South Carolina Code of Laws
Chapter 17 - Agricultural Commodities Marketing
Section 46-17-290. Purpose of agreement or order and power to be exercised stated.

The purpose of each marketing agreement and order issued and the power to be exercised thereunder shall be stated in detail in the provisions of the agreement or order for:
(a) Determining the grade of any agricultural commodity and provisions for the control and disposition of such grade;
(b) Regulating the period during which any agricultural commodity or any grade may be processed, distributed, handled, or otherwise marketed;
(c) The establishment of surplus or reserve pools of any agricultural commodity or of any grade thereof, and providing for the sale of such surplus commodity and the equitable distribution, among the persons interested, of the net returns derived from the sale of such commodity;
(d) The establishment of uniform grading and inspection of any agricultural commodity delivered by producers to handlers or processors or others engaged in the handling thereof and for the establishment of grading standards of quality, condition, size, or pack for any agricultural commodity, and the inspection and grading of such commodity in accordance with such grading standards so established. Such grading standards for any such commodity shall not be established below any minimum standards now prescribed by law for such commodity. The Federal-State inspection service shall perform all inspections made necessary by these provisions;
(e) The establishment of plans for advertising and sales promotion to create markets for agricultural commodities. The commodity board and the Commission shall prepare and enforce plans for promoting and advertising the sale of such agricultural commodity. Any such plan shall be directed toward increasing the sale of such commodity without reference to a particular brand or trade name and may be in conjunction or cooperation with other states or areas as determined by the Commission and commodity board;
(f) Price posting; provided, that any grade shall be sold by the handlers only at prices filed by such handlers in the manner provided for in the marketing order;
(g) Requiring the labeling, marking or branding of any agricultural commodity;
(h) Establishing convenient stations for inspection, weighing and receiving payment for any agricultural commodity sold by producers under any marketing agreement or order and providing for the collection of expenses of operating such stations;
(i) Allowing the Commission and commodity board to cooperate with any State or Federal agency;
(j) Requiring the packaging of any agricultural commodity in containers, and to set standards for such containers, in conformity with requirements in any marketing agreement or order;
(k) The establishment of research programs for the improvement of control of insects or disease, economic causes and effects, harvesting, storing, transporting, marketing, handling, processing, or any other phase or division of research which would benefit any affected commodity. The advice of the Director of the State Agricultural Experiment Station shall be sought by the Commission and the commodity board in the development of research projects. Insofar as practicable, such research shall be carried out by the State Agricultural Experiment Station and may be financed by such funds as may be available to the Commission and commodity board;
(l) Establishing methods, whereby agricultural commodities other than marketable products may be disposed of and for prohibiting dispositions thereof except as provided by the marketing order or agreement for such agricultural commodity;
(m) The prevention of unfair competition;
(n) Establishing market development programs and for the dissemination of market information according to the marketing agreement or order;
(o) Insuring payment for all usable products purchased from producers according to established grades;
(p) Establishing for any agricultural commodity an educational program designed to acquaint producers, handlers, processors, or other interested persons with the results of research.
HISTORY: 1962 Code Section 3-235.28; 1968 (55) 2743.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 46 - Agriculture

Chapter 17 - Agricultural Commodities Marketing

Section 46-17-10. Short title.

Section 46-17-20. Declaration of purpose.

Section 46-17-30. Declaration of policy.

Section 46-17-40. Definitions.

Section 46-17-50. Enforcement and administration of chapter; when Commission shall issue, amend, or terminate marketing agreements or orders.

Section 46-17-60. Proposals; records to be kept by Commission.

Section 46-17-70. When notice, hearing, and referendum are required; costs.

Section 46-17-80. How notice of hearing is given.

Section 46-17-90. Conduct of hearing.

Section 46-17-100. Findings and preliminary decision of Commission.

Section 46-17-110. Filing of objections; final decision.

Section 46-17-120. Requirements for preliminary and final decisions; notice of final decision; final decision denying proposal.

Section 46-17-130. Assent to marketing agreements or amendments; when agreements or amendments may be enforced; when agreements are deemed issued.

Section 46-17-140. Referendum to determine assent to marketing order.

Section 46-17-150. When marketing order shall have effect of law; effect of defeat of order at referendum.

Section 46-17-160. When Commission may amend or suspend agreement or order.

Section 46-17-170. Producers and handlers to furnish certain information; lists of producers and handlers; use of information.

Section 46-17-180. Agreements and orders administered by Commission with advice and approval of commodity board; employment of additional personnel.

Section 46-17-190. Establishment of commodity boards.

Section 46-17-200. Qualifications of board members.

Section 46-17-210. Terms of office, election, or appointment of board members.

Section 46-17-220. Nomination of candidates for boards.

Section 46-17-230. Vacancies on boards; quorum.

Section 46-17-240. Compensation and expenses of board members.

Section 46-17-250. Boards may appoint or utilize committees and other advisers.

Section 46-17-260. Powers of boards generally; Commission to certify status and changes in membership; marketing orders and agreements, bylaws, rules, and regulations filed with Secretary of State.

Section 46-17-270. Powers and duties of boards enumerated.

Section 46-17-280. Commission to approve or disapprove actions of boards.

Section 46-17-290. Purpose of agreement or order and power to be exercised stated.

Section 46-17-300. Area of application of agreement or order to be defined.

Section 46-17-310. Levy of assessments; maximum total annual assessment.

Section 46-17-320. Levy of assessments; per unit rate.

Section 46-17-330. Levy of assessments; payment and collection.

Section 46-17-340. Disposition of moneys collected under agreement or order; expenditures.

Section 46-17-350. Refunds.

Section 46-17-360. Assessments constitute personal debts; enforcement.

Section 46-17-370. Deposits and disbursements.

Section 46-17-380. Records, audits, and financial statements.

Section 46-17-390. Bonds of administrators, administrative boards, and employees.

Section 46-17-400. Violations.

Section 46-17-410. Jurisdiction of courts; action for specific performance or injunction.

Section 46-17-420. Enforcement of chapter by Attorney General.

Section 46-17-430. Remedies are additional.

Section 46-17-440. Cooperation with other states and with United States.

Section 46-17-450. Prices shall not be established in violation of State or Federal laws.

Section 46-17-460. Penalty.

Section 46-17-470. Liability of members of Commission, board members, and employees.