In General. The eligibility of State, regional, or national organizations to represent producers, seedstock producers, feeders, and first handlers and to participate in the making of nominations under this subpart shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established under paragraphs (b) and (c) of this section. An eligibility determination by the Secretary shall be final.

Basis for Certification. Certification shall be based upon, in addition to other available information, a factual report submitted by the organization that shall contain information considered relevant and specified by the Secretary, including:

The geographic territory covered by the active membership of the organization;

The nature and size of the active membership of the organization, including the number of active producers, seedstock producers, feeders, or first handlers represented by the organization;

Evidence of stability and permanency of the organization;

Sources from which the operating funds of the organization are derived;

The functions of the organization; and

The ability and willingness of the organization to further the purpose and objectives of the Act.

Primary Considerations. The primary considerations in determining the eligibility of an organization under this paragraph shall be whether:

The membership of the organization consists primarily of producers, seedstock producers, feeders, or first handlers who market or handle a substantial quantity of lamb or lamb products; and

A primary purpose of the organization is in the production or marketing of lamb or lamb products.