Sec. 204.4. Nominations for Advisory Board membership

(a)

(1) The Commissioner shall cause to be held a meeting or meetings of New York State apple growers at which time growers in attendance shall nominate a total of 12 growers to be eligible for appointment as members of the advisory board. Of the 12 nominations, six shall be growers whose farms are located in the Western production area, six shall be growers whose farms are located in the eastern production area.

(2) The Commissioner shall appoint three advisory board members from nominations made from the western production area, and three advisory board members from nominations made from the eastern production area.

(3) The first such grower meeting or meetings shall be called by the Commissioner not later than January 31, 1991. Beginning in 1993 in the western and eastern production areas triennial meetings shall be held prior to March 31st of each marketing season for as long as this order is in effect.

(b) The commissioner shall appoint one processor advisory board member from nominations submitted by organizations such as the “Associated New York State Food Processors”, or successor organizations by whatever name known, or any New York State organization representing processors.

(c) The commissioner shall appoint one handler member from nominations submitted by the New York State Horticultural Society or successor organizations by whatever name known or any New York State organization representing western or eastern production area growers. Of the two nominations one shall be a handler whose principle business address is located in the western production area and one shall be a handler whose principle business address is located in the eastern production area.

(d) The commissioner may appoint the representative of the department or the public generally in such manner as he may determine.

(e) Not more than one member shall be appointed from any single grower or processor operation or handler operation.