Current through Register Vol. 48, No. 3, March 22, 2024
This marketing order shall be for the purpose of establishing a "check off" program of producer assessments to finance activities including advertising, sales promotion, research, investigation of unfair competition, cooperation with other agencies, market development and educational programs as authorized by Section 46-17-290 and described within this regulation.
1. 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 pork and pork products in domestic and foreign markets for the purpose of maintaining existing markets or creating new and/or larger markets for pork produced 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 pork and pork 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 pork 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 swine produced in South Carolina including cooperation of all kinds with any agency or groups in efforts to increase consumption and utilization of pork and pork products 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 the Act and this marketing order, and may cooperate with state or national swine or pork associations or 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 pork 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 pork and pork products without reference to any particular individual, brand, 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 pork.
2. 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 swine, pork, and pork products and to expend monies for such purposes.
b. The advice of the Director of the State Agricultural Experiment Station and the South Carolina Swine Producers Association shall be sought by the Board in the development of research proposals. Insofar as practicable, such research shall be carried out by the State Agricultural Experiment Station.
c. Such research and survey studies may include, but shall not necessarily be limited to the following:
(1) Production problems, including nutrition, management and the like.
(2) Improving the techniques and methods for testing swine for hog cholera and other diseases of swine.
(3) Investigating transportation rates, handling costs, routes, media and other aspects of moving swine or pork in trade channels. If the Board after such investigations finds transportation service, rates, costs, or other factors to be restricting the free flow of swine or pork 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.
(4) Conduct market research investigations to improve the marketing of swine or pork at any state 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 information relating to swine, pork, and pork products, 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 swine.
3. 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 South Carolina produced swine, pork, or pork 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.
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. Such cooperation may include, but is not necessarily limited to the following:
a. Coordination and cooperation with associations of producers and others 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.
b. Coordination of purposes with other boards, commissions, associations, 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 pork producers of South Carolina and is pursuant to the Act.
5. 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 pork and pork 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:
a. Preparation and dissemination of marketing information to include supply information, demand information, quality characteristics, and other facts concerning South Carolina swine, pork, and pork products.
b. Sending representatives, groups, and individuals to visit markets and potential markets for pork and pork products, both domestic and foreign, for the purpose of providing information related to South Carolina pork and pork products.
c. Participating in trade fairs, exhibitions, and other such activities for the purpose of developing markets for pork and pork products.
6. 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 swine, pork, and pork products which will complement and strengthen, but not duplicate or substitute for, the educational programs of the Clemson University Extension 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 educational program under this marketing order.
