CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER XI—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE (parts 1200 to 1291) > PART 1221—SORGHUM PROMOTION, RESEARCH, AND INFORMATION ORDER > SUBPART A—Sorghum Promotion, Research, and Information Order (§1221.1 to §1221.138) > 1221.107—Certification of organizations.

1221.107—Certification of organizations.

(a) The eligibility of State, regional, or national organizations to participate in making nominations for membership on the Board shall be certified by the Secretary. Those organizations that may seek certification include:
(1) State-legislated sorghum promotion, research, and information organizations;
(2) Organizations whose primary purpose is to represent sorghum producers within a State, region, or at the national level; or,
(3) Organizations that have sorghum producers as members.
(b) Such eligibility shall be based, in addition to other information, upon a report submitted by the organization that shall contain information deemed relevant and specified by the Secretary for the making of such determination, including the following:
(1) The geographic territory covered by the organization's active membership;
(2) The nature and size of the organization's active membership, proportion of active membership accounted for by producers, a map showing the sorghum producing counties in which the organization has active members, the volume of sorghum produced in each such county, the number of sorghum producers in each such county, and the size of the organization's active sorghum producer membership in each such county;
(3) The extent to which the sorghum producer membership of such organization is represented in setting the organization's policies;
(4) Evidence of stability and permanency of the organization;
(5) Sources from which the organization's operating funds are derived;
(6) The functions of the organization; and
(7) The ability and willingness of the organization to further the purpose and objectives of the Act.
(c) The primary consideration in determining the eligibility of an organization shall be whether its sorghum producer membership consists of a sufficiently large number of sorghum producers who produce a relatively significant volume of sorghum to reasonably warrant its participation in the nomination of State specific and national at-large members to the Board. Any sorghum producer organization found eligible by the Secretary under this section shall be certified by the Secretary, and the Secretary's determination as to eligibility shall be final.