190C.2 - ORGANIC PRODUCTS -- ADVISORY COUNCIL.
190C.2 ORGANIC PRODUCTS -- ADVISORY COUNCIL.
1. An organic advisory council is established within the
department. The council is composed of eleven members appointed by
the governor and secretary, as provided in this section. The
governor and secretary shall accept nominations from persons or
organizations representing persons who serve on the council, as
determined by the governor and secretary making appointments under
this section.
2. The members shall serve staggered terms of four years
beginning and ending as provided in section 69.19. Members appointed
under this section shall be persons knowledgeable regarding the
production, handling, processing, and retailing of organic
agricultural products. The members of the council shall be appointed
as follows:
a. Five persons who operate farms producing organic
agricultural products. The governor shall appoint two of the
persons, at least one of which shall be a producer of livestock, who
may be a dairy or egg producer. The secretary shall appoint three of
the persons, at least one of which shall be a producer of an
agricultural commodity other than livestock. To qualify for
appointment, a person must have derived a substantial portion of the
person's income, wages, or salary from the production of organic
agricultural products for three years prior to appointment.
b. Two persons who operate businesses processing organic
agricultural products. One person shall be appointed by the governor
and one person shall be appointed by the secretary. To qualify for
appointment, a person must have derived a substantial portion of the
person's income, wages, or salary from processing organic
agricultural products for three years prior to appointment.
c. One person appointed by the secretary, who shall be either
of the following:
(1) A person who operates a business handling organic
agricultural products. To qualify for appointment, a person must
have derived a substantial portion of the person's income, wages, or
salary from handling organic agricultural products for three years
prior to appointment.
(2) A person who operates a business selling organic agricultural
products. To qualify for appointment, a person must have derived a
substantial portion of the person's income, wages, or salary from
selling organic agricultural products on a retail basis for three
years prior to appointment.
d. Two persons who have an educational degree and experience
in agricultural or food science. One person shall be appointed by
the governor and one person shall be appointed by the secretary. To
qualify for appointment, a person must not have a financial interest
in the production, handling, processing, or selling of organic
agricultural products.
e. One person appointed by the governor, who represents the
public interest, the natural environment, or consumers. To qualify
for appointment, the person must be a member of an organization
representing the public interest, consumers, or the natural
environment. The person must not have a financial interest in the
production, handling, processing, or selling of organic agricultural
products.
3. A vacancy on the council shall be filled in the same manner as
an original appointment. A person appointed to fill a vacancy shall
serve only for the unexpired portion of the term. A member is
eligible for reappointment. The governor may remove a member
appointed by the governor and the secretary may remove a member
appointed by the secretary, if the removal is based on the member's
misfeasance, malfeasance, or willful neglect of duty or other just
cause, after notice and hearing, unless the notice and hearing is
expressly waived in writing.
4. Six members of the council constitute a quorum and the
affirmative vote of a majority of the members present is necessary
for any substantive action to be taken by the council. The majority
shall not include any member who has a conflict of interest and a
statement by a member that the member has a conflict of interest is
conclusive for this purpose. A vacancy in the membership does not
impair the right of a quorum to exercise all rights and perform all
duties of the council.
5. The members are entitled to receive a per diem as specified in
section 7E.6 for each day spent in performance of duties as members,
and shall be reimbursed for all actual and necessary expenses
incurred in the performance of duties as members.
6. If a member has an interest, either direct or indirect, in a
contract to which the council is or is to be a party, the member
shall disclose the interest to the council in writing. The writing
stating the conflict shall be set forth in the minutes of the
council. The member having the interest shall not participate in any
action by the council relating to the contract.
7. The council shall meet on a regular basis and at the call of
the chairperson or upon the written request to the chairperson of two
or more members. The department shall provide administrative support
to the council. Section History: Recent Form
98 Acts, ch 1205, §2, 20; 2003 Acts, ch 104, §4--6, 21
Referred to in §190C.1