South Carolina Code of Regulations
Chapter 5 - DEPARTMENT OF AGRICULTURE
Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT
Subarticle 3 - FRESH MARKET CUCUMBERS
A - MARKETING ORDER NO. 3 FOR SOUTH CAROLINA FRESH MARKET CUCUMBERS
Section 5-62 - Marketing Order Purposes

Universal Citation: SC Code Regs 5-62

Current through Register Vol. 48, No. 9, September 27, 2024

Price Posting.

a. The Board with the assistance of the Commission and subject to the provisions of the Act, is hereby authorized to establish a price posting committee, hereafter called the Committee, composed of three or more members of the Board. The Board and Committee is authorized to select as council a representative from the Agricultural Economics Department of Clemson University, The South Carolina Department of Agriculture, a handler representative, and such other council as deemed necessary or desirable.

b. Whenever the Board deems it advisable, shipments of cucumbers shall be regulated by requiring that cucumbers be quoted, offered for sale, and sold only at prices filed with the Board by such handlers. To this end the Board may activate the committee for the purpose of considering all available information concerning market conditions, demand, available supply, projected volume as determined by the Information Filter Center and other sources, and any other information necessary, and may specify price posting regulations and provisions.

c. The Board shall have, but shall not be limited to, the following price posting authority:

1. Price Posting by Handlers:
a. To require each handler, after the regulation becomes effective and before making a sale of cucumbers thereafter, to file at the office of the Board a complete schedule of prices at which each handler will quote, offer for sale, or sell cucumbers during the regulated period. Such schedule shall include selling price, discounts, rebates, allowance, and all other terms and conditions of sale for each variety, grade, size, and type of pack. Upon receipt of such price terms the Board or its representative shall affix the date and time of filing, the date and time it is to become effective, and post a copy of the document in the office of the Board. The Board shall furnish to each handler filing a report full information concerning any price terms, or revisions (as later provided for) filed by any other handler. Said information will also be furnished to any bona fide producer of cucumbers in the State of South Carolina upon request providing that the producer bears the cost incidental to such furnishing.
(1) The period of regulation shall be determined by the Committee. Such period shall be terminated or extended by the Committee.

(2) In the event that a handler desires to quote, offer for sale, or sell cucumbers during any regulation period at prices other than those posted, he may file with the Board a revision thereof. Each such revision, unless withdrawn, shall become effective at the end of two hours or at the end of such period set by the Committee and being not less than two hours or more than 24 hours. All other handlers must be notified at the earliest possible time of the filing of such revisions. Any handler, upon receiving such notification, may revise his price terms to conform to the provisions filed by the revising handler and such revision shall become effective as of date and time that the revising handlers revision is effective. The Board and/or the Committee may at any time prescribe rules and regulations relating to the filing of price terms and revisions thereof, and prescribe standard forms for such use.

(3) During any price posting regulation period no handler shall quote, offer for sale, or sell cucumbers at prices other than those posted with the Board.

(4) Notwithstanding the requirements for price posting contained in subsection (3) directly above, cucumbers may be sold at auction or on consignment at prices other than those posted by handlers of cucumbers. Handlers intending to offer cucumbers for sale by consignment at prices other than those posted by handlers of cucumbers. Handlers intending to offer cucumbers for sale by consignment or by auction on any given day of the harvesting and marketing period shall do so only after filing satisfactory notice of such intent with the producer and with the Committee. Such satisfactory notice shall be made separately for each lot of cucumbers to be offered for sale by auction or consignment and must be made according to such rules and regulations as shall be duly published by the Board.

(5) Market diversion and surplus disposal rules and regulations may be established by the Board relating to the handling of small quantities in distress condition. Such determinations are the responsibility of the Committee.

2. Price Posting by the Board.
a. To establish uniform price terms for South Carolina cucumbers by grade, size, type of pack, variety and other criteria. The prices and terms of sale are to be posted by the Board and are applicable to all handlers for the duration of the price posting period as specified on the posting notice or until otherwise amended by the Committee.
(1) Market diversion and surplus disposal rules and regulations may be established by the Board relating to the handling of small quantities in distressed conditions. Such determinations are the responsibility of the Committee.

d. The Board shall require the execution of a satisfactory written contract produced by said affected producer. This written contract shall specify in detail the actions and requirements expected of both affected producers and handlers under this marketing order, including such rules and regulations as shall be duly adopted by the Commission and the Board as provided by the Act. A copy of each contract shall be retained by the producer, the handler, and the Board.

2. 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 cucumbers sold or offered for sale in the affected area. The grades permitted under the provisions of this section shall be those determined and specified for cucumbers 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 State Department of Agriculture, and other agencies as necessary to insure that the provisions of this section are fulfilled.

3. Packaging and Labeling.
a. The Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to require that all cucumbers sold or offered for sale within the affected area be packaged in suitable containers, which containers shall be labeled, marked, stamped, or branded as to variety and grade of cucumbers therein packed, and the name and address of the producer or the packer of the cucumbers.

b. The Board shall specify the kind, types, sizes, and capacities of containers in which cucumbers may be packed or sold in the affected area, including materials and other construction details permitted. Such specifications shall be made public at least sixty (60) days prior to the marketing season during which they shall be in effect. The Board shall cause notice to be made of these requirements to all known producers, packers, and distributors of cucumbers who may be affected by such requirements for packaging and labeling contained in this section.

c. The provisions of this marketing order shall not be construed as affecting or restricting in any way the quality of cucumbers which may be sold or offered for sale within the affected area provided that the requirements for grading, packaging, and labeling are met.

4. 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 cucumbers in domestic and foreign markets for the purpose of maintaining existing markets or creating new and/or larger markets for cucumbers grown in the State of South Carolina.

b. Programs and plans adopted by the Board under this marketing order shall be directed towards the advertising and promotion of cucumbers 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 cucumbers.

5. 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 cucumbers 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.

6. Unfair Competition.
a. The Board, with the assistance of the Commission and subject to the provisions of the Act, is hereby authorized to hold hearings and to otherwise investigate and take necessary action to prevent unfair trade practices in the distribution and marketing of cucumbers produced in South Carolina.

b. The Commission with the advice of the Board shall make and issue rules and regulations as provided by Section 46-7-270(c) to correct any trade practice affecting the distribution or handling of South Carolina cucumbers which is found, after a hearing thereupon in which all interested persons are given an opportunity to be heard, unfair and detrimental to the effectuation of the declared purposes of the Act.

7. 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 or the Act.

8. Market Development Programs.
a. 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 cucumbers, or which will result in the expansion of existing markets. These activities may be carried out separately or in connection with research, educational, advertising, promotion, cooperatives or any other program available to the Board.

9. Educational Programs. 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 cucumbers which will complement and strengthen, but not duplicate or substitute for, the educational programs of the Clemson University Extension Service. 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 educational program related to cucumbers.

10. Cucumber Grade, Marketing, and Disposition.
a. The Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to make use of those provisions of the Act which allow the determining of grades of cucumbers which may be sold, regulating the period during which cucumbers may be marketed and the establishing of means for disposing of cucumbers other than marketable quantities; including the establishment of surplus or reserve pools.

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