Current through Register Vol. 48, 12, December 27, 2024
Section 5-32 - Marketing Order Purposes1. Uniform Grading. a. The Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to require and enforce the uniform grading of all sweet potatoes sold or offered for sale in the affected area, except those sweet potatoes sold for processing and those sold by the producer from his own production at retail on his own premises or from his own vehicle, each load not to exceed 30 bushels provided that this activity takes place at locations other than a public market type facility. The grades permitted under the provisions of this section shall be those determined and specified for sweet potatoes by the United States Department of Agriculture.b. The Board and Commission shall coordinate with the South Carolina Agricultural Marketing Commission, the Federal-State Inspection Service, The South Carolina Department of Agriculture, and other agencies as necessary to insure that the provisions of this section are fulfilled.2. Packaging and Labeling. The Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to require that all sweet potatoes sold or offered for sale within the affected area, except those sweet potatoes sold to processors and those sold by the producer from his own production at retail on his own premises or from his own vehicle, each load not to exceed 30 bushels, provided that this activity takes place at locations other than a public market type facility, be packaged in suitable containers, which containers shall be labeled, marked, stamped, or branded as to variety and grade of sweet potatoes therein packed, and the name and address of the producer or the packer of the sweet potatoes. Such specifications shall be made public at least 60 days prior to the marketing season.
3. Advertising and Sales Promotion. a. The Board, with the assistance of the Commission and subject to the provisions of the Act, is hereby authorized to plan, prepare, administer and conduct programs, and expend monies for advertising and sales promotion to promote the sale of sweet potatoes and sweet potato products in domestic and foreign markets for the purpose of maintaining existing markets or creating new and/or larger markets for sweet potatoes 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 sweet potatoes and sweet potato 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 sweet potatoes 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 sweet potatoes produced in South Carolina, including cooperation of all kinds with any agency or group in efforts to increase consumption and utilization of sweet potatoes 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 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 markets for sweet potatoes 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 sweet potatoes and sweet potato 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 sweet potatoes.4. Research. a. The 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 sweet potatoes and sweet potato 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 proposals. 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 sweet potatoes.(3) Improving storage and handling techniques which promote more efficient operation in the marketing and distribution of sweet potatoes.(4) Investigating transportation rates, handling costs, routes, media, and other aspects of moving sweet potatoes in trade channels. If the Board, after such investigations, finds transportation service, rates, costs, or other factors to be restricting the free flow of sweet potatoes produced in this State, the Board and Commission are authorized to institute actions pursuant to the Act before the Interstate Commerce Commission, Federal Trade Commission, or such other agency or body deemed necessary to correct the situation.(5) Conduct market research investigations to improve the marketing of sweet potatoes 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 studies may include the collection of data and information relating to sweet potatoes; the analysis of such data and information, the dissemination of such date, information and analysis, and such other investigation that falls within the scope of the producing, handling, processing, or marketing of sweet potatoes.5. Unfair Competition. The 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 sweet potatoes or sweet potato 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.6. Cooperation with Other Agencies. The 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.
(1) Coordination and cooperation in promotion, advertising, educational programs, information 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, commissions, 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 sweet potato producers of South Carolina and is pursuant to the Act.7. Market Development Programs. The 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 sweet potatoes and sweet potato products, or which will result in the expansion of existing markets for such 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 sweet potatoes.(2) Sending representatives, groups, and individuals to visit markets and potential markets for sweet potatoes and sweet potato products, both domestic and foreign, for the purpose of providing information related to these products.(3) Participating in trade fairs, exhibitions, and other such activities for the purpose of developing markets for sweet potatoes and sweet potato products.8. Educational Programs. a. The 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 sweet potatoes and sweet potato products which will complement and strengthen, but not duplicate or substitute for, the educational programs of the Clemson University Experiment Service.b. The educational program which may be established pursuant to this section 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 section. The opinions, advice, and counsel of the Director of the Clemson University Extension Service may be sought by the Board during the consideration of, and prior to the adoption of, any education program related to sweet potatoes and sweet potato products.