Current through Register Vol. 48, 12, December 27, 2024
Section 5-3 - Marketing Order Purposes1. Advertising and Sales Promotion Plans.a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to prepare plans, administer and conduct programs, and expend monies for advertising and sales promotion to promote the sale of soybeans and soybean products in domestic and foreign markets for the purpose of maintaining existing markets or creating new and/or larger markets for soybeans grown in the State of South Carolina and the products thereof, including but not necessarily limited to the following: 1) Increasing the sale and consumption of South Carolina produced soybeans and soybean products through the use of any advertising media available.2) Trade promotion, and market expansion activities.3) Prevention, modification, or elimination of trade barriers which restrict the free flow of soybeans produced in this State.4) Presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of soybeans produced in South Carolina, including cooperation of all kinds with any agency or group in efforts to increase consumption and utilization of soybeans, and such other activities and programs which are consistent with the objectives of this Marketing Order and the Act.b. In carrying out any advertising and sales promotion plans or programs, the Board may engage or hire such advertising media as may be necessary to accomplish the purposes of this Act and the Marketing Order, and may cooperate with others in engagement and hire of such media, and may use any other methods consistent with the Act and this Marketing Order which the Board considers appropriate in promoting or creating new and larger domestic or foreign markets for soybeans and soybean products, or in maintaining existing markets.c. Programs and plans adopted by the Board under this Marketing Order shall be directed toward the promotion of the sale of soybeans and soybean products without reference to any particular individual, brand, variety, trade name, or private label. Sales and advertising programs so conducted shall not disparage the value, quality, sale, or use of any other agricultural commodity or make use of any unwarranted or false claims on behalf of soybeans.2. Research. a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to carry on or cause to be carried on any necessary and proper marketing, production, processing, or handling research or survey studies related to soybeans and soybean products and to expend monies for such purposes.b. The advice of the Director of the South Carolina Agricultural Experiment Station shall be sought by the Board in the development of research projects. Insofar as practicable, such research shall be carried out by the South Carolina Agricultural Experiment Station.c. Such research and survey studies may include, but shall not necessarily be limited to the following:1) Production problems, such as soil, seed, fertilizers, irrigation, pesticides, and the like.2) Improving the techniques and methods for harvesting soybeans.3) Developing and improving methods for processing soybeans and soybean by-products for the purpose of increasing and expanding their use.4) Improving storage and handling techniques which promote more efficient operation in the marketing and distribution of soybeans.5) Investigating transportation rates, handling costs, routes, media, and other aspects of moving soybeans in trade channels. If the Board after such investigations finds transportation service, rates, costs, or other factors to be restricting the free flow of soybeans produced in this State, the Board and Commission are authorized to institute actions pursuant to the Act before the Interstate Commerce Commission, Federal Maritime Commission, or such other agency or body deemed necessary to correct the situation.6) Conduct market research investigations to improve the marketing of soybeans at any stage of the marketing process deemed advisable by the Board.d. The Board may in addition to the activities enumerated above, carry on or cause to be carried on any other proper and necessary research and/or survey programs and activities consistent with, and subject to the limitations of the Act. Such research and/or survey studies may include the collection of data and information relating to soybeans; the analysis of such data and information; the dissemination of such data, information and analysis; and such other investigation that falls within the scope of the producing, handling, processing, or marketing of soybeans.3. Unfair Competition. The South Carolina Soybean Board with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to investigate and take necessary action to prevent unfair trade practices and to correct where possible, trade practices which hinder the marketing of soybeans or soybean products. Information acquired in such investigation shall be confidential and shall be released only to the extent necessary to effectuate the purposes of the Act.4. Cooperation with Other Agencies.a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to cooperate with agencies of the United States Government, the State of South Carolina, and other States as deemed by the Board and the Commission to be desirable and useful to effectuate the purposes of this Marketing Order and of the Act. Such cooperation may include, but is not necessarily limited to the following: 1) Coordination and cooperation in promotion, advertising, educational programs, disease control, marketing and transportation research, and any of the several areas of authority permitted to the Board and the Commission by this section and by the Act.2) Coordination of purposes with other boards, commission, or any other marketing order group in the State of South Carolina or other states, areas, or foreign countries so long as such cooperation is in the best interest of the soybean producers of South Carolina and is pursuant to the Act.5. Market Development Program. a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to plan and establish market development programs which will result in the opening of new markets for soybeans and soybean products, or which will result in the expansion of existing markets for these products. These activities may be carried out in connection with research, educational advertising, promotion, cooperative, or any other program or programs available to the Board, and may include, but are not limited to the following: 1) Preparation and dissemination of marketing information to include supply information, demand information, quality characteristics and other facts concerning South Carolina soybeans.2) Sending representatives, groups, and individuals to visit markets and potential markets for soybeans and soybean products, both domestic and foreign, for the purpose of providing information related to South Carolina soybean products.3) Participating in trade fairs, exhibitions, and other such activities for the purpose of developing markets for soybeans and soybean products.6. Educational Programs. a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to provide educational materials and to develop and conduct educational programs pertaining to soybeans and soybean products which will complement and strengthen, but not duplicate or substitute for, the educational programs of the Agricultural Extension Service of Clemson University.b. The educational program which may be established pursuant to this subsection and Section 46-17-290(p) shall emphasize the results of research, market development, and other programs sponsored, supported, or otherwise implemented by or for the Board and authorized by the provisions of this regulation. The opinions, advice, and counsel of the Director of the Agricultural Extension Service of Clemson University may be sought by the Board during the consideration of and prior to the adoption of any educational program related to soybeans or soybean products.7. Uniform Grading and Inspection.a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to establish requirements for uniform grading and inspection of soybeans delivered by producers to handlers or processors or others engaged in the handling thereof to include, but not to be limited by the following:1) Establishment of grading standards of quality, condition, characteristics, or package for soybeans.2) Establishment of a system of penalties and discounts, or of premiums and additions based upon such grading standards as may be specified by the Board.b. Grading standards of quality, condition, characteristics, or package for soybeans shall not be established below any minimum standards otherwise prescribed by law for soybeans. All inspections and quality determinations made necessary by the provisions of this Marketing Order shall be performed under the supervision of Federal-State Inspection Service.