By-Laws

Article I – Name

The name of this organization shall be the “Association of Food and Drug Officials of the Southern States.” The Association shall include the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia and the territory of Puerto Rico.

Article II – Objectives

The objectives of the Association shall be to:

  1. Promote and foster uniformity of food, drug, cosmetic, device, product safety, environmental and public health, and related consumer protection laws.
  2. Encourage and promote uniform and cooperative enforcement of food, drug, cosmetic, device, product safety, environmental and public health, and related consumer protection laws at all levels of government.
  3. To develop training programs to assist members in their technical work and development and to promote uniformity of inspection and analytical techniques for enforcement officials at all levels of enforcement.
  4. Foster and promote modernization of existing laws, regulations, administrative procedures, inspection and analytical techniques in consumer and public health protection.
  5. Cooperate with the Association of Food and Drug Officials and other organizations having similar objectives.
  6. Encourage and promote improved communications between and among consumer, enforcement, and related producer and industry groups.
  7. To sponsor a scholarship fund for students pursuing undergraduate education in a food or drug related field.

This Association is subject to the requirements of section 501(c)(6) of the Internal Revenue Code

 

Article III – Membership

Section l. There shall be four (4) classes of membership in the Association: Regular, Associate, Alumni and Life.
Section 2. The qualifications for each class of membership shall be:

  1. Regular Members: Employees of agencies charged with enforcement of food, drug, cosmetic, therapeutic devices or consumer safety laws, including academia members having regulatory responsibilities and /or employed by a college or university involved in education or research involving foods, drugs, cosmetics, therapeutic devices or consumer product safety.
  2. Associate Members: Individuals eligible to hold associate membership shall be those persons affiliated with industry, organizations, or professions maintaining an interest in the objectives of the Association
  3. Alumni Members: Any individual who prior to retirement qualified as a regular or associate member.
  4. Life Members: Regular Members who are nominated by the Executive Board and approved by the Association in recognition of their substantial contribution to the achievements of the objectives of the Association.

Section 3: Membership Rights and Privileges: Individual classes of membership shall be entitled to rights and privileges within the Association as follows:

  1. Regular Members: Regular Members shall be entitled to the full rights and privileges of the Association, including the right to hold office, to be a member of committees, and to vote on issues to come before the Association.
  2. Associate Members: Associate Members may serve as an advisor to committees, without vote. Associate Members shall not be entitled to hold office or to vote on issues to come before the Association.
  3. Alumni Members: Alumni Members may serve as an advisor to committees without vote. Alumni Members shall not be entitled to hold office or to vote on issues to come before the Association.
  4. Life Members: Life Members shall have all the rights and privileges of a Regular Member unless said Life Members becomes associated with a regulated industry, causing their rights and privileges to be limited to those of an Associate Member.

All members are entitled to receive routine mailing of the Association including a newsletter, if one such newsletter is printed and/or available for distribution in media.

Article IV – Officers and Executive Board

Section l. The Officers of the Association shall consist of a President, a Vice- President, and Secretary-Treasurer. The President and Vice President shall be elected for a term of one year. The Secretary-Treasurer shall be elected for a term of three years. Officers shall be elected at the annual meeting from a list of the Regular Members of the Association.

Section 2.The Executive Board shall consist of the President, Vice President, Secretary-Treasurer, two elected Regular Members, the Directors, or their designee, of the Office of Partnerships of the Food and Drug Administration, the U. S. Department of Agriculture-Food Safety Inspection Service, and the Chairperson of the Advisory Committee as ex-officio members. One Regular Member of the Association shall be elected to the Executive Board at each annual meeting to serve as a Junior Executive Board member for one year, after which the member becomes eligible for succession to the offices of Senior Executive Board Member, Vice President and President. The affiliate Director from AFDOSS, elected for a four-(4) year term to represent the Association on the AFDO Board of Directors, shall be a member of the Executive Board during his/her tenure. If a vacancy occurs when the Association is not in session, the President, upon recommendation of the Executive Board, shall appoint a successor to hold office until the next annual or special meeting. 

Section 3. The duties of the officers and other elected officials of this Association shall be as follows:

  1. President: The President shall preside at all meetings and shall appoint such committees as may be authorized or required, whose appointment or election is not otherwise provided. The President shall be Chairperson of the Executive Board.
  2. Vice President: The Vice President shall act in the capacity of the President at the President’s bidding or in case of the absence of the President. He/she shall be responsible for fulfilling duties delegated to him/her by the President and shall fill the unexpired term of the Office of the President if the latter office shall become vacant. Unless otherwise appointed by the President, the Vice President shall serve as Chairperson of the Program Committee.
  3. Secretary-Treasurer: The Secretary-Treasurer shall keep a list of all members of the Association, collect all monies due the Association, giving receipts therefore, and record the amount of each payment. The Secretary-Treasurer shall send invoices to all members of the Association who are in arrears for dues and conduct such part of the correspondence as is usually conducted by such officer of similar organization. The Secretary-Treasurer shall record the minutes of each meeting and keep them securely filed. The Secretary-Treasurer shall be bonded as directed by the Executive Board, shall have care of the funds of the Association and all funds shall be dispersed with the approval of the President. The Secretary-Treasurer shall furnish to the Association, at each annual meeting and at such times as called on by the Executive Board, a financial statement of all receipts and the disbursements since the last annual meeting, and this statement together with all books, vouchers, and all necessary documents, shall be available for audit.
  4. Affiliate Director: The representative to the Association of Food and Drug Officials (AFDO) Board of Directors shall receive instructions from this Association’s Executive Board for carrying its vote on management matters to AFDO and represent the Association at all official meetings of AFDO and of its Board of Directors and be the only official voice of this Association at AFDO. The representative to AFDO shall officially present to AFDO resolutions passed by this Association
  5. Senior Executive Board member: The Senior Executive Board member shall act as the committee whip of the Association and be responsible to oversee the activities of the Association committees. Unless otherwise appointed by the President, the Senior Executive Board member shall serve as Co- Chairperson of the Program Committee.
  6. Junior Executive Board member: The Junior Executive Board member’s duties shall include assisting the Program Committee in planning and organizing the annual meeting, assisting in carrying out other delegated activities of the Association, and fulfilling the duties delegated by the President.

Article V – Committees

Section 1. The President, with concurrence of the Executive Board, shall annually appoint all standing committees as may be established by the Executive Board and such other committees as deemed necessary for the Association.
Section 2. Administrative (to include Executive, Advisory, Audit, Local Arrangements and Program)
Section 3. The Program Committee shall be chaired by the Vice President and other members, as required.
Section 4. The Technical Committee (includes Drugs, Devices Cosmetic Committee and Laboratory, Science and Technology) shall monitor and report to AFDOSS any dynamic and emerging laboratory, science, research and regulatory issues related to food, drug, medical devices and cosmetics.
Section 5. The Nomination and Elections Committee shall consist of three Regular Members, the immediate past president serving as the chair. The committee shall develop a slate of candidates for the Junior Executive Board member each year.
Section 6. Associate Membership shall encourage associate membership in AFDOSS and provide program ideas and speakers to the program chair.
Section 7. Membership shall include Alumni, Credentials (as defined), and Necrology. This committee shall promote membership in AFDOSS and encourage Alumni participation at our meeting.
Section 8. Food Committee shall include Seafood, Field, Retail, Meat and Poultry. The Committee shall monitor and report to the AFDOSS Board any dynamic and emerging issues related to use, concerns, testing, research and regulatory activity associated with foods and food ingredients, with the preparation, holding and selling of food at the retail level.
Section 9. Resolutions Committee shall encourage and solicit resolutions from the membership and submit to the Executive Board.
Section 10. Education and Training Committee shall evaluate and make recommendations to the AFDOSS Board on methods to bring quality training to federal, state, local, and associate members.
Section 11. Media and Public Affairs Committee shall promote AFDOSS’s achievements and other news in the Cauldron and other media.
Section 12. Laws and Regulations Committee shall monitor and report to the Executive Board about dynamic and emerging issues related to the changes in laws, regulations, major policies that have an effect on foods, drugs, medical devices and cosmetics and the uses, concerns, research associated with the importation and exportation of these.
Section 13. The Credentials Committee shall consist of the President, the Secretary-Treasurer and a third member appointed by the President. It shall be the duty of the Credentials Committee to pass on the eligibility of members of the Association for voting.
Section 14. The Advisory Committee shall consist of Regular association members of federal agencies. The duties of the Advisory Committee shall be:

  1. To foster continuous communication between state and federal regulatory agencies
  2. To project and plan specific areas of cooperation
  3. To advise AFDOSS Executive Board of areas in need of attention
  4. To alert AFDOSS membership of new areas developing within the federal agencies which will affect AFDOSS.

Section 15. Awards Committee (includes the awards as defined in the by-laws) The Eugene H. Holeman Award Committee shall consist of five members as follows:

  1. the most recent recipient as Chairman
  2. the President of the Association
  3. the three (3) past living recipients. If three members, as described, are not available, the President may appoint such members as necessary to fill all five positions. To be eligible for the Eugene H. Holeman Award, a nominee must have demonstrated that he/she has served the Association and made a valuable contribution to food, drug, cosmetic and consumer products and administration and enforcement. A previous recipient of the award shall not be eligible for re-nomination.

The committee shall consider each report of nomination, as received, and the committee members shall have the right to independently canvass the field in order that no one worthy of consideration is overlooked.
The Committee, before March l, shall make a recommendation. An award need not be granted each year.

Section 16. The Mary Logan Scholarship Committee shall consist of five(5) members appointed by the President. No two members of the committee shall be from any one state.
Applicants may be from any university representative of the Association of Food and Drug Officials of the Southern States, which have respectful food and drug related curricula. Upon applicant filing, the Committee shall review the applications and grade, ranking the top five (5) applicants, with five (5) being the best applicant. The committee chair shall receive the ranking from the committee members and the applicant with the highest points is awarded the scholarship. In case of a tie, the Committee Chair and the President shall make the determination.
The Committee Chair will award the student the scholarship at the AFDOSS Annual Meeting Banquet.
The Secretary/Treasurer will be informed as to which semester the scholarship is to be applied within the next twelve-(12) month period and the funds will be paid directly to the college/university for the selected student.
Section 17. The Emergency Response and Preparedness Committee shall consist of the Senior Committee Board Member, Vice President, a Regular Member, an Associate Member, a representative of USFDA, USDA, along with other members necessary for the Committee tasks, and as appointed by the President. This Committee shall review Regional Disaster-Preparedness-Response and Recovery plans regarding the safety of this nations food and drug supply and develop and provide a uniform approach and recommendations to disaster preparedness and response to the Board. The Board may choose to further disseminate this information to other states and to AFDO for incorporation.

Article VI – Voting

In matters pertaining to any change of the Constitution or By-Laws, or other matters, each Regular Member or Life Member in good standing shall be entitled to one vote.

Article VII – Meetings

The Association shall meet at least once annually, except that the President may call a special meeting upon request of a majority of the states or the Executive Board. The Executive Board shall decide the dates of regular and special meetings.

Article VIII – Dues and Registration Fees

Section 1. Membership dues for all classes of membership shall be established by the Executive Board, subject to approval by a majority of the Regular Members registered and present at any annual or special meeting. Dues may be different for different classes of membership.
Section 2. The membership year shall coincide with the calendar year and dues are payable on January 1 of each year.
Section 3. A registration fee shall be charged, the amount to be decided upon by the Executive Board before the date of each meeting, and the membership shall be notified of same prior to the annual or special meeting.

Article IX – Property

The Association may accept contributions and endowments. It may purchase, own, manage, and dispose of property. The Executive Board shall act as trustee for all property of the Association.

Article X – By-Laws

The Association may adopt By-Laws which are not in conflict with the Constitution. By-Laws may be adopted or amended only upon a two-thirds vote of the Regular and Life membership present at the annual or special meeting, taken in accordance with Article VI, provided, however:

  1. that notice of the proposed amendments(s) is announced to the membership at least thirty (30) days in advance of the meeting at which it is to be considered, and
  2. the amendments have been read at two separate sessions of the meeting at which they are considered prior to the vote.

Article XI – Amendments to the Constitution

The Constitution of the Association can be amended by the Executive Board subject to approval by two-thirds vote of the Regular and Life membership present at a business meeting at the next annual or special meeting, taken in accordance with Article VI, provided, however:
A.That notice of the proposed amendment(s) is announced to the membership at least thirty (30) days in advance of the meeting at which it is to be considered, and
B.that the amendments have been read at two separate sessions of themeeting at which they are to be considered prior to the vote.

ARTICLE XII – SCOPE OF ACTIVITIES

When the financial structure of the Association permits employment of business managers, scientists, or other workers, such appointment may be made by the Executive Committee, subject to approval by a majority vote of Regular and Life membership voting.

Article XIII – Dissolution

In the event of a need for dissolution of the Southern Association of Food and Drug Officials, and after settlement of all just obligations, the Executive Board shall distribute the remaining assets to one or more organizations operated exclusively for charitable, educational, or scientific purposes as shall be at the time qualified as exempt organization under Section 501(c) (3) of the Internal Revenue Code of 1979, or under any successors to said Section of the Code.