By-Laws (Updated: 8/22/2017)

REVIEW THE REVISED BY-LAWS, updated April 26, 2018.  Click here. To see tracked changes throughout the document, click here.

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 a public benefit association that shall be organized and operated at all times exclusively for religious, charitable, scientific, literary, educational and other purposes described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the Code) or corresponding provisions of any subsequent federal tax laws. Neither the members of the Executive board nor officers nor members shall have the power or authority to do any act that will prevent the Association from being an organization described in Section 501(c)(3) of the Code or corresponding provisions of any subsequent federal tax laws.

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 announcements, general updates, meeting information, and other correspondence relating to the Association and/or membership’s activities.

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.  Executive Board
The Executive Board shall consist of the elected officers, Senior Executive Board member, Jr. Executive Board member, the immediate Past President, and the AFDOSS affiliate Director to the AFDO Board.  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 may serve as advisors to the board subject to agency support and participation, but shall not have a vote.

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 shall be elected from the list of Regular Membership, for a four-(4) year term to represent the Association on the AFDO Board of Directors. If a vacancy of an elected position 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 at which time a new vote shall occur.

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. The Vice President shall be responsible for the annual meeting program.
  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. The Senior Executive Board member shall assist the Vice President with the annual meeting program.
  6. Junior Executive Board member: The Junior Executive Board member’s duties shall include assisting 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.
  7. Past President: The immediate Past President shall serve as an advisor to the Executive Board on all functions of the organization.

ARTICLE V – COMMITTEES

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.

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 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
  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:

  1. 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
  2. That the amendments have been read at two separate sessions of the meeting 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 Board, 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. The Association may dissolve, subject to a two–thirds vote of the regular members present at the annual meeting.