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

Current through Register Vol. 48, No. 6, June 28, 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.