reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 1 FOR SOUTH CAROLINA SOYBEANS › Section 5-11 - Assessments

Current through Register Vol. 48, No. 6, June 28, 2024
A. Rate--An annual assessment of one-half cent ($.005) per bushel shall be paid by producers and collected by the Commission with the assistance of the Board on commercial quantities of all soybeans produced within the State of South Carolina that are sold or stored under Commodity Credit Corporation Loan programs in or out of the State.
B. Collection--Assessments shall be collected from producers by the first buyer of the soybeans, and such first buyer shall deduct the full amount of assessment from the total monies due the producer and shall remit to the Commission on a monthly basis on or before the tenth (10th) day of the month immediately following such deductions.
C. A producer who by virtue of his activities or circumstances shall be within the meaning of the term "first buyer" or "handler," or who shall sell, ship, or otherwise dispose of soybeans to a buyer or other person or store soybeans outside the jurisdiction of Marketing Order No. 1, shall remit to the Commission the full amount of assessment due.
D. Payment of assessments on soybeans stored under Commodity Credit Corporation Loan programs shall be due and payable by the producer immediately upon completion of the loan. However, Commodity Credit Corporation, through the ASC offices, when requested by the producer, will deduct the amount of the assessment from the loan and forward to the Commission in the same manner as a "first buyer."
E. All buyers, handlers, processors, storage warehouse operators, and others affected shall be supplied by the Board with proper forms for making the necessary reports of collection of assessments. The name and address of each producer from whom soybeans were purchased, stored, or otherwise handled, including the total amount of assessment collected and the number of bushels or pounds of soybeans handled, stored, or processed must be reported to the Commission.
F. Exemptions--No assessments shall be collected on the following:
1. Soybeans of a producer's own production used by him on his own premises for seed, feed, or other personal consumption.
2. Soybeans donated or shipped for relief or charitable purposes.
3. Soybeans from producers marketing less than commercial quantities, being sales or marketing of soybeans with a value of one thousand dollars ($1,000) or less during the course of the most recently completed full market season.
4. Soybeans produced outside the boundaries of the State of South Carolina and either sold, stored, or handled in South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 1 FOR SOUTH CAROLINA SOYBEANS › Section 5-12 - Reports

Current through Register Vol. 48, No. 6, June 28, 2024
On and after the effective date of this Order, "first buyers," including handlers, processors, and distributors shall report not later than the tenth (10th) of each month to the Commission the total amount of soybeans handled and assessments deducted the prior month. This report will be made on the form provided by the Commission and the amount of soybeans reported as exempt shall be substantiated by completed form MO 1b certified by each exempted producer. If no soybeans are purchased or handled during any month, a report must be submitted showing that no assessments were collected. The reports made under this Marketing Order are confidential.
All records and reports pertaining to this Order must be kept by the "first buyers" and handlers for a period of three (3) years.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 1 FOR SOUTH CAROLINA SOYBEANS › Section 5-13 - Refunds

Current through Register Vol. 48, No. 6, June 28, 2024
Any producer may request a refund provided the request is made in writing and in the hands of the Commission within 30 days from date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided that the payment of the assessment was not the result of legal action brought against such producer.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 1 FOR SOUTH CAROLINA SOYBEANS › Section 5-14 - Authority

Current through Register Vol. 48, No. 6, June 28, 2024
The authority for the rules and regulations contained herein comes under Marketing Order No. 1 for South Carolina soybeans issued July 7, 1969, and re-issued June 19, 1972, and July 1, 1975, and the Agricultural Commodities Marketing Act of 1968.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-20 - Principal Place of Business

Current through Register Vol. 48, No. 6, June 28, 2024
The principal place of business of the South Carolina Soybean Board shall be its office at P. O. Box 667, Summerton, South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-21 - Officers and Their Duties

Current through Register Vol. 48, No. 6, June 28, 2024
1. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secretary-Treasurer, each of whom shall be a member of the Board.
A. The officers of the Board shall be elected annually at its first meeting after January 1st. Provided, however, that the officers elected at the Board's initial meeting shall serve until the Board's first meeting after January 1, 1971.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-22 - Employees and Their Duties

Current through Register Vol. 48, No. 6, June 28, 2024
1. The employees of the Board shall be a Manager, who shall also be the Assistant Secretary-Treasurer and such other employees as the Board may designate.
2. Subject to the general supervision and control of the Board, the duties of the Manager shall be as follows:
(1) To employ, have general supervision of and discharge all employees of the Board;
(2) be responsible for the publication of all notices the Board is required to give;
(3) assemble, compile, and analyze all information necessary in connection with the performance of the official duties of the Board;
(4) prepare all resolutions setting forth actions of the Board; and
(5) be responsible at all times for the proper administration of all policies and actions that the Board adopts and undertakes, and for the proper performance of all duties on behalf of the Board that the marketing order requires.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-24 - Committees

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Board may appoint, or empower the Chairman to appoint, from its members such subcommittees as it may deem necessary for the expeditious handling of the affairs of the Board and may assign to standing committees such ministerial duties as the Board may deem proper and to special committees such specific matters as needs to be investigated and a report thereon made to the Board. Special committees shall cease to exist upon completion of their assignment.
Neither a standing nor a special committee nor any member thereof shall have the authority to commit the Board unless such authority has been duly delegated by the Board. The compensation for members of the committees shall be the regular per diem, expenses and mileage provided for the Board. In the absence of the Assistant Secretary-Treasurer, the Chairman of each such committee shall arrange for the preparation and shall authenticate the minutes of the meetings of the subcommittee.
2. An executive committee consisting of not more than four (4) members shall be appointed by the Chairman as a standing committee to assist the Chairman and the Manager with administration of the program.
3. The Chairman, upon approval of the Board and the Agriculture Commission, may appoint advisory committees composed of representatives of the soybean industry and agricultural agencies to advise the Board on special projects, matters, or procedure.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-25 - Fidelity Bonds

Current through Register Vol. 48, No. 6, June 28, 2024
All officers and employees of the Board who handle funds belonging to or under the control of the Board shall be placed under a Fidelity Bond issued by a company authorized to do business in the State of South Carolina in an amount to be fixed by the Commission and the Board and the premium on such bond or bonds shall be paid by the Board.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-26 - Procedures and Transaction of Business

Current through Register Vol. 48, No. 6, June 28, 2024
The Board, when in session, shall be governed in its deliberations in the transaction of its business by the rulings and regulations herein provided, and by the provisions of Marketing Order No. 1 and the Agricultural Commodities Marketing Act of 1968. Any matter of procedure not covered by these rules and regulations shall be governed by "Robert's Rules of Order". No person, not a member of the Board, shall be entitled to participate in the deliberations and proceedings of the Board or speak upon any subject before the Board except with the consent of the presiding officer.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-27 - Powers of the Board

Current through Register Vol. 48, No. 6, June 28, 2024
Any officer, agent, or employee appointed, elected, or employed by the Board shall be subject to removal or suspension by the Board at any time. No officer, member, employee or agent of the Board shall have the authority to commit the Board unless such authority has been duly delegated. Each and every order, regulation, decision, or act of any such officer, member, employee or agent shall be subject to the continuing right of the Board to disapprove of the same, and upon disapproval by the Board shall be deemed null and void to such extent as the Board may determine.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-28 - Compensation and Expense of Board Members

Current through Register Vol. 48, No. 6, June 28, 2024
1. The members of the Board shall be reimbursed for expenses necessarily incurred by them in the performance of their duties and shall receive per diem at the rate of $15 per day, or portion thereof. Subsistence expense incurred shall be allowed at a rate not to exceed $15 a day.
2. It shall be the responsibility of each person filing a claim to submit it promptly and in such itemized detail as to give a reasonable explanation of the various expenses incurred. Expense vouchers will be supplied by the office of the Board in such form as to simplify filling out by the member in such detail. Each claim shall be filed with the office of the Board within 30 days following the date on which expenses are incurred. Reimbursable expenses include the following:
(1) Automobile mileage at the rate of nine (9) cents per mile traveled to and from Board meetings or on Board business or the transportation charges of a common carrier.
(2) Taxi fares, streetcar and bus fares incidental to transportation but excluding gasoline, oil, automotive repairs or service.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 1 - SOYBEANS › C - BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD › Section 5-29 - Amendments

Current through Register Vol. 48, No. 6, June 28, 2024
The Board may amend these By-Laws at any meeting of the Board in accordance with the prescribed voting procedure. However, at least five days' notice shall be given to all members of the Board that such amendment will be considered.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › A - MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-30 - Definition of Terms

Current through Register Vol. 48, No. 6, June 28, 2024
Terms used in this marketing order shall be as defined in the Act and as follows:
a. "Act" means the South Carolina Agricultural Commodities Marketing Act of 1968 (R1363, H2681).
b. "Affected area" means and includes the entire area of the State of South Carolina.
c. "Board" means the South Carolina Sweet Potato Board established pursuant to the provisions of $ 46-17-190 and 5-31 of this Marketing Order.
d. "Bushel", "Unit", and "Affected Unit" are synonymous and mean and include one (1) Standard S. C. Bushel of Sweet Potatoes; being 50 pounds by weight.
e. "Commission" means the Agriculture Commission of South Carolina.
f. "Marketing season" means the twelve (12) month fiscal year beginning upon the first day of January of any year and ending upon the last day of December, both dates inclusive.
g. "Producer" or "Affected Producer" includes any individual or organization engaged in the business of producing or marketing sweet potatoes in South Carolina for sale within and without the State. In addition, the provisions of this Order related to containers for sweet potatoes, labeling of such containers, grading, selling, and marketing shall be applicable to all sweet potatoes sold in this State without regard to the geographic area of production.
h. "Sale" or "Sold" means a transaction wherein the property in or to sweet potatoes is transferred from the producer to a purchaser for consideration. "Sale" or "Sold" shall also include an agreement to acquire such sweet potatoes for a consideration.
i. "Sweet potatoes" means and includes all kinds and varieties of green and cured sweet potatoes grown in the affected area, and all kinds and varieties of green and cured sweet potatoes marketed in the State of South Carolina regardless of the geographic area of production.
j. "Public Market Type Facility" means and includes any agricultural marketing facility where fruits and vegetables and/or any food items are offered for sale, sold, or distributed whether at wholesale or retail prices; and any wholesale or retail store, outlet, supermarket, manufacturing or similar establishment where items of food, goods, wares, merchandise, fruits, and vegetables are offered for sale, sold, or distributed.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › A - MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-32 - Marketing Order Purposes

Current through Register Vol. 48, No. 6, June 28, 2024
1. 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 sweet potatoes sold or offered for sale in the affected area, except those sweet potatoes sold for processing and those sold by the producer from his own production at retail on his own premises or from his own vehicle, each load not to exceed 30 bushels provided that this activity takes place at locations other than a public market type facility. The grades permitted under the provisions of this section shall be those determined and specified for sweet potatoes 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 Department of Agriculture, and other agencies as necessary to insure that the provisions of this section are fulfilled.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › A - MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-33 - Assessments and Assessment Funds

Current through Register Vol. 48, No. 6, June 28, 2024
1. Assessments Levied. On and after the effective date of this Marketing Order, there is hereby levied and there shall be collected by the Commission, as provided by Section 46-17-310, upon sweet potatoes produced or marketed in the affected area an annual assessment which shall be paid by the producer thereof upon each and every bushel of sweet potatoes sold, packed, processed, delivered for sale or packing by or for him, or stored or delivered for storage when such storage or delivery for storage shall be outside the boundaries of this State; provided, however, that no assessment shall be collected on the following:
a. Sweet potatoes of a producer's own production used by him on his own premises for personal consumption.
b. Sweet potatoes donated or shipped for relief or charitable purposes.
c. Sweet potatoes sold by producers marketing less than commercial quantities pursuant to Section 46-17-40(k); being sales or marketing of sweet potatoes with a value of one thousand ($1,000) dollars or less during the course of the most recently completed full season for the affected commodity. It shall be a duty of the Commission pursuant to Section 46-17-170(e) to make such determination as shall be necessary in order to verify the status of individual producers of less than commercial quantities of sweet potatoes.
d. Sweet potatoes sold by producers through roadside stands or other retail selling or marketing activity.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › A - MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-34 - Information Reports

Current through Register Vol. 48, No. 6, June 28, 2024
All persons subject to the provisions of this Marketing Order shall make and render such reports and furnish such information to the Board as may be necessary or required under the Act or this Marketing Order to effectuate the purposes thereof. Any information obtained by any person pursuant to the provisions of this regulation shall be confidential and may not be disclosed to any other person save to a person with like right to obtain the same or any attorney employed by the Board to give legal advice thereon or by court order.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › A - MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-35 - Continuance

Current through Register Vol. 48, No. 6, June 28, 2024
Prior to the completion of each three (3) calendar years from the effective date of this Marketing Order, or the completion of three (3) complete sweet potato marketing seasons, whichever shall be the longer period, the Commission shall re-submit this Order to a referendum of affected producers and shall require that said affected producers re-assent to the continuance of the Order for an additional and similar period according to the requirements for initial assent pursuant to Section 46-17-140. In the event that the required assent is not given by the affected producers, this Order shall be declared to be terminated.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › A - MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-36 - Effective Time

Current through Register Vol. 48, No. 6, June 28, 2024
The effective date of Marketing Order No. 2 shall be December 1, 1969.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-40 - Administration

Current through Register Vol. 48, No. 6, June 28, 2024
This Order shall be administered by the South Carolina Sweet Potato Board composed of seven (7) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee(s) or agent(s) as it deems advisable. The Board's major decisions are subject to the approval of the Agriculture Commission of South Carolina
The temporary headquarters of the Board is State Farmers Market, Columbia, South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-41 - Assessments

Current through Register Vol. 48, No. 6, June 28, 2024
A. Rate--An annual assessment of five cents per bushel shall be paid by producers and collected by the Commission with the assistance of the Board on commercial quantities of all fresh and cured sweet potatoes produced within the State of South Carolina that are sold and two cents per hundred pounds shall be paid by producers and collected by the Commission on commercial quantities of sweet potatoes produced within the State of South Carolina and sold for processing.
B. Collection--Assessments shall be collected from producers by the first buyer of the sweet potatoes, and such first buyer shall deduct the full amount of assessment from the total monies due the producer and shall remit to the Commission on a monthly basis on or before the last business day of the month immediately succeeding the month of collection.
C. A producer who by virtue of his activities or circumstances shall be within the meaning of the term "first buyer" or "handler," or who shall sell, ship, or otherwise dispose of sweet potatoes to a buyer or other person or store sweet potatoes outside the jurisdiction of Marketing Order No. 2, shall remit to the Commission the full amount of assessment due.
D. To collect such assessments on fresh or cured sweet potatoes, the Commission and/or the Board may issue "South Carolina Sweet Potato Marketing Stamps" and require that these be fixed or attached to the containers, invoices, receipts, inspection certificates or tickets, such stamps shall be cancelled immediately upon being attached.
E. All buyers, handlers, processors, storage warehouse operators, and others affected shall be supplied by the Commission and/or the Board with proper forms for making the necessary reports of collection of assessments. The name and address of each producer from whom sweet potatoes were purchased, stored, or otherwise handled, including the total amount of assessment collected and the number of bushels or pounds of sweet potatoes handled, stored or processed must be reported to the Commission.
F. Exemptions--No assessments shall be collected on the following:
1. Sweet potatoes of a producer's own production used by him on his own premises for seed or personal consumption.
2. Sweet potatoes donated or shipped for relief or charitable purposes.
3. Sweet potatoes from producers marketing less than commercial quantities, being sales or marketing of sweet potatoes with a value of one thousand dollars ($1,000) or less during the course of the most recently completed full market season.
4. [Deleted]
5. Sweet potatoes sold by producers from his own production through roadside stands or other retail selling.
6. Sweet potatoes sold for seed purposes only.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-42 - Reports

Current through Register Vol. 48, No. 6, June 28, 2024
A. On and after the effective date of this Order, "first buyers," including handlers, processors, and distributors shall report not later than the last regular business day of the month immediately succeeding the month of collection to the Commission the total amount of sweet potatoes handled and assessments deducted the prior month along with the name and address of the producer from whom the sweet potatoes were purchased or handled. These reports are confidential.
B. All records and reports pertaining to this Order must be kept by the "first buyers" and handlers for a period of three (3) years.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-43 - Refunds

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any producer may request a refund provided the request is made in writing and in the hands of the Commission within 30 days from the date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided that the payment of the assessment was not the result of legal action brought against such producer.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-44 - Packaging and Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
A. Packaging and labeling (section 2 of 5-32) requirements shall be effective February 1, 1970.
B. Only the following containers shall be allowed for marketing sweet potatoes in South Carolina: (1) Bushel baskets, (2) Du-All cartons, (3) Corrugated pasteboard cartons. All cartons must have a top thereon.
C. All containers moving into commercial channels shall be labeled and said label shall be made with ink and placed on side of said container and shall include the following information: name and address of packer, grade, net weight and variety.
D. Exempted from the above requirements are sweet potatoes sold exclusively for processing.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-45 - Uniform Grading

Current through Register Vol. 48, No. 6, June 28, 2024
A. Effective February 1, 1970, only the following grades of sweet potatoes shall be permitted to be sold in South Carolina:
(1) U.S. No. 1,
(2) U. S. No. 2,
(3) Jumbo,
(4) Commercial and
(5) Field Pack.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES › Section 5-46 - Authority

Current through Register Vol. 48, No. 6, June 28, 2024
A. The authority for the rules and regulations contained herein comes under Marketing Order No. 2 for South Carolina sweet potatoes issued November 10, 1969, and the Agricultural Commodities Marketing Act of 1968.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-50 - Principal Place of Business

Current through Register Vol. 48, No. 6, June 28, 2024
The principal place of business of the South Carolina Sweet Potato Board shall be its temporary office at the State Farmers Market, Columbia, South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-51 - Officers and Their Duties

Current through Register Vol. 48, No. 6, June 28, 2024
1. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secretary-Treasurer, each of whom shall be a member of the Board.
A. The officers of the Board shall be elected annually at its first meeting after July 1st. Provided, however, that the officers elected at the Board's initial meeting shall serve until the Board's first meeting after July 1st, 1971.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-52 - Employees and Their Duties

Current through Register Vol. 48, No. 6, June 28, 2024
1. The employees of the Board shall be a Manager, either a part-time or full-time, who shall also be the Assistant Secretary-Treasurer and such other employees or agents as the Board may designate.
2. The duties of the Manager shall be as follows:
(1) To employ, have general supervision of and discharge all other employees of the Board;
(2) Be responsible for the publication of all notices the Board is required to give;
(3) Assemble, compile, and analyze all information necessary in connection with the performance of the official duties of the Board;
(4) Prepare all resolutions setting forth actions of the Board; and
(5) Be responsible at all times for the proper administration of all policies and actions that the Board adopts and undertakes, and for the proper performance of all duties on behalf of the Board that the Marketing Order requires.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-53 - Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
1. Regular meetings of the Board shall be held at least quarterly at the offices of the Board, unless otherwise ordered by the Board or the Chairman.
2. Special meetings of the Board may be held whenever called by the Chairman, or by the Vice-Chairman acting as Chairman, or by four or more members of the Board, and any and all business coming before the Board may be transacted at such special meetings.
3. Notices of all meetings, together with a written agenda, shall be mailed to each member of the Board to his known post office address, and, except in cases of emergency determined within the discretion of the Chairman, every such notice shall be mailed in time to be received by him at least five days prior to such meeting. In case of an emergency as much advance notice as is practicable shall be given by telephone or telegraph. The secretary of the Agriculture Commission or his designated agent, shall be given the same notice as that given to members.
4. The regular order of business of the Board, unless otherwise approved by the Chairman, shall be as follows:
a. Roll call
b. Approval of minutes of previous meeting
c. Action on matters on written agenda
d. New business
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-54 - Committees

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Board may appoint, or empower the Chairman to appoint, from its members such committees as it may deem necessary for the expeditious handling of the affairs of the Board and may assign to standing committees such ministerial duties as the Board may deem proper and to special committees such specific matters as needs to be investigated and a report thereon made to the Board. Special committees shall cease to exist upon completion of their assignment. Neither a standing nor a special committee nor any member thereof shall have the authority to commit the Board unless such authority has been duly delegated by the Board. The compensation for members of the committees shall be the regular per diem, expenses and mileage provided for the Board. In the absence of the Assistant Secretary-Treasurer, the Chairman of each such committee shall arrange for the preparation and shall authenticate to the minutes of the meetings of the committee.
2. An executive committee consisting of not more than four (4) members shall be appointed by the Chairman as a standing committee to assist the Chairman and the Manager with administration of the program.
3. The Chairman, upon approval of the Board and the Agriculture Commission, may appoint advisory committees composed of representatives of the Sweet Potato industry and agricultural agencies to advise the Board on special projects, matters, or procedure.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-55 - Fidelity Bonds

Current through Register Vol. 48, No. 6, June 28, 2024
All officers and employees of the Board who approve items for payment shall be placed under a Fidelity Bond issued by a company authorized to do business in the State of South Carolina in an amount to be fixed by the Commission and the Board and the premium on such bond or bonds shall be paid by the Board.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-56 - Procedures and Transaction of Business

Current through Register Vol. 48, No. 6, June 28, 2024
The Board, when in session, shall be governed in its deliberations in the transaction of its business by the rules and regulations herein provided, and by the provisions of Marketing Order No. 2 and the Agricultural Commodities Marketing Act of 1968. Any matter of procedure not covered by these rules and regulations shall be governed by "Robert's Rules of Order." No person, not a member of the Board, shall be entitled to participate in the deliberations and proceedings of the Board or speak upon any subject before the Board except with the consent of the presiding officer.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-57 - Powers of the Board

Current through Register Vol. 48, No. 6, June 28, 2024
Any officer, agent, or employee appointed, elected, or employed by the Board shall be subject to removal or suspension by the Board at any time. No officer, member, employee or agent of the Board shall have the authority to commit the Board unless such authority has been duly delegated. Each and every order, regulation, decision, or act of any such officer, member, employee or agent shall be subject to the continuing right of the Board to disapprove of the same, and upon disapproval by the Board shall be deemed null and void to such extent as the Board may determine.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-58 - Compensation and Expense of Board Members

Current through Register Vol. 48, No. 6, June 28, 2024
1. The members of the Board shall be reimbursed for expenses necessarily incurred by them in the performance of their duties and shall receive per diem at the rate of $15 a day.
2. It shall be the responsibility of each person filing a claim to submit it promptly and in such itemized detail as to give a reasonable explanation of the various expenses incurred. Expense vouchers will be supplied by the State in such form as to simplify filling out by the member in such detail. Each claim shall be filed with the office of the Board within 30 days following the date on which expenses are incurred. Reimbursable expenses include the following:
(a) Automobile mileage at the rate of (9) cents per mile traveled to and from Board meetings or on Board business or the transportation charges of a common carrier.
(b) Taxi fares, streetcar and bus fares incidental to transportation but excluding gasoline, oil, automotive repairs or service.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 2 - SWEET POTATOES › C - BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD › Section 5-59 - Amendments

Current through Register Vol. 48, No. 6, June 28, 2024
The Board may amend these By-Laws at any meeting of the Board in accordance with the prescribed voting procedure. However, at least five days' notice shall be given to all members of the Board that such amendment will be considered.
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 5-60 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Definition of Terms. Terms used in this marketing order shall be as defined in the Act and as follows:
a. "Act" means the South Carolina Agricultural Commodities Marketing Act of 1968 (R1363, H2681).
b. "Affected area" means and includes the entire area of the State of South Carolina.
c. "Board" means the South Carolina Cucumber Board established pursuant to the provisions of Sections 46-17-190 and 5-61 of this marketing order.
d. "Bushel," "Unit," and "Affected Unit" are synonymous and mean and include one (1) standard South Carolina bushel of cucumbers; being 48 pounds by weight of cucumbers.
e. "Commission" means the Agriculture Commission of South Carolina.
f. "Cucumbers" means and includes all kinds and varieties of cucumbers grown in the affected area and sold for human consumption as fresh cucumbers; and all kinds and varieties of fresh market cucumbers marketed in the State of South Carolina regardless of the geographic area of production. This definition of the term "cucumbers" specifically includes those cucumbers sold or marketed as fresh market slicing cucumbers and specifically does not include those cucumbers sold or marketed as pickling cucumbers as these two terms are understood in the trade.
g. "Marketing season" means the twelve (12) month fiscal year beginning upon the first day of March of any year and ending upon the last day of February, both dates inclusive.
h. "Producer" or "affected producer" includes any individual or organization engaged in the business of producing cucumbers in South Carolina for sale in commercial quantities as fresh market cucumbers. In addition, the provisions of this Order related to containers for cucumbers, labeling of such containers, grading, selling, and marketing shall be applicable to all fresh market cucumbers sold in this state without regard to the geographic area of production.
i. "Sale" or "sold" means a transaction wherein the property in or to cucumbers is transferred from the producer to a purchaser for consideration.
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 5-63 - Assessments and Assessment Funds

Current through Register Vol. 48, No. 6, June 28, 2024
1. Assessments Levied. On and after the effective date of this marketing order, there is hereby levied and there shall be collected by the Commission, as provided in Section 46-17-310, upon cucumbers produced in the affected area an annual assessment which shall be paid by the producer thereof upon each and every bushel of cucumbers sold, packed, processed, or stored or delivered for storage when such storage or delivery for storage shall be outside the boundaries of this State; provided, however, that no assessment shall be collected on the following:
a. Cucumbers of a producer's own production used by him on his own premises for personal consumption.
b. Cucumbers donated or shipped for relief or charitable purposes.
c. Cucumbers sold by producers marketing less than commercial quantities pursuant to Section 46-17-40(k); being sale or marketing of cucumbers with a value of one thousand dollars ($1,000) or less during the course of the most recently completed full season for the affected commodity. It shall be a duty of the Commission pursuant to Section 46-17-170(e) to make such determination as shall be necessary in order to certify the status of individual producers of less than commercial quantities of cucumbers.
d. Cucumbers sold by producers through roadside stands or any other retail selling or marketing activity.
e. Cucumbers sold by producers for purposes other than fresh market uses. Cucumbers sold as pickling cucumbers are specifically exempted from this order.
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 5-64 - Information Reports

Current through Register Vol. 48, No. 6, June 28, 2024
Information Reports. All persons subject to the provisions of this marketing order shall make and render such reports and furnish such information to the Board as may be necessary or required under the Act or this marketing order to effectuate the purposes thereof. Any information obtained by any persons pursuant to the provisions of this regulation shall be confidential and may not be disclosed to any other person save to a person with like right to obtain the same of any attorney employed by the Board to give legal advice thereon or by court order.
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 5-65 - Continuance

Current through Register Vol. 48, No. 6, June 28, 2024
Continuance. Prior to the completion of each five (5) calendar years from the effective date of this Order, the Commission shall resubmit this order to a referendum of affected producers and shall require that said affected producers reassent to the continuance of the order for an additional and similar period according to the requirements for initial assent pursuant to Section 46-17-140. In the event that the required assent is not given by the affected producers, this Order shall be declared to be terminated.
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 5-66 - Effective Time

Current through Register Vol. 48, No. 6, June 28, 2024
The effective date of Marketing Order No. 3 shall be March 10, 1966.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 3 - FRESH MARKET CUCUMBERS › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 3 FOR SOUTH CAROLINA CUCUMBERS › Section 5-70 - Administration

Current through Register Vol. 48, No. 6, June 28, 2024
Administrative policy for this Order is the responsibility of the South Carolina Cucumber Board composed of seven (7) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee(s) or agent(s) as it deems advisable. The Board's major decisions are subject to the approval of the Agriculture Commission of South Carolina.
The headquarters of the Board is P. O. Box 4479, Burton, South Carolina 29902.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 3 - FRESH MARKET CUCUMBERS › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 3 FOR SOUTH CAROLINA CUCUMBERS › Section 5-71 - Assessments

Current through Register Vol. 48, No. 6, June 28, 2024
A. Rate--an annual assessment of four (4) cents per unit be levied on all fresh market cucumbers produced in South Carolina.
B. Collections--"Handlers" shall deduct the assessment from the total monies due the producer and shall remit to the Commission on a weekly basis on or before the last business day of the week immediately succeeding the week of collection.
C. "Producer--Handlers" shall remit to the Commission in a manner similar to B.
D. Remittance shall be made on a form supplied by the Commission and shall include the name of each producer assessed, the amount of his volume, and the total assessment withheld. A statement of individual remittance shall be supplied by the handler to the producer from whom assessment was withheld upon request of the producer.
E. Exemptions, as specified in the Act and Order, must be certified by the claiming producer on a form supplied by the Commission. Handlers must retain such certification as evidence in event of audit. The handler shall report on the form (required in Section D above) all sales which he has made including those for growers claiming exemption, however, he will place the letter "E" in the amount withheld column.
F. All reports required herein are confidential.
G. All records and reports pertaining to assessment must be retained by handlers for a period of three years.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 1 - AGRICULTURAL COMMODITIES MARKETING ACT › Subarticle 3 - FRESH MARKET CUCUMBERS › B - ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 3 FOR SOUTH CAROLINA CUCUMBERS › Section 5-72 - Contracts

Current through Register Vol. 48, No. 6, June 28, 2024
It will be deemed a violation of the provisions of the Order for a person, firm, or business entity to act in the capacity of "handler" of Fresh Market Cucumbers grown in South Carolina without first having negotiated a contract with each and every producer of South Carolina Fresh Market Cucumbers for whom he so acts. The contract is to be drawn on a form to be supplied by the Board and must be signed by both the grower and handler. It must be in triplicate with one copy forwarded by the handler to the office of the Board, one copy issued to the producer, and one retained by the handler. In the contract, the "handler" must agree to abide by all provisions of the Marketing Order No. 3 for South Carolina Cucumbers and any rules and regulations relating thereto that may be adopted by the Board. Other provisions of the contract including charges and considerations for services rendered are to be included. The duration of the contract must be stated, and if it is "open end" or can be terminated by either the "handler" or "producer" upon certain notification and time lapse or any other condition, such procedure must be clearly indicated.