ARTICLE I ------ ORGANIZATION

SECTION 1.  The name of the entity shall be "The National Conference on Interstate Milk Shipments", hereinafter referred to as the Conference.

SECTION 2.  The Conference shall be directed by and shall be in the control of the various States who join together to stipulate the Conference's Procedures.

SECTION 3.  The Conference shall meet at least biennially during odd numbered years with additional meetings as the need arises.

ARTICLE II ------ MISSION

The mission of the Conference shall be to "Assure the Safest Possible Milk Supply for all the People" by:

SECTION 1.  Adopting sound, uniform procedures, which will be accepted by participating State Milk Rating and State Milk Regulatory Agencies.

SECTION 2.  Promoting mutual respect and trust between State Milk Rating and State Milk Regulatory Agencies of producing and receiving States.

SECTION 3.  Utilizing Public Health Service/Food and Drug Administration (PHS/FDA) personnel for training programs and using that Agency as a channel for the dissemination of information among State Milk Rating and State Milk Regulatory Agencies for the objective of promoting uniformity among the States and regions.

SECTION 4.  Acquainting producers, processors, and consumers with the purpose of the Conference through the media of meetings, conferences, workshops, press releases, publications, and by utilization of facilities and personnel of educational institutions, trade associations, State Milk Rating and State Milk Regulatory Agencies and other groups that are willing to assist in the dissemination of such information.

ARTICLE III ----- AFFILIATION AND REGISTRATION

SECTION 1.  Any person who is interested in promoting the unrestricted availability of safe milk, thus encouraging its greater consumption, may become affiliated with the Conference by:

Subd. 1.  Registering at the biennial or special meeting of the Conference, or

Subd. 2.  Applying to the Executive Secretary for affiliation on forms provided and paying the annual affiliation fee.

SECTION 2.  Persons may not attend and/or take part in the biennial or special meeting of the Conference until they have registered their name, address, company, or agency with the Executive Secretary and paid the registration fee.

SECTION 3.  Payment of registration fees as are required in Article I, Section 9. of the Bylaws shall be a part of registration.

SECTION 4.  All persons affiliated with the Conference as prescribed in this Article are entitled to be on an official list to receive copies of the Conference proceedings and other Conference matters determined by the Board to be of interest to all persons affiliated with the Conference.

ARTICLE IV ------ VOTING DELEGATES, EXECUTIVE BOARD, OFFICERS, EXECUTIVE SECRETARY, COMMITTEES, COUNCILS, AND PROGRAM CHAIR

SECTION 1.  The voting delegates, of the Conference, are representatives of the State Milk Rating Agencies, State Milk Regulatory Agencies, and like representatives from the District of Columbia, participating U.S. Trust Territories and each participating non-U. S. country or political subdivisions thereof, as identified in Article VII, Section 4., Subdivision 3. of the Bylaws.

SECTION 2.  An individual must be affiliated with the Conference to be eligible to serve as an Officer of the Conference, on the Board, on Committees or Councils or as Program Chair.  Individuals must be in attendance and registered at the Conference at which they are appointed or elected or shall have been registered or attended the Conference immediately preceding the one at which they are appointed or elected. The requirement in respect to the consumer representative, Committees and Councils may be waived by the unanimous consent of the Board.

SECTION 3.  The voting delegates of the biennial meeting of the Conference shall elect its Executive Board, hereinafter called the Board.

SECTION 4.  The Board shall be composed up to twenty-five (25) members as follows:

Four (4) members from Group I (Eastern States); Six (6) members from Group II (Central States) (2 at large); Four (4) members from Group III (Western States); all to be elected by the General Assembly by majority vote (General Assembly is defined as qualified voting delegates, assembled at a biennial or special meeting of the Conference); plus one (1) member at large from each of Groups I (PHS/FDA) and III [United States Department of Agriculture (USDA)] appointed as outlined in the following section; plus one (1) non-voting member at large representing consumers, appointed by the Chair and confirmed by the Board; plus the immediate Past Chair, the Program Chair, Chair of the NCIMS Liaison Committee, and the three (3) Council Chairs who are appointed by the Chair and confirmed by the Board; and one (1) representative each from the International Dairy Foods Association (IDFA) and the National Milk Producers Federation (NMPF). The Program Chair, Chair of the NCIMS Liaison Committee, the three Council Chairs, the immediate Past Chair and the representatives from IDFA and NMPF, except as otherwise provided, shall serve on the Board as non-voting members. Each elected member of the Board shall serve through three (3) biennial meetings of the Conference. Full term Board members may succeed themselves, unless re-election would extend the total terms of consecutive service to more than twelve (12) years.

SECTION 5.  The membership of the Board shall be selected as follows:

Subd. 1.  Group I -- Eastern States

The Eastern States are Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Vermont, Virginia, West Virginia and the District of Columbia. A total of four (4) members shall be selected for election from this area (one (1) member from a State Milk Rating Agency, one (1) member from industry, one (1)  member from a State Milk Regulatory Agency, plus one (1) member from either a Local Health Authority, a State Milk Rating or State Milk Regulatory Agency), plus one (1) member (at large) from the PHS/FDA to be appointed by the Commissioner of FDA.

Subd. 2.  Group II -- Central States

The Central States are Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Ohio, Tennessee, and Wisconsin. A total of four (4) members shall be selected for election from this area (one (1) member from a State Milk  Rating Agency, one (1) member from industry, one (1)  member from a State Milk Regulatory Agency, plus one (1) member from either a Local Health Authority, a State Milk Rating or State Milk Regulatory Agency), plus one (1) member (at-large) from an educational institution and one (1) member (at-large) from a laboratory.  The at-large members need not live or be employed in Group II.

Subd. 3.  Group III -- Western States

The Western States are Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington and Wyoming. A total of four (4) members shall be selected for election from this area (one (1) member from a State Rating Agency, one (1) member from industry, one (1)  member from a State Milk Regulatory Agency, plus one (1) member from either a Local Health Authority, a State Milk Rating or State Milk Regulatory Agency), plus one (1) member (at-large) from USDA to be appointed by the Secretary of Agriculture.

Subd. 4.  Other Membership

In the case of participating U.S. Trust Territories, non-U. S. countries or political subdivision thereof, each U.S. Trust Territory, non-U. S. country or subdivision thereof shall be assigned to Group I, Group II, or Group III by the Board.

SECTION 6.  The Board shall elect a Chair and a Vice Chair from its membership after each biennial meeting of the Conference and they may retain their position at the pleasure of the Board as long as they are officially members of the Board. If the Chair cannot perform the  duties, the Board shall again elect a Chair. The Board shall retain the services of an Executive Secretary. The Executive Secretary shall be bonded, shall have no vote on the Board, shall have no vote in biennial or special meetings of the Conference; but shall perform all duties required in Article IV of the Bylaws. The compensation of the Executive Secretary shall be set by the Board.

SECTION 7.  The immediate Past Chair of the Board shall continue to serve on the Board until replaced by the next retiring Chair. If the immediate Past Chair of the Board is unable for any reason to continue to serve on the Board, the position shall remain vacant until filled by the next retiring Chair. The immediate Past Chair shall serve on the Board as a non-voting member, provided that the Past Chair shall be a voting member if elected by the voting delegates to serve on the Board, in a capacity other than as immediate Past Chair.

SECTION 8.  Elected members of the Board who retire or change disciplines from which elected (such as becoming consultants) may no longer continue to serve on the Board in their current position. Should the Conference Chair retire or change positions, the Chair may continue to serve as Past Chair.

SECTION 9.  There shall exist three (3) Councils in the Conference to provide continuity in carrying out the mission of the Conference.  Councils shall be known as Council I, Council II, and Council III.

SECTION 10.  Each Council shall have a voting membership of twenty (20) members to be appointed by the Chair with the approval of the Board.

Subd.1.  Each Council shall have ten (10) representatives from State Milk Rating and/or State Milk Regulatory Agencies and ten (10) representatives from industry.

Subd.2.  Industry Council members shall be equally divided between producer and processor representatives.

SECTION 11.  Each Council shall have a Council Chair and a Vice Chair who are appointed by the Chair and confirmed by the Board.  The Council Chairs and Vice Chairs shall serve on the Councils as non-voting members.  After each biennial meeting of the Conference, each Council Chair shall select twenty (20) Council members from qualified Conference registrants and offer their names for Chair appointment and Board confirmation.  Careful attention must be given by the Council Chair in the selection of Council members to achieve the discipline balance required in Article IV, Section 10. of this Constitution.

Subd.1.  Council Chairs and Vice Chairs shall after appointment serve through two (2) consecutive biennial meetings of the Conference.

Subd.2.  If the Council Chair  represents a State Milk Rating and/or State Milk Regulatory Agency, the Vice Chair shall represent industry.  If the Council Chair represents industry, the Vice Chair shall represent a State Milk Rating and/or State Milk Regulatory Agency.

Subd.3.  At the end of the Council Chair's term of office, the Vice Chair will become Council Chair and a new Vice Chair will be appointed from that Council and represent the same segment of the Conference as the outgoing Council Chair.

SECTION 12.  PHS/FDA may provide a consultant for each of the Councils.

ARTICLE V ------ AMENDMENTS TO THE CONSTITUTION

SECTION 1.  This Constitution may be amended at a duly called biennial meeting of the Conference with the delegates having had forty-five (45) days notice from the Executive Board or its designee of such proposed amendments.  Two-thirds (2/3) affirmative vote of the delegate quorum shall be necessary to adopt amendments to the Constitution.

SECTION 2.  Amendments to the Constitution shall be deliberated by Council III. Council III's actions on Constitutional amendments shall be reviewed by the delegate body. Council III or the delegate body may recommend changes to proposed Constitutional amendments. Adoption of such changes shall be as required in Section 1. of this Article.

SECTION 3.  Amendments to the Constitution shall become effective at the close of the Conference at which they are adopted.

ARTICLE II ------ DUTIES OF THE CHAIR

SECTION 1.  The Chair shall preside at all meetings of the Board and during all business sessions of the Conference, except as provided for in Article III, Section 1. of the Bylaws.

SECTION 2.  The Chair shall assist the Executive Secretary in arranging all Conferences.

SECTION 3.  The Chair, with the approval of the Board, shall appoint qualified Conference registrants to Standing Committees, including the Constitution and Bylaws, Documents Review Committee, Laboratory, Methods of Making Sanitation Ratings, Liaison, Single-Service Container and Closure, Technical Engineering Review, Scientific Advisory, Hauling Procedures and Other Species Committees, and Councils as is necessary to carry out the mission of the Conference.

SECTION 4.  The Chair shall appoint Study and Ad hoc Committees as directed by the voting delegates or the Board.

SECTION 5.  The Chair shall assure that at least one half (1/2) the voting membership of Standing Committees, Ad hoc Committees and Study Committees as set forth in Article II, Sections 3. and 4. of the Bylaws, shall be composed of State Milk Rating and State Milk Regulatory Agencies, provided the membership of the Nominating Committee, Resolutions Committee and Constitution and Bylaws Committee shall consist in whole from State Milk Rating and State Milk Regulatory Agencies. The Nominating Committee shall be composed as set forth in Article I, Section 5. of the Bylaws.

SECTION 6.  The Chair shall assure that PHS/FDA may provide a non-voting consultant to Standing Committees, Ad hoc Committees or Study Committees, provided PHS/FDA shall not provide any consultant to the Nominating Committee, Resolutions Committee, NCIMS Liaison Committee and Constitution and Bylaws Committee.

SECTION 7.  The Chair with the approval of the Board shall appoint Council Chairs and Vice Chairs as outlined in Article IV, Section 11. of the Constitution.

SECTION 8.  The Chair shall appoint Council consultants as required in Article II, Section 13. of the Bylaws.

SECTION 9.  The Chair shall appoint a Local Arrangements Committee to assist in planning the physical facilities for the next Conference.

SECTION 10.  The Chair may retain the services of a parliamentarian to rule on Parliamentary Procedures at Board meetings and during the delegate business meetings of the Conference.

SECTION 11.  The Chair, with Board approval, may retain clerical assistance for the Conference.

SECTION 12.  The Chair shall appoint a Program Chair.

SECTION 13.  The Chair shall appoint a consultant for each Council from the Board.  These consultants shall have no voting rights in Council, but will attend Council deliberations to offer advice when needed.

ARTICLE III ----- DUTIES OF THE VICE CHAIR

SECTION 1.  In the event the Chair is unable to attend any meeting of the Conference or Board, the Vice Chair shall act as Chair at the meeting.

SECTION 2.  When acting as Chair, as provided for in Section 1. of this Article, the Vice Chair shall perform all the necessary duties required in Article II of the Bylaws.

ARTICLE IV ---- DUTIES OF THE EXECUTIVE SECRETARY

SECTION 1.  The Executive Secretary shall record the minutes of each meeting of the Board and each delegate business meeting.

SECTION 2.  The Executive Secretary shall tally and record all voting of the Board and each delegate business meeting on forms authorized by the Board.

SECTION 3.  At least sixty (60) days prior to a biennial meeting, or as soon as possible for a special meeting of the Conference, the Executive Secretary shall notify the office or offices of the State Milk Rating and/or State Milk Regulatory Agency or Agencies in each participating State, or a like representative from the District of Columbia, participating U. S. Trust Territories and each participating non-U. S. country or political subdivision thereof, of the time and place of the next Conference, and the issues which are to be voted on in the General Assembly of the Conference under the heading of unfinished business.

SECTION 4.  The Executive Secretary shall collect registration and affiliation fees and shall pay all bills as directed by the Board. The Executive Secretary shall obtain a receipt for all disbursements and shall make all such receipts a part of Board records.

SECTION 5.  The Executive Secretary shall accomplish the duties outlined in Article VII, Section 3., Subdivisions 2., 3., and 4., and Article VII, Section 4., Subdivision 4., of the Bylaws.

SECTION 6.  At least ninety (90) days prior to the Conference, the Executive Secretary shall provide each registrant of the preceding Conference with forms on which Proposals may be submitted to the Program Chair for assignment to Councils.

SECTION 7.  The Executive Secretary shall act as Treasurer of the Conference and handle all financial matters of the Conference as directed by the Board.

ARTICLE V ---- DUTIES OF THE PROGRAM CHAIR AND COMMITTEE

SECTION 1.  The Program Chair shall assist the Executive Secretary and Chair in planning and arranging for all sessions of the Conference.

SECTION 2.  The Program Chair shall assist the Executive Secretary in the preparation and distribution of programs for each Conference.

SECTION 3.  The Program Committee shall review and assign all Proposals received for Council and voting delegate deliberation. Proposal assignments shall be made in accordance with the subject matter outlined in Article VI, Sections 1., 2. and 3. of the Bylaws unless this will result in one Council being assigned more than 38% of all Proposals; in which case, the Program Committee may assign Proposals to the Councils without considering their subject matter for purposes of equalizing the distribution of proposals between the three Councils.

SECTION 4.  The Program Chair shall serve as a non-voting member on the Board.

ARTICLE VI ----- DUTIES AND RESPONSIBILITIES OF COUNCILS

SECTION 1.  Council I shall deal with Proposals submitted to the Conference regarding Sections 7, 8, 9, 10, 12, 13, 14 and Appendices A, C, D, H, I, J, M, O, and Q of the Grade "A" Pasteurized Milk Ordinance, and Proposals assigned by the Program Committee to or originating from the Single-Service Container and Closure Committee or Technical Engineering Review Committee.

SECTION 2.  Council II shall deal with Proposals submitted to the Conference regarding Sections 1, 2, 3, 4, 5, 6, 15, 16 and Appendices B, E, F, G, L, N, P and R of the Grade "A"  Pasteurized Milk Ordinance; the Evaluation of Milk Laboratories document; and Proposals assigned by the Program Committee to or originating from the Methods of Making Sanitation Ratings Committee.

SECTION 3.  Council III shall deal with Proposals submitted to the Conference regarding Sections 11, 17, 18 and Appendix K of the Grade "A" Pasteurized Milk Ordinance ; the Constitution and Bylaws; the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments; issues of reciprocity; and proposals assigned from the Program Committee.

SECTION 4.  Each Council shall deliberate all assigned Proposals and each Council Chair shall report the actions of the Council to the certified voting delegates in General Assembly for final delegate action.

SECTION 5.  The Chair of each Council shall appoint four (4) alternate Council members representing a dairy processor, a dairy producer, a state dairy regulatory agency, and a state dairy rating agency for review and approval by the NCIMS Executive Board prior to each Conference.  Alternate Council members shall be seated to cast votes during periods of temporary absence of Council Members and shall be designated to replace Council members for the entire Conference if they can not attend.  Alternates must be affiliated with the current Conference and meet the same eligibility requirements to serve on a Council as the member for whom they will temporarily replace.  Alternates shall be required to be in attendance at the Conference and be present at each Council meeting, even if not called upon by the Council Chair to temporarily replace an existing Council Member.  Alternates are only eligible to replace existing Council members from the same stakeholder group and shall be seated for the entire Conference as a temporary replacement for the original Council member.  Council Chairs are encouraged to consider Council alternates when recommending permanent Council replacements to the Board for approval.

ARTICLE VII ----- RULES OF THE CONFERENCE

SECTION 1.  All Conferences shall be at least two (2) days' duration.

SECTION 2.  Except for additional meetings as provided for in Article I, Section 4. of the Bylaws, the Conference will convene each odd numbered year. 

SECTION 3.  Order of business, of the delegate business meetings, shall include the following:

Subd. 1.  Call to order by Chair.

Subd. 2.  Roll call of States and the announcement of the names of the delegates who will vote for each State in General Assembly.

Subd. 3.  Report of the Executive Secretary.

Subd. 4.  Unfinished business.

Subd. 5.  Appointment of Nominating Committee.

Subd. 6.  Conference program, PHS/FDA report, Council Chair reports, the annual audit report and other new business.

Subd. 7.  Report of Nominating Committee at least four (4) hours before voting.

Subd. 8.  Election of Board members. In addition to the nominees selected by the Nominating Committee, nominations may be made from the floor of the delegate business meeting, if nominees qualify for the position to be filled.

Subd. 9.  Report of Resolutions Committee.

Subd. 10.  Authorization by the voting delegates for the Board to conclude and implement any current unfinished action requiring PHS/FDA concurrence not specifically obtained during the Conference.

Subd. 11.  Adjourn.

SECTION 4.  Rules of the delegate business meeting.

Subd. 1.  Robert's Rules of Order shall prevail, unless specific rules are established.

Subd. 2.  Each State or other entity listed in Subdivision 3. of this Section, shall be entitled to one (1) full vote, or two (2) one-half (1/2) votes in the delegate business meeting.

Subd. 3.  Only a registrant at the Conference, who is a representative of a State Milk Rating Agency or a State Milk Regulatory Agency responsible for the enforcement of sanitation laws for Grade "A" milk and milk products, Grade "A" condensed and dry milk products and Grade "A" whey and whey products, or a like representative from the District of Columbia, or a participating U.S. Trust Territory, a participating non-U. S. country or political subdivision thereof, is entitled to be a voting delegate. When any State is represented by both Milk Rating and Milk Regulatory Agencies, the vote may be cast together as one (1) vote or separately as one-half (1/2) vote each, provided, that any State represented by both Milk Rating and Milk Regulatory delegates certified in compliance with the provisions of Subdivision 4. of this Section may during any delegate business meeting, reassign its one-half (1/2) vote privilege to the other duly certified State delegate by giving written notice of such action to the Chair. When any State is represented by only one (1) Agency, the voting delegate at the Conference may cast a full vote for that State. Each voting delegate at the Conference may cast a vote only for the voting delegate's own State. Delegates and/or alternates will not be allowed to vote at the Conference from a State which fails to honor the reciprocity provisions set forth in Section VI., paragraphs A. and B. of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments.

Subd. 4.  Ninety (90) days prior to the biennial meeting of the Conference, or as soon as possible for a special meeting of the Conference, the Executive Secretary shall send to the office, or offices, of the State Milk Rating or State Milk Regulatory Agency or Agencies in each participating State, the District of Columbia, participating U.S. Trust Territories and each participating non-U.S. country or political subdivision thereof, notice of the forthcoming meeting. Each notice shall include a copy of Article VII, Section 4., Subdivisions 3. and 4. of the Bylaws that outlines the designation of voting delegates and their privileges.

Each Agency shall report to the Executive Secretary, in writing on forms provided, within thirty (30) days of the Conference, or a date determined by the Chair for a special meeting, the following:

B.  Its officially designated responsibility whether as State Milk Rating Agency only, or as State Milk Regulatory Agency only, or both as identified in Article VII, Section 4., Subdivision 3. of the Bylaws.

C.  The name of the delegate and the alternate and the authority they represent.

D.  Designation of the vote to which they are entitled, whether one-half (1/2) vote or one (1) vote.

In the event two (2) delegates are designated by two (2) State Agencies to represent the same responsibility, either Rating or Regulatory, or, the sum of the votes designated for the delegates is greater than one (1), the Executive Secretary shall reject, void, and return the reports to the Agencies for correction and to be in compliance with Article VII, Section 4., Subdivision 3. of the Bylaws. 

Subd. 5.  State delegates shall record their names with the Executive Secretary, and shall cast their votes in the General Assembly when their State's name is called by announcing "yes" or "no" one (1) vote, or "yes" or "no" one-half (1/2) vote.

Subd. 6.  Voting in General Assembly shall be recorded as "yes" or "no".

Subd. 7.  A delegate may pass when the State's name is called for the purpose of caucusing and then shall vote when the second roll is called.

Subd. 8.  To adopt in General Assembly:

a.  A delegate quorum must be present.

b.  A delegate quorum is defined as the registered voting delegates from at least two-thirds (2/3) of the States which have designated official delegates for the Conference, as identified in Section 4., Subdivisions 3. and 4. of this Article.

c.  Adoption of motions involving actions not otherwise covered in this Constitution and Bylaws shall require a simple majority vote of the delegate quorum.

d.  Adoption of a motion involving a new procedure in the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments shall require a simple majority vote of the delegate quorum with the vote to be taken on the second delegate voting day of the biennial or special meeting of the Conference; and

e.  In order to change a procedure in the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, adopted at any previous biennial or special meeting of the Conference, two (2) ballots are required on the motion for change. The first ballot shall be made on the first delegate voting day of the Conference, and shall require a majority vote of the delegate quorum. If the motion for change carries on the first ballot, the second consideration shall then be made on the second delegate voting day of the Conference. For the proposed change in procedure of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments to be finally adopted, the second ballot shall require at least a two thirds (2/3) majority vote of the delegate quorum.

ARTICLE VIII ------- AMENDMENTS TO THE BYLAWS

SECTION 1.  These Bylaws may be amended at a duly called biennial meeting of the Conference, with the delegates having had forty-five (45) days notice from the Executive Board or its designee of such proposed amendments. Two-thirds (2/3) affirmative vote of the delegate quorum shall be necessary to adopt amendments to these Bylaws.

SECTION 2.  Amendments to the Bylaws shall be deliberated by Council III. Council III's actions on Bylaws amendments shall be reviewed by the delegate body. Council III or the delegate body may recommend changes to proposed Bylaws amendments.  Adoption of such changes shall be as required in Section 1. of this Article.

SECTION 3.  Amendments to the Bylaws shall become effective at the close of the Conference at which they are adopted.