The Almond Board of California (ABC) requested a formal rulemaking to the Marketing Order to change the current timeline for nominating and seating members of the Board of Directors. USDA Agricultural Marketing Service (AMS) published a notice in the Federal Register on July 6, 2018 announcing the proposed rulemaking and requesting comments. Once the comment period closed, USDA published the proposed rule and referendum order on Nov. 14, 2018.
USDA recently announced that the referendum will occur between March 25 and April 5, 2019. All almond growers should receive a ballot from USDA/AMS prior to March 25 and must return completed ballots to USDA by April 5 in order for their votes to be counted. Along with the ballot, growers will receive ballot instructions, a copy of the referendum order that was published in the Federal Register and a postage-paid envelope to return the ballot.
Why an amendatory referendum?
The Almond Board requested a formal rule change, or referendum, to amend the Board election process for two key reasons: 1) To move the process of nominating and seating Board members to align with the beginning of the crop year, and 2) To allow additional time for industry members to elect and run for a seat on the Board, and for the Almond Board to manage the election.
What is the current timing of the Board election process?
The current nominating procedure, including electing individuals’ names to be placed on the ballots, begins in mid-December and ends with an announcement of the election results on Feb. 20 of the following year. There is much that needs to be done in that two-month timeline, from gathering letters of intent and grower petitions in time to get names on the ballots to communicating the election to industry members and receiving votes. This short window of time to elect and vote in officials proves difficult for two main reasons: As the number of growers continues to increase, ABC staff must update and verify grower lists to confirm accuracy of grower petitions. Additionally, the current nomination and election cycle occurs during dormancy and winter holidays, when many growers are enjoying a break with family or are busy sanitizing their orchards as they prepare for bloom.
What are the proposed changes to the Marketing Order?
The proposed change to the Board of Directors election timing would affect three dates:
- The date that ABC would receive letters of intent and grower petitions would move from Jan. 20 to April 1;
- The deadline for industry members to submit names of nominees for the election would move from Feb. 20 to June 1; and
- The term of office for elected Board members would begin on Aug. 1 instead of March 1.
The proposed rulemaking would also allow any future changes to the nomination process or the official start of each term to be made through a more informal procedure, essentially simplifying the process USDA uses to review this type of amendment.
How can growers cast their votes?
The referendum voting period will occur between March 25 and April 5, 2019. All almond growers should receive a ballot from USDA/AMS prior to March 25 and must return completed ballots to USDA by April 5 in order for their votes to be counted. Along with the ballot, growers will receive ballot instructions, a copy of the referendum order that was published in the Federal Register and a postage-paid envelope to return the ballot.
