The Commission shall enforce this chapter but issuance, termination of marketing agreements and orders shall be accomplished according to the procedures set forth in this chapter.
(a) This chapter shall be administered under the direct control and supervision of the Commission, including such administrative requirements of marketing orders and agreements not specifically assigned to commodity boards.
(b) Whenever the Commission has reason to believe that the issuance, amendment, or termination of a marketing agreement or order will effectuate the policy of this chapter with respect to any agricultural commodity, and in the case of application for issuance, amendment or termination of a marketing agreement or order, ten or more producers of such commodity apply by petition to the Commission, the Commission shall give due notice of, and an opportunity for, a public hearing upon such issuance, amendment, or termination, and shall issue marketing agreements and orders and from time to time amend or terminate such agreements and orders whenever the Commission shall find that such agreement, order, or amendment:
(1) Will tend to effectuate one or more of the declared policies of this chapter and is needed in order to effectuate such agreement, order or amendment.
(2) Is reasonably adapted to accomplish the purposes and objects for which it is issued and complies with this chapter.
(3) Has been approved or favored by the percentage of producers required by this chapter.
HISTORY: 1962 Code Section 3-235.4; 1968 (55) 2743.
Structure South Carolina Code of Laws
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 46-17-60. 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 46-17-140. Referendum to determine assent to marketing order.
Section 46-17-160. When Commission may amend or suspend agreement or order.
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 46-17-270. 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 46-17-360. 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 46-17-470. Liability of members of Commission, board members, and employees.