1.    The North Dakota beef commission consists of:

a.    Three beef producers; b.    One cattle feeder; c.    One dairy producer; d.    One representative of a public livestock market; and e.    Three at-large representatives.

2.    The governor shall appoint:

a.    Each beef producer from a list of at least two names submitted by the North Dakota stockmen’s association; b.    The cattle feeder from a list of at least two names submitted by the North Dakota stockmen’s association feeder council; c.    The dairy producer from a list of at least two names submitted by the milk producers association of North Dakota; d.    The representative of a public livestock market from a list of at least two names submitted by the North Dakota livestock marketing association; and

e.    The three at-large representatives.

3.     a.    Each member of the commission must:

(1) Be a United States citizen and a resident of this state; (2) Be actively engaged in that phase of the cattle industry the member represents; and

(3) Have been actively engaged in that phase of the cattle industry for a period of five years.

b.    Each member of the commission, except the representative of a public livestock market, must be a participating producer.

c.    For purposes of this subsection, “actively engaged” means that the individual:

(1) Has an ownership interest in an operation that is of sufficient scope and significance as to constitute a distinct activity; and

(2) Has and regularly exercises direct control of the operation.