part of the total vote cast. Similarly, all 

Committee members who recuse themselves due to conflicts of interest, or are absent, shall be 

recorded as such and their votes will not be counted towards the total number of votes cast. 

Both abstentions and recusals will be considered in order to establish a quorum.

• All meeting discussions should follow Robert’s Rules of Order to ensure 

COMMITTEE MEMBER OFFICER RESPONSIBILITIES

Three principal officers – Chair, Vice Chair and Secretary – guide the Committee.

Chair

The Chair is responsible to assure the integrity of the Committee process, including effectiveness of 

meetings and the Committee ’s adherence to its own rules. The Chair shall:

• Schedule meetings of the Committee in coordination with the Designated Federal Officer;

• Draft meeting agendas in consultation with workgroup chairs and the Designated Federal 

Officer; 

• Assist in the implementation of policies, goals, objectives, strategic plans, workgroup work 

plans, and recommendations set by the FVIAC;

• Establishes and monitors Committee adherence to timelines which ensure SCP has sufficient 

time to publish related Federal Register notices and Committee /Workgroup recommendations 

that meet deadlines for public comment.

• Track recommendations, changes, and votes during meeting to ensure accurate meeting 

transcripts.

• Convene and preside at meetings;

• Manage Committee calendar and tracking databases in a manner that facilitates clarity of 

activities to the Committee;

• Ensure Committee members have all materials and information necessary to provide informed, 

structured and timely recommendations to the USDA;

• Review workgroup work plans; and

• Review meeting minutes, reports, statements for accuracy.

The Chair may delegate tasks to other FVIAC members. 

Vice Chair

The Vice Chair shall act in the absence of the Chair. 
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Secretary

The Secretary will work with the Chair, Vice Chair, and Designated Federal Officer to assist in 

maintaining the integrity of all documents of the Committee.

ELECTION OF OFFICERS

Nomination

• All interested FVIAC members are eligible for consideration for any officer position.

• Candidates may be self-nominated or nominated by another member of the Committee.

• Should the Chair, Vice Chair, or Secretary resign or fail to serve the full term, the Designated 

Federal Officer shall appoint an interim officer.

• The interim officer shall serve in the capacity until the next regularly scheduled meeting of the 

Committee, during which an election will be held to fill the remainder of the term.

• Members interested in serving more than one consecutive term in an officer position can if the 

Committee is in favor; however, it is recommended that an officer not serve for more than two 

consecutive terms.

Voting Schedule

• Officers shall be elected for terms of one year by majority vote at an annual meeting of the 

Committee.

• Newly appointed officers will assume their positions immediately after election results are 

confirmed and verified.

• Acting Committee officers will assist the new officers to transition into their new role.

Eligibility to Vote

• Only FVIAC Committee Members present are eligible to vote for nominated officers.

• Absent FVIAC members will not be eligible to vote.

• Committee members shall be entitled to cast one vote per nomination.

Counting of Votes

• Voting will be by ballot immediately following nominations for each office.

• Ballots for officers will be cast in the following order:

o Chair

o Vice-Chair

o Secretary

• The ballots will be counted for one office and the Designated Federal Official will announce the 

tally before the next office is opened for nominations.

• The Designated Federal Official will prepare and distribute the ballots and will gather the votes 

by secret ballot.

• The Designated Federal Official will tally the votes after each officer nomination and the Agency 

Head (SCP Deputy Administrator) will verify the vote results.

• The candidate receiving the largest number of votes will be elected.

• In the event of a tie there will be a revote until a nominee obtains majority. All nominees will be 

included in the revote or may be given the opportunity the withdraw at their discretion.
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• Member vote counts will remain confidential. Other FVIAC members will not be allowed to 

determine how the members voted.

• Votes will be disposed of by the Designated Federal Official.

• The Designated Federal Official will record newly elected officers into the FVIAC Meeting 

Summary of Minutes.

MEETINGS

All Committee meetings and conference calls assembled for the purpose of making and developing 

suggestions and ideas to USDA are subject to the Federal Advisory Committee Act (FACA). These must 

be open to the public and must meet public notification requirements.

COMMITTEE WORKGROUPS

Workgroups play an important role in administering the Committee ’s responsibilities. Workgroups exist 

to provide greater depth and clarity in the Committee ’s responsibility to make informed decisions. 

However, workgroups are not authorized to act in place of the Committee. Workgroups are empowered 

to analyze information and bring draft recommendations to the Committee for consideration.

• Workgroup Chair are appointed by the Committee Chair. 

• Workgroup recommendations are finalized by the FVIAC according to the following process:

o Workgroup drafts the recommendation.

o Draft recommendation placed before the full Committee for discussion.

o Committee acts on the recommendation

 Committee actions may include adoption of the recommendation as presented 

by the workgroup, amending and then adopting the recommendation, rejecting 

the recommendation, or referring the recommendation back to workgroup for 

further development.

WORKGROUP MEETINGS

Workgroups may hold meetings via telephone conference calls. Two weeks’ notice should be provided 

in scheduling such calls. The date and time set for the call is a product of workgroup dialog regarding the 

most conducive schedule. This dialog may occur on a previous conference call or through E-mail. All Email requests for meeting times should allow 48 hours to respond.

Emergency calls may be scheduled with less notice only after each member is contacted by FVIAC chair 

to reach a consensus on time and date of the meeting. If the members do not respond to E-mail 

requests, the chair or their designee must contact the member by phone.

The Designated Federal Officer (DFO) email MUST be copied on all E-mail correspondence. The 

Designated Federal Officer may provide communication guidance separate from this policy. 
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DUTIES OF WORKGROUP CHAIRS

Workgroup chairs are responsible for the following duties:

• Schedule workgroup meetings as needed (with DFO notified in advance). 

• Draft workgroup meeting agendas and work plans in consultation with workgroup members.

• Convene and preside workgroup meetings.

• Review workgroup meeting minutes for accuracy.

• Report actions of the workgroup to the Committee.

• Ensures completion of workgroup recommendation document. 

PROCEDURES FOR COMPLETING WORKGROUP RECOMMENDATIONS

Developing workgroup recommendations follows these broad steps:

1. The workgroup prepares a recommendation or discussion document.

2. During the Committee meeting, the workgroup presents its recommendation for discussion by 

the full Committee.

3. At any point in the process prior to the Committee ’s vote on the status of the recommendation, 

the presenting workgroup may convene and vote to withdraw its recommendation, based on 

approval of this action by the majority of the members of the workgroup.

4. Once presented, the Committee votes on the workgroup recommendation.

The Committee may take the following actions for each workgroup recommendation:

1. Adopt the recommendation as presented by the workgroup;

2. Amend and adopt the amended recommendation;

3. Reject the recommendation; or

4. Refer the recommendation back to the workgroup for further development.
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Format Used to Submit FVIAC Final Statements or Recommendations 
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Format Used to Submit Workgroup Statements or Recommendations 
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PARLIAMENTARY PROCEDURE AT A GLANCE

 

TO DO THIS 

 

YOU SAY THIS 

May you 

interrupt 

speaker? 

Must you be 

seconded? 

Is the motion 

debatable? Vote 

required 

Adjourn the meeting I move that we adjourn no yes no majority

Recess the meeting I move that we recess until... no yes no majority

Complain about noise, room 

temperature, etc.

 

Question of privilege

 

yes

 

no

 

no

 

no vote

Suspend further consideration 

of something

I move that the motion be laid 

on the table

 

no

 

yes

 

no

 

majority

End debate I move the previous question no yes no 2/3 vote

Postpone consideration of 

something

I move we post pone this 

matter until...

 

no

 

yes

 

yes

 

majority

Have something studied further I move to refer the motion to 

the workgroup

 

no

 

yes

 

yes

 

majority

Amend a motion I move to amend... no yes yes majority

Introduce business (a primary 

motion)

I move that... no yes yes majority

Object to procedure

or to a personal affront

 

Point of order

 

yes

 

no

 

no

chair 

decides

Request information Point of information yes no no no vote

Ask for a vote by actual count to 

verify

a voice vote

 

I call for a division

 

no

 

no

 

no

 

no vote

Object to the consideration of 

some undiplomatic matter

I object to the consideration of 

the question

 

yes

 

no

 

no

 

2/3 vote

Take up a matter previously 

tabled

I move to take from the table no yes no majority

Reconsider something already 

disposed of

 

I move to reconsider...

 

yes

 

yes

 

yes

 

majority

Consider something vote out of 

its scheduled order

I move we suspend the rules 

and consider...

 

no

 

yes

 

no

 

2/3 vote

Vote on a ruling by the chair I appeal the decision of the 

chair

yes yes yes majority

Table a motion - take matter 

from table

I move to take from the table No Yes No majority

Rescind motions – Cancel 

previous action

 

I move to rescind

 

No

 

Yes

 

Yes

 

2/3 vote

Source: Robert’s Rules of Order