Sec. 12. (a) The board shall appoint from among the nominations made under section 11 of this chapter one (1) board member to represent each:

(1) producer who represents at least three percent (3%) of the state’s participating milk marketings; and

(2) group of producers that:

(A) collectively represents at least three percent (3%) of the state’s participating milk marketings; and

(B) notifies the board that the producers desire to be considered collectively for purposes of representation on the board.

     (b) In addition to the members appointed under subsection (a), the board shall appoint one (1) board member to represent a producer or group of producers described in subsection (a)(2) for each additional ten percent (10%) of the state’s participating milk marketings exceeding three percent (3%) that the producer or group of producers represents. Not more than four (4) board members may represent any producer or group of producers.

     (c) The board shall make the appointments required under this section not later than thirty (30) days after the close of the period for submission of nominations under section 11 of this chapter.

     (d) An appointment made by the board under this section may not result in a producer or group of producers having two (2) members on the board at the same time that represent the same share of the state’s participating milk marketings.

     (e) If a producer or group of producers entitled to representation on the board fails to submit a nomination, the board may appoint any individual who meets the requirements of section 9(c) of this chapter to represent the producer or group of producers.

[Pre-2008 Recodification Citation: 15-6-4-12.]

As added by P.L.2-2008, SEC.9.