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Statutory Authority: 1976 Code Sections 23-39-90, 39-9-70, 39-9-80, 39-9-160, 39-11-20, 39-21-40, 39-27-60, 39-29-80, 39-31-100, 39-33-1230, 39-37-120, 39-39-40, 39-39-160, 39-41-80, 39-41-150, 46-15-20, 46-15-30, 46-21-20, 46-23-50 and 46-27-60; Chapters 11 and 25 of Title 39; Chapters 17, 19 (Article 5), 23 and 41 of Title 46; and Chapter 11 (Article 5) of Title 47

A. MARKETING ORDER NO. 1 FOR SOUTH CAROLINA SOYBEANS

5-1. Definition of Terms.

Terms used in this Marketing Order shall be as defined in the Act with the following additions:

a. "Act" means the South Carolina Agricultural Commodities Marketing Act of 1968 and as amended in 1970.

b. "Affected area" and "production area" are synonymous and mean the entire area of South Carolina.

c. "Board" means the South Carolina Soybean Board established pursuant to the provisions of Section 46-17-190 and 5-2 of this Marketing Order.

d. "Bushel," "Unit," and "Affected unit" are synonymous and mean and include one (1) standard U. S. bushel of 60 pounds by weight of soybeans.

e. "Commission" means the Agriculture Commission of South Carolina.

f. "District" means the geographical divisions of the area of soybean production established pursuant to the provisions of 5-2 of this Marketing Order.

g. "First buyer" means the person to whom soybeans are sold by the affected producer of said soybeans.

h. "Marketing season" means the twelve month fiscal year beginning upon the first day of July of any year and ending upon the last day of June, both dates inclusive.

i. "Producer" means any individual or organization of individuals engaged in the business of producing or causing to be produced in South Carolina soybeans for market in commercial quantities as defined in Section 1, paragraph L of this regulation.

j. "Sale" or "Sold" means a transaction wherein the property in or to soybeans is transferred from the producer to a purchaser for consideration. "Sale" or "Sold" shall also include an agreement to acquire such soybeans for a consideration.

k. "Soybeans" means and includes all kinds and varieties of soybeans grown in the State of South Carolina and marketed or sold as beans by the producer.

l. "Commercial quantities" means the sale or marketing of soybeans with a value of $1,000 or more by affected producers during the course of the most recently completed full marketing season.

5-2. South Carolina Soybean Board.

1. Establishment and Membership. A Soybean Board is hereby established with such powers and duties as are authorized by the Act and by subsection 9 of this section. The Board shall be composed of twelve (12) members elected by districts as provided in subsection 2 of this section, and an ex-officio member as specified by the Act.

2. Representative Districts. For the purpose of nomination and selection of producer members of the Board, the affected area shall be divided into five (5) representative districts as follows:

a. "District Number 1" shall be and include the counties of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, York, Lancaster, Abbeville, Laurens, Union, Chester, McCormick, Greenwood, Newberry, Saluda, and Fairfield.

b. "District Number 2" shall be and include the counties of Edgefield, Aiken, Barnwell, Hampton, Allendale, Bamberg, Orangeburg, Calhoun, Richland, and Lexington.

c. "District Number 3" shall be and include the counties of Chesterfield, Marlboro, Dillon, Florence, Darlington, Clarendon, Sumter, Lee, and Kershaw.

d. "District Number 4" shall be and include the counties of Williamsburg, Georgetown, Marion, and Horry.

e. "District Number 5" shall be and include the counties of Jasper, Beaufort, Colleton, Dorchester, Berkeley, and Charleston.

3. Membership.

a. Producer members of the Board shall be elected from each district as follows:

1) One of the producer members, being position number 1, shall be elected from District Number 1.

2) Four of the producer members, being positions number 2, 3, 4, and 5, shall be elected from District Number 2.

3) Four of the producer members being positions number 6, 7, 8, and 9, shall be elected from District Number 3.

4) Two of the producer members, being positions number 10 and 11, shall be elected from District Number 4.

5) One of the producer members, being position number 12, shall be elected from District Number 5.

b. One ex-officio member, being position number 13, shall be appointed by the Commission as specified by Section 46-17-190. This ex-officio member shall be without vote in the actions of the Board.

4. Membership Qualifications. Board members shall be citizens and residents of the State of South Carolina, over the age of twenty-five (25) years. Producer members shall have been actually engaged in producing soybeans within this State for a period of five years and have during this period derived a substantial portion of their individual incomes therefrom. Producer members of the Board shall be active producers of soybeans in the district in and for which they are nominated and elected. The qualifications of producer members as set forth herein must continue during their term of office. The ex-officio member so designated by the Commission shall be either a soybean producer, a person active in or interested in matters related to soybeans, or a person not so related.

5. Term of Office; Initial Board. The term of office of the elected producer members shall be three (3) years from the date of their election and until their successors are elected and qualified. The initial members of the Board shall serve from the effective date of this Marketing Order in terms of office terminating as follows: Positions 1, 2, 6 and 10 shall terminate on December 31 nearest to three (3) years from the effective date of this Marketing Order; positions 3, 4, 7 and 11 shall terminate on December 31 nearest to two (2) years from the effective date of this Marketing Order; and positions 5, 8, 9 and 12 shall terminate on December 31 nearest to one year from the date of this Marketing Order. The term of office for the ex-officio member, being position Number 13, shall terminate three (3) years from the effective date of this Marketing Order.

6. Nomination and Election of Board Members.

a. Not earlier than September 20 and not later than October 1 of each year, the Commission shall give notice by mail to all producers, in a district wherein a vacancy will occur in the Board, of such vacancy or such vacancies and call for nominations. Nominations of candidates for election shall be oral and shall follow such order and procedures as are specified by the Commission with the advice of the Board. The notice of such vacancies shall specify the date and time for a separate nominating meeting of affected producers in each required district at which meeting oral nominating petitions shall be accepted by the Commission. Each oral nomination shall be seconded by no less than five (5) qualified producers, which seconding action shall be indicated by standing as the nomination is placed. Said nominating meetings shall be completed in each required district no later than October 15 of each year. Nominations may also be made within five (5) days after such meeting by written petition filed with the Commission and signed by not less than five (5) affected producers entitled to participate in such a meeting.

b. Notice of every nominating meeting shall be published in a newspaper of general circulation within each district in which a vacancy shall occur not less than ten (10) days in advance of the date of such meeting. Written notice of every such meeting shall be posted on a public bulletin board as provided bySection 46-17-80.

c. Producer members shall be elected by secret mailed ballot to fill such vacancies as shall occur annually in the Board. Ballots shall be distributed to affected producers of record by mail no earlier than October 25 and no later than November 1 of each year. Each affected producer shall be entitled to one (1) vote. Provisions shall be made by the Commission with the advice of the Board to provide ballots to any qualified producer whose name does not appear on the list of producers maintained by the Commission pursuant to Section 46-17-170 and who requests such ballot by mail or in person. Adequate control of ballots shall be maintained by the Commission with the advice of the Board.

d. Ballots will be returned by affected producers no earlier than November 1 and no later than November 30 of each year. Ballots shall be returned to the Commission by mail to such address as may be determined by the Commission and which shall be clearly stated along with the voting period at the head of each ballot. Such mailed ballot shall be conducted in such a way and manner that it shall be a secret ballot in accordance with rules and regulations to be promulgated by the Commission. Newly elected and properly certified members of the Board shall take office on January 1 of each year. The Chairman of the Commission shall administer an appropriate oath of office to each member of the Board at such time and place as shall be proper.

e. With respect to the initial Board, the Commission shall call for and receive nominations at the issuance hearings required by Section 46-17-70.

7. Vacancies. To fill any producer vacancy on the Board occasioned by the failure to qualify of any person elected by the affected producers as a member of the Board, or in the event of the death, removal, resignation, or disqualification of any member, the remaining members shall select a person qualified for membership as provided by the Act and subsection 5 of this regulation for appointment by the Commission to fill the unexpired term. A qualified person shall be appointed by the Commission to fill the ex-officio membership to complete any unexpired term which occurs.

8. Powers and Duties of Board. The Board shall have the following powers and duties:

a. To administer, enforce, direct, and control the provisions of this Marketing Order as its administrative board pursuant to the authority contained in Section 46-17-270(f).

b. To elect a chairman and such other officers as it deems necessary; and to select and instruct subcommittees of Board members. The ex-officio member, being position Number 13, shall call the initial meeting and shall preside until a chairman is properly elected.

c. To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the Board and the enforcement of its duties under this Marketing Order.

d. To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising, promotional and research agencies, and other persons and firms that it may deem appropriate and pay compensation to the same according to the provisions of the Act.

e. To accept donations, gifts, and other property to be used for Board purposes.

f. To exercise the powers and authority conferred by law upon corporations.

g. To keep accurate records of all receipts and disbursements, which records shall be open to inspection and audit by the Commission and other legal agencies of the State, and to make annual reports therefrom to the Commission.

h. To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this Marketing Order during each fiscal year.

i. To assist the Commission in collecting the assessments of producers as provided in this Marketing Order and to expend the same in accordance with and to effectuate the purpose of the Act and this Marketing Order.

9. Procedure for Board.

a. The Board shall by resolution establish a headquarters which shall continue as such unless and until so changed by the Board, at which headquarters shall be kept the books, records, and minutes of the Board meetings.

b. The Board shall hold regular meetings at least quarterly, with the time and date thereof to be fixed by the resolution of the Board. Seven (7) of the voting members of the Board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the Board.

c. The Board may hold such special meetings as it may deem advisable and shall establish by resolution the time, place, and manner of calling such special meetings with reasonable notice to the members, provided, however, that the notice of any special meeting may be waived by a waiver thereof signed by not less than a quorum of the voting membership.

d. Any action taken by the Board shall require the majority vote of the members present, provided a quorum is present.

e. The members of the Board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards which shall be paid out of Board funds. The ex-officio member shall be reimbursed by the Commission or the Department for the actual expenses incurred in the performance of his duties.

10. Limitation of Liability of Board Members and Employees.

Obligations incurred by the Board and any other liabilities or claims against the Board shall be enforced only against the assets of the Board in the same manner as if it were a corporation and no liability for the debts or actions of the Board shall exist against either the State of South Carolina or any subdivision or instrumentality thereof or against any other Board or Commission established pursuant to the Act or the assets thereof or against any member, officer, employee, or agent of the Board in his individual capacity. The members of the Board, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for the act of omission of any other member of the Board. The liability of the members of the Board shall be several and not joint and no member shall be liable for the default of any other members.

5-3. Marketing Order Purposes.

1. Advertising and Sales Promotion Plans.

a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to prepare plans, administer and conduct programs, and expend monies for advertising and sales promotion to promote the sale of soybeans and soybean products in domestic and foreign markets for the purpose of maintaining existing markets or creating new and/or larger markets for soybeans grown 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 soybeans and soybean 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 soybeans 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 soybeans produced in South Carolina, including cooperation of all kinds with any agency or group in efforts to increase consumption and utilization of soybeans, 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 this Act and the Marketing Order, and may cooperate with 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 domestic or foreign markets for soybeans and soybean products, 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 soybeans and soybean products 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 soybeans.

2. Research.

a. The South Carolina Soybean 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 soybeans and soybean products 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 projects. Insofar as practicable, such research shall be carried out by the South Carolina Agricultural Experiment Station.

c. Such research and survey studies may include, but shall not necessarily be limited to the following:

1) Production problems, such as soil, seed, fertilizers, irrigation, pesticides, and the like.

2) Improving the techniques and methods for harvesting soybeans.

3) Developing and improving methods for processing soybeans and soybean by-products for the purpose of increasing and expanding their use.

4) Improving storage and handling techniques which promote more efficient operation in the marketing and distribution of soybeans.

5) Investigating transportation rates, handling costs, routes, media, and other aspects of moving soybeans in trade channels. If the Board after such investigations finds transportation service, rates, costs, or other factors to be restricting the free flow of soybeans produced in this State, the Board and Commission are authorized to institute actions pursuant to the Act before the Interstate Commerce Commission, Federal Maritime Commission, or such other agency or body deemed necessary to correct the situation.

6) Conduct market research investigations to improve the marketing of soybeans at any stage 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 and information relating to soybeans; 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 soybeans.

3. Unfair Competition. The South Carolina Soybean 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 soybeans or soybean 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.

a. The South Carolina Soybean 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:

1) Coordination and cooperation in promotion, advertising, educational 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.

2) Coordination of purposes with other boards, commission, 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 soybean producers of South Carolina and is pursuant to the Act.

5. Market Development Program.

a. The South Carolina Soybean 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 soybeans and soybean 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:

1) Preparation and dissemination of marketing information to include supply information, demand information, quality characteristics and other facts concerning South Carolina soybeans.

2) Sending representatives, groups, and individuals to visit markets and potential markets for soybeans and soybean products, both domestic and foreign, for the purpose of providing information related to South Carolina soybean products.

3) Participating in trade fairs, exhibitions, and other such activities for the purpose of developing markets for soybeans and soybean products.

6. Educational Programs.

a. The South Carolina Soybean 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 soybeans and soybean products which will complement and strengthen, but not duplicate or substitute for, the educational programs of the Agricultural Extension Service of Clemson University.

b. The educational program which may be established pursuant to this subsection 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 regulation. The opinions, advice, and counsel of the Director of the Agricultural Extension Service of Clemson University may be sought by the Board during the consideration of and prior to the adoption of any educational program related to soybeans or soybean products.

7. Uniform Grading and Inspection.

a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to establish requirements for uniform grading and inspection of soybeans delivered by producers to handlers or processors or others engaged in the handling thereof to include, but not to be limited by the following:

1) Establishment of grading standards of quality, condition, characteristics, or package for soybeans.

2) Establishment of a system of penalties and discounts, or of premiums and additions based upon such grading standards as may be specified by the Board.

b. Grading standards of quality, condition, characteristics, or package for soybeans shall not be established below any minimum standards otherwise prescribed by law for soybeans. All inspections and quality determinations made necessary by the provisions of this Marketing Order shall be performed under the supervision of Federal-State Inspection Service.

5-4. Assessments and Assessment Funds.

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 all soybeans grown in the State an annual assessment of one-half cent ($.005) per bushel which shall be paid by the producer thereof upon each and every bushel of soybeans sold, processed, delivered for sale or processed 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. Soybeans of a producer's own production used by him on his own premises for seed, feed, or other personal consumption.

b. Soybeans donated or shipped for relief or charitable purposes.

c. Soybeans sold by producer's marketing less than commercial quantities being Sales or Marketing of Soybeans with a value of $1,000 or less during the course of the most recently completed full marketing season.

2. Collection of Assessments.

a. All assessments made and levied pursuant to the provisions of the Act and of this Marketing Order shall be paid by the respective producers who shall be liable therefor.

b. Such assessments shall be collected from the producers by the first buyer of the soybeans, and such first buyer shall deduct the full amount of assessment from the total monies due to 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 deduction all assessments so collected. Any first buyer within the State of South Carolina who fails or neglects to collect such assessment from any producer and/or remit such collection to the Commission as herein provided shall be considered to be in violation of this Marketing Order. Every person convicted of such violation pursuant to Section 46-17-400 shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or by imprisonment of not less than ten (10) days nor more than six (6) months, or both. Each violation during any day shall constitute a separate offense.

c. Any producer who by virtue of his activities or circumstances shall be within the meaning of the term "first buyer" or "handler" as herein defined, or who shall sell, ship, or otherwise dispose of soybeans to a buyer or other person or store soybeans outside the jurisdiction of this Marketing Order, shall forthwith remit to the Commission the full amount of the assessment due. Any producer who fails to pay or remit such assessment as herein provided shall be considered to be in violation of this Marketing Order, and shall upon conviction be punished as provided by the above.

d. The Board shall make and furnish to each buyer and producer such rules, regulations, and procedures established within the provisions of this regulation and of the Act to insure the collection of such assessments as shall be due and payable.

e. Soybeans stored in private or public storage within the State of South Carolina shall not be liable for assessment until sale is made, provided that soybeans placed in storage for Commodity Credit Corporation loan purposes shall be considered to have been sold for purposes of compliance with the provisions of the Act and this regulation. It shall be the responsibility of the producer of such soybeans to make and pay to the Commission such assessment as may be due immediately upon concluding such Commodity Credit Corporation loan without regard to future disposition of such loan or of the soybeans in question.

f. On or before the beginning of each marketing season, the Board shall give reasonable notice to all producers, buyers, handlers, and other affected persons of the rules, regulations, procedures, and methods of collection of assessments.

3. Funds.

a. The Commission shall deposit all monies collected pursuant to this Marketing Order in a separate account allocated to the Board, and such account shall be in the name of the South Carolina Soybean Board pursuant to Section 46-17-370. Expenses and disbursements incurred and made pursuant to the Act and this Marketing Order shall be made by draft or check bearing the signature of the Chairman of the Board and one other person, designated by the majority vote of the Board, which person shall be either a member or an employee of the Board.

b. Monies collected by the Commission and Board pursuant to the Act and this Marketing Order as assessments shall be used by the Board only for the purposes of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of the Act and this Marketing Order.

c. At the end of each fiscal year, the Board shall determine the total amount of assessment paid by all affected producers of soybeans and shall verify that this total annual assessment does not exceed five (5) percent of the total market value of all affected units sold or marketed or delivered for sale or marketing by all affected producers during the preceding fiscal year to which the assessment applies. In the event that the total assessment levied upon all producers exceeds five (5) percent of said total market value of all affected units, the Board shall cause to be refunded to each affected producer an amount equal to the excess over five (5) percent of his pro rata share of such total assessment. Provided, however, that amounts of money less than one dollar ($1.00) shall not be returned to any individual producer pursuant to this Section, but shall instead be retained by the Board for use in furtherance of this Marketing Order and of the Act.

4. Refund of Assessments. Any producer may, if dissatisfied with any assessment that has been levied and collected, be refunded the full amount of such assessment provided that demand for refund is made in writing and in the hands of the Commission and of the Chairman of the Board 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.

5-5. Information Reports.

1. 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 purpose thereof. Any information obtained by any person pursuant to the provisions of this regulation shall be confidential and shall 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.

5-6. Continuance.

Prior to the completion of each three (3) calendar years from the effective date of this Order, or the completion of three (3) complete soybean marketing seasons, whichever shall be the longer period, 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 toSection 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.

5-7. Effective Date.

The effective date of Marketing Order No. 1 shall be October, 1969. (Re-issued June 19, 1972 and July 1, 1975.)

B. ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 1 FOR SOUTH CAROLINA SOYBEANS

5-10. Administration.

This Order shall be administered by the South Carolina Soybean Board composed of twelve (12) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee or employees 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 are P. O. Box 667, Summerton, South Carolina, 29148.

5-11. Assessments.

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.

G. Certification of Exemption--"First buyers," handlers, processors and distributors of soybeans produced in South Carolina, including ASC offices handling CCC storage loans, will ask any producer offering soybeans to any of the above for sale or storage who claims he qualifies for any exemption under said Order to certify to such exemption on forms furnished said handlers and ASC by the Commission.

5-12. Reports.

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.

5-13. Refunds.

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.

5-14. Authority.

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.

C. BY-LAWS OF THE SOUTH CAROLINA SOYBEAN BOARD

5-20. Principal Place of Business.

The principal place of business of the South Carolina Soybean Board shall be its office at P. O. Box 667, Summerton, South Carolina.

5-21. Officers and Their Duties.

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.

2. The duties of the Chairman shall be:

(1) to preside at all meetings of the Board;

(2) call special meetings of the Board when deemed necessary;

(3) have general supervision of the affairs of the Board, and perform all acts and duties usually incident to and required of an executive and presiding officer; and

(4) be an ex-officio member of all committees.

3. The duties of the Vice-Chairman shall be to act in the place of the Chairman in the absence, disqualification, disability, or at the direction of the Chairman.

4. The duties of the Secretary-Treasurer and Assistant Secretary-Treasurer-Manager shall be:

(1) to keep, or cause to be kept, a complete record of the proceedings of all meetings of the Board.

(2) to attest all papers, documents, and other instruments on behalf of the Board.

(3) to have custody of all money, property, and securities belonging to or under the control of the Board.

(4) keep regular books of accounts under the direction of the Board.

(5) deposit all funds and money of the Board in a bank or banks designated by the Board.

(6) prepare all checks issued by the Board.

(7) submit to the Board and the Agriculture Commission of South Carolina each quarter a financial report which shall include:

(a) Balance sheet

(b) income and expense statement or statement of receipts and disbursements

(c) comparison of expenses with budget.

(8) act as purchasing agent for the Board.

(9) be custodian of all insurance policies, including any fidelity bond covering officers or employees of the Board.

5. Checks shall be signed on behalf of the Board by the following: Chairman and Assistant Secretary-Treasurer.

5-22. Employees and Their Duties.

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.

3. The duties of the Assistant Secretary-Treasurer shall be: Under the general supervision of the Secretary-Treasurer, to perform such duties as the Secretary-Treasurer may authorize and direct him to perform, including:

(1) The preparation and maintenance of minutes of all meetings (including committees);

(2) the signing, with the Chairman, of checks on behalf of the Board;

(3) the collection and deposit of all monies due the Board; and

(4) the keeping of regular books of account.

5-23. Meetings.

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 three 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 determined by the Chairman, shall be as follows:

1. Roll call

2. Approval of minutes of previous meeting

3. Action on matters on written agenda

4. New business

5. Each major proposition, including all recommendations to the Agriculture Commission, which the Board may adopt shall be in the form of a resolution, the enacting clause of which shall be:

"Be it Resolved by the South Carolina Soybean Board in Meeting Duly Assembled", or, in the event such proposition is adopted by mail vote, "Be it Resolved by the South Carolina Soybean Board in Mail Vote". Upon the request of any member, any such proposition under consideration by the Board shall be presented to the Board in written form prior to voting thereon. All resolutions shall, upon adoption by the Board, be recorded in a book for that purpose, and shall be authenticated by the signature of the Chairman, or Vice-Chairman when acting as Chairman, or the Assistant Secretary-Treasurer. Such record shall show the names of the members introducing and seconding the motion for adoption of each resolution. The record shall also show for each meeting the vote by which each resolution is adopted, and in the event a roll call vote is required, the vote of each individual member shall be recorded. The minutes of each meeting shall contain all resolutions or motions adopted during such meeting exactly as they appear in the record, except that minutes other than verbatim minutes need not show the vote by individual members in the event of a roll call vote, but only the number in favor of and the number opposed to each resolution. Any proposition which the Board may adopt which does not require the Agriculture Commission's review or approval prior to being made effective shall become effective upon adoption by the Board.

6. Voting in the Board shall be governed by the appropriate provisions of the Marketing Order. Any vote taken by mail, telephone, or telegraph shall be only upon order of the Chairman, and the question(s) submitted and a record of the members voting shall be made a part of the minutes of the Board, and, if applicable, the resolution's record. A confirmation in writing of the vote by each member shall be obtained for a telephone vote. At any assembled meeting, all votes shall be cast in person.

7. Seven of the voting members of the Board shall constitute a quorum for the transaction of all business.

5-24. Committees.

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.

5-25. Fidelity Bonds.

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.

5-26. Procedures and Transaction of Business.

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.

5-27. Powers of the Board.

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.

5-28. Compensation and Expense of Board Members.

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.

3. The Manager, or such other person as the Board may designate, may approve payment of all claims submitted to him by members or employees who are qualified to receive payment, provided the official form is used.

4. Employees shall be reimbursed for any expenses incurred by them in the execution of their duties in the same manner as allowed by the State, except for meals or hotel bills in the city in which their headquarters are located.

5-29. Amendments.

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.

A. MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES

5-30. 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 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.

5-31. South Carolina Sweet Potato Board.

1. Establishment and Membership. A Sweet Potato Board is hereby established with such powers and duties as are authorized by Section 46-17-270 and by Section 6 of this regulation. The Board shall be composed of seven (7) producer members elected as provided in this regulation and one ex-officio member as specified by the Act. The ex-officio member shall be without vote in actions of the Board.

2. Membership Qualifications. Board members shall be citizens and residents of the State of South Carolina, over the age of twenty-five (25) years. Producer members shall have been actually engaged in producing sweet potatoes in commercial quantities within this State for a period of five years and have during this period derived a substantial portion of their individual incomes therefrom. Producer members of the Board shall be active producers of sweet potatoes. The qualifications of producer members as set forth herein must continue during their term of office. The ex-officio member so designated by the Commission shall be either a sweet potato producer, a person active in or interested in matters related to sweet potatoes, or a person not so related.

3. Term of Office--Initial Board. The term of office of the appointed or elected producer members shall be three (3) years from the date of their election and until their successors are elected and certified. The initial members of the Board shall serve from the effective date of this Marketing Order in terms of office terminating as follows: Positions 1, 2, and 3 shall terminate on the last day of December nearest to three (3) years from the effective date of this Marketing Order; Positions 4 and 5 shall terminate on the last day of December nearest to two (2) years from the effective date of this Marketing Order; and Positions 6 and 7 shall terminate on the last day of December nearest to one (1) year from the date of this Marketing Order. The term of office of the ex-officio member, being Position number 8, shall terminate three (3) years from the effective date of this Marketing Order.

4. Nomination and Election of Board Members.

a. Not earlier than October 1 and not later than October 15 of each year, the Commission shall give notice by mail to all producers of such vacancies as will occur in the Board and call for nominations. Nominations of candidates for election shall be oral and shall follow such order and procedures as are specified by the Commission with the advice of the Board. The notice of vacancy shall specify the date and time for at least one nominating meeting of affected producers at which meeting oral nominating petitions shall be accepted by the Commission. Each oral nomination shall be seconded by no less than five (5) qualified producers; which seconding action shall be indicated by standing as the nomination is placed. Said nominating meeting shall be completed no later than October 25 of each year. Nominations may also be made within five (5) days after such meeting by written petition filed with the Commission and signed by not less than five (5) affected producers entitled to participate in the meeting.

b. Notice of a nominating meeting shall be published in a newspaper of general circulation in Greenville, Columbia, Charleston and such other newspapers as the Commission may prescribe not less than ten (10) days in advance of the date of such meeting. Written notice of every such meeting shall be posted on the public bulletin board required by Section 46-17-80.

c. Producer members shall be elected by secret mailed ballot to fill such vacancies as shall occur annually in the Board. Ballots shall be distributed to affected producers of record by mail no later than November 15 of each year.

Each affected producer shall be entitled to one (1) vote. Provisions shall be made by the Commission with the advice of the Board to provide ballots to any qualified producer whose name does not appear on the list of producers maintained by the Commission pursuant to Section 46-17-170 and who requests such ballot by mail or in person. Control of ballots shall be maintained by the Commission with the advice of the Board.

d. Ballots will be returned by affected producers no later than November 25 of each year. Ballots shall be returned to the Commission by mail at such address as may be determined by the Commission. This address shall be clearly stated along with the purpose of the ballot and the voting period at the head of each ballot. Such mailed ballot shall be conducted in such a way and manner that it shall be a secret ballot in accordance with rules and regulations to be promulgated by the Commission. Newly elected and properly certified members of the Board shall take office effective on January 1 of each year. The Chairman of the Commission or his designated representative shall administer an appropriate oath of office to each member of the Board at such time and place as shall be proper.

e. With respect to the initial Board, the Commission shall call for nominations and give notice of nomination meetings in the notice of hearings issued pursuant to Section 46-17-80 and shall list those individuals nominated in its final decision required by Section 46-17-120. The ballot specified herein shall be forwarded to the affected producers at the time the referendum is held pursuant to Section 46-17-140.

5. Vacancies. To fill any producer vacancy on the Board occasioned by the failure to qualify of any person elected to the Board, or in the event of the death, removal, resignation, or disqualification of any member, the remaining members shall select a person qualified for membership as provided by the Act and section 2 of this regulation for appointment by the Commission to fill the unexpired term. A qualified person shall be appointed to the ex-officio membership by the Commission to complete any unexpired term which may occur.

6. Powers and Duties of Board. The Board shall have the following powers and duties:

a. To administer, enforce, direct, and control the provisions of this Marketing Order as its administrative board pursuant to the authority contained in Section 46-17-270(f).

b. To elect a chairman and such other officers as it deems necessary; and to select and instruct subcommittees of Board members. The ex-officio member being position number 8, shall call the initial meeting and shall preside until a chairman is properly elected, which election shall constitute the first order of business to come before the Board.

c. To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the Board and the enforcement of its duties under this Marketing Order.

d. To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising, promotional, and research agencies, and other persons and firms as it may deem appropriate and pay compensation to the same according to the provisions of the Act.

e. To accept donations, gifts, and other property to be used for Board purposes.

f. To exercise the powers and authority conferred by law upon corporations.

g. To keep accurate records of all receipts and disbursements, which records shall be open to inspection and audit by the Commission and other legal agencies of the State, and to make annual reports therefrom to the Commission.

h. To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this Marketing Order during each fiscal year.

i. To assist the Commission in collecting the assessments of producers as provided in this Marketing Order and to expend the same in accordance with and to effectuate the purposes of the Act and this Marketing Order.

7. Procedure for Board.

a. The Board shall by resolution establish a headquarters which shall continue as such unless and until so changed by the Board, at which headquarters shall be kept the books, records, and minutes of the Board meetings.

b. The Board shall hold regular meetings at least quarterly, with the time and date thereof to be fixed by the resolution of the Board. Four (4) of the voting members of the Board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the Board.

c. The Board may hold such special meetings as it may deem advisable and shall establish by resolution the time, place, and manner of calling such special meetings with reasonable notice to the members, provided, however, that the notice of any special meeting may be waived by a waiver thereof signed by not less than a quorum of the voting membership.

d. Any action taken by the Board shall require the majority vote of the members present, provided a quorum is present.

e. The members of the Board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards which shall be paid out of Board funds. The ex-officio member shall be reimbursed by the Commission or the Department for the actual expenses incurred in the performance of his duties.

8. Limitation of Liability of Board Members and Employees.

Obligations incurred by the Board and any other liabilities or claims against the Board shall be enforced only against the assets of the Board in the same manner as if it were a corporation and no liability for the debts or actions of the Board shall exist against either the State of South Carolina or any subdivision or instrumentality thereof or against any other Board or Commission established pursuant to the Act or the assets thereof or against any member officer, employee, or agent of the Board in his individual capacity. The members of the Board, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for the act or omission of any other members of the Board. The liability of the members of the Board shall be several and not joint and no member shall be liable for the default of any other members.

5-32. Marketing Order Purposes.

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.

2. Packaging and Labeling.

The Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to require that all sweet potatoes sold or offered for sale within the affected area, except those sweet potatoes sold to processors 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, be packaged in suitable containers, which containers shall be labeled, marked, stamped, or branded as to variety and grade of sweet potatoes therein packed, and the name and address of the producer or the packer of the sweet potatoes. Such specifications shall be made public at least 60 days prior to the marketing season.

3. 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 sweet potatoes and sweet potato products in domestic and foreign markets for the purpose of maintaining existing markets or creating new and/or larger markets for sweet potatoes grown 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 sweet potatoes and sweet potato 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 sweet potatoes 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 sweet potatoes produced in South Carolina, including cooperation of all kinds with any agency or group in efforts to increase consumption and utilization of sweet potatoes 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 this Act and Marketing Order, and may cooperate with 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 sweet potatoes 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 sweet potatoes and sweet potato products 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 sweet potatoes.

4. 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 sweet potatoes and sweet potato products 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.

c. Such research and survey studies may include, but shall not necessarily be limited to the following:

(1) Production problems, such as soil, seed, fertilizers, irrigation, pesticides, and the like.

(2) Improving the techniques and methods for harvesting sweet potatoes.

(3) Improving storage and handling techniques which promote more efficient operation in the marketing and distribution of sweet potatoes.

(4) Investigating transportation rates, handling costs, routes, media, and other aspects of moving sweet potatoes in trade channels. If the Board, after such investigations, finds transportation service, rates, costs, or other factors to be restricting the free flow of sweet potatoes 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.

(5) Conduct market research investigations to improve the marketing of sweet potatoes at any stage 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 studies may include the collection of data and information relating to sweet potatoes; the analysis of such data and information, the dissemination of such date, information and analysis, and such other investigation that falls within the scope of the producing, handling, processing, or marketing of sweet potatoes.

5. 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 sweet potatoes or sweet potato 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.

6. 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.

(1) Coordination and cooperation 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.

(2) Coordination of purposes with other boards, commissions, 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 sweet potato producers of South Carolina and is pursuant to the Act.

7. 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 sweet potatoes and sweet potato products, or which will result in the expansion of existing markets for such 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:

(1) Preparation and dissemination of marketing information to include supply information, demand information, quality characteristics, and other facts concerning South Carolina sweet potatoes.

(2) Sending representatives, groups, and individuals to visit markets and potential markets for sweet potatoes and sweet potato products, both domestic and foreign, for the purpose of providing information related to these products.

(3) Participating in trade fairs, exhibitions, and other such activities for the purpose of developing markets for sweet potatoes and sweet potato products.

8. 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 sweet potatoes and sweet potato products which will complement and strengthen, but not duplicate or substitute for, the educational programs of the Clemson University Experiment 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 education program related to sweet potatoes and sweet potato products.

5-33. Assessments and Assessment Funds.

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.

2. Amount of Assessment.

a. The maximum amount of any assessment under this Marketing Order shall be five cents ($.05) per bushel.

b. The amount of assessment per affected unit shall be determined annually by the Board and shall not exceed the maximum amount herein stated.

3. Collection of Assessments.

a. All assessments made and levied pursuant to the provisions of the Act and this Order shall be paid by the respective affected producer who shall be liable therefor as provided by Section 46-17-360.

b. Any producer who by virtue of his activities or circumstances shall sell, ship, store, or otherwise dispose of sweet potatoes to a buyer, packer, distributor, or other person or ship or store sweet potatoes outside the jurisdiction of this Marketing Order, shall forthwith remit to the Commission the full amount of the assessment due. Any producer who fails to pay or remit such assessment as herein provided shall be considered to be in violation of this Marketing Order, and shall be punished as provided in Section 46-17-400.

c. To collect such assessments as may be due, the Commission may:

(1) Cause to be issued stamps designated as "South Carolina Sweet Potato Marketing Stamps," and to require that these be fixed or attached to the containers, invoices, shipping documents, inspection certificates, releases or receiving receipts or tickets according to such regulations as shall be issued by the Commission. The cost of said stamps and the issuance thereof shall be borne by the Board. Any such stamps shall be cancelled immediately upon being attached and the date, place, and name or other designation of the cancelling official shall be placed thereon.

(2) Require that warehousemen, packers, handlers, or distributors receiving sweet potatoes from the producers collect producer assessments from producers whose sweet potatoes they buy or otherwise handle, store, or distribute. All monies so collected shall be paid to the Commission on or before the last regular business day of the month immediately succeeding the month of collection. Each person who shall so collect producer assessments as herein provided shall at such times as by rule and regulation required, file with the Commission under oath on forms to be furnished by the Commission, a return showing such information as shall be necessary for the purposes of the Commission. Any warehouseman, producer, handler or distributor within the State of South Carolina who fails or neglects to collect such assessment from any producer and/or remit such collection to the Commission as herein provided shall be considered in violation of this Marketing Order and shall be punished as provided in Section 46-17-400.

d. The Commission and the Board shall make and furnish to each producer, distributor, handler, processor, warehouseman, packer, or other affected individual such rules, regulations and procedures established within the provisions of this regulation and the Act to facilitate and insure the collection of such assessments as shall be due and payable.

e. On or before the beginning of each marketing season, the Board shall give reasonable notice to all producers, distributors, handlers, processors, and other affected persons of the amount of assessment and the rules, regulations, procedures, and methods of collection of assessments.

4. Funds.

a. The Commission shall deposit all monies collected pursuant to this Marketing Order in a separate account allocated to the Board, and such account shall be in the name of the South Carolina Sweet Potato Board pursuant to Section 46-17-370. Expenses and disbursements incurred and made pursuant to the Act and this Marketing Order shall be made by draft or check bearing the signature of the Chairman of the Board and one other person designated by majority vote of the Board; which person shall be either a member or an employee of the Board.

b. Monies collected by the Commission and Board pursuant to the Act and this Marketing Order as assessments shall be used by the Board only for the purposes of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of the Act and this Marketing Order.

c. At the end of each fiscal year, the Board shall determine the total amount of assessment paid by all affected producers of sweet potatoes and shall verify that this total annual assessment does not exceed five (5) percent of the total market value of all affected units sold or marketed or delivered for sale or marketing by all affected producers during the preceding fiscal year to which the assessment applies. In the event that the total assessment levied upon all producers exceeds five (5) percent of said total market value of all affected units, the Board shall cause to be refunded to each affected producer an amount equal to the excess over five (5) percent of his pro rata share of such total assessment. Provided, however, that amounts of money less than one dollar ($1.00) shall not be returned to any individual producer pursuant to this Section, but shall instead be retained by the Board for use in furtherance of this Marketing Order and of the Act.

5. Refund of Assessments.

Any producer may, if dissatisfied with any assessment that has been levied and collected be refunded the full amount of such assessment provided that demand for refund is made in writing and in the hands of the Commission and of the Chairman of the Board 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.

5-34. 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 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.

5-35. Continuance.

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.

5-36. Effective Time.

The effective date of Marketing Order No. 2 shall be December 1, 1969.

B. ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES

5-40. Administration.

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.

5-41. Assessments.

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.

G. Certification of Exemption--"First buyers," handlers, processors and distributors of sweet potatoes produced in South Carolina will ask any producer offering sweet potatoes to any of the above for sale who claims he qualifies for any exemption under said order to certify to such exemption on forms furnished said handlers by the Commission.

5-42. Reports.

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.

5-43. Refunds.

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.

5-44. Packaging and Labeling.

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.

5-45. Uniform Grading.

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.

B. Exempt from the above requirements are sweet potatoes sold exclusively for processing.

5-46. Authority.

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.

C. BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOARD

5-50. Principal Place of Business.

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.

5-51. Officers and Their Duties.

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.

2. The duties of the Chairman shall be:

(1) to preside at all meetings of the Board.

(2) call special meetings of the Board when deemed necessary.

(3) have general supervision of the affairs of the Board, and perform all acts and duties usually incident to and required of an executive and presiding officer.

(4) be an ex-officio member of all committees.

(5) submit to the Secretary of the Agriculture Commission the operational budget approved by the Board.

3. The duties of the Vice-Chairman shall be to act in the place of the Chairman in the absence, disqualification, disability, or at the direction of the Chairman.

4. The duties of the Secretary-Treasurer and Assistant Secretary-Treasurer-Manager shall be:

(1) To perform all administrative functions in accordance with policies established by the Board and to record and maintain records of all of the proceedings of all meetings of the Board.

5. Statements and bills for fund disbursement must be approved by the Chairman of the Board and the manager prior to being submitted for payment.

5-52. Employees and Their Duties.

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.

5-53. Meetings.

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

5. Each major proposition, including all recommendations to the Agriculture Commission, which the Board may adopt shall be in the form of a resolution, the enacting clause of which shall be:

"Be it Resolved by the South Carolina Sweet Potato Board in Meeting Duly Assembled," or, in the event such proposition is adopted by mail vote, "Be it Resolved by the South Carolina Sweet Potato Board in Mail Vote." Upon the request of any member, any such proposition under consideration by the Board shall be presented to the Board in written form prior to voting thereon. All resolutions shall, upon adoption by the Board, be recorded in a book for that purpose, and shall be authenticated by the signature of the Chairman, or Vice-Chairman when acting as Chairman, or the Assistant Secretary-Treasurer. Such record shall show the names of the members introducing and seconding the motion for adoption of each resolution. The record shall also show for each meeting the vote by which each resolution is adopted, and in the event a roll call vote is required, the vote of each individual member shall be recorded. The minutes of each meeting shall contain all resolutions or motions adopted during such meeting exactly as they appear in the record, except that minutes other than verbatim minutes need not show the vote by individual members in the event of a roll call vote, but only the number in favor of and the number opposed to each resolution. Any proposition which the Board may adopt which does not require the Agriculture Commission's review or approval prior to being made effective shall become effective upon adoption by the Board.

6. Voting in the Board shall be governed by the appropriate provisions of the Marketing Order. Any vote taken by mail, telephone, or telegraph shall be received only upon order of the Chairman, and the question(s) submitted and a record of the members voting shall be made a part of the minutes of the Board, and, if applicable, the resolution's record. A confirmation in writing of the vote by each member shall be obtained for a telephone vote. At any assembled meeting, all votes shall be cast in person.

7. Four of the voting members of the Board shall constitute a quorum for the transaction of all business.

5-54. Committees.

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.

5-55. Fidelity Bonds.

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.

5-56. Procedures and Transaction of Business.

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.

5-57. Powers of the Board.

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.

5-58. Compensation and Expense of Board Members.

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.

3. The Manager, or such other person as the Board may designate, may approve payment of all claims submitted to him by members or employees who are qualified to receive payment, provided the official form is used.

4. Employees shall be reimbursed for any expenses incurred by them in the execution of their duties in the same manner as allowed by the State, except for meals or hotel bills in the city in which their headquarters are located.

5-59. Amendments.

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.

A. MARKETING ORDER NO. 3 FOR SOUTH CAROLINA FRESH MARKET CUCUMBERS

5-60. Definitions.

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.

5-61. South Carolina Cucumber Board.

1. Establishment and Membership. A cucumber board is hereby established with such powers and duties as are authorized by Section 46-17-270 and by Section 6 of this regulation. The board shall be composed of seven (7) producer members elected as provided in this regulation and an ex officio member as specified by the Act.

2. Membership Qualifications. Board members shall be citizens and residents of the State of South Carolina, over the age of twenty-five (25) years. Producer members shall have been actually engaged in producing commercial quantities of cucumbers within this State for a period of five years and have during this period derived a substantial portion of their individual income therefrom. Producer members of the board shall be active producers of fresh market cucumbers. The qualifications of producer members as set forth herein must continue during their term of office. The ex officio member so designated by the Commission shall be either a cucumber producer, a person active in or interested in matters related to cucumbers, or a person not so related.

3. Term of Office; Initial Board. The term of office of the elected producer members shall be three (3) years from the date of their election and until their successors are elected and certified; except that initial members of the board shall serve from the effective date of this marketing order in terms of office terminating as follows: Positions 1, 2, and 3 shall terminate on the last day of February nearest to three (3) years from the effective date of this marketing order; positions 4 and 5 shall terminate on the last day of February nearest to two (2) years from the effective date of this marketing order; and positions 6 and 7 shall terminate on the last day of February nearest to one (1) year from the date of this marketing order. The term of office of the ex officio member, being position number 8, shall terminate three (3) years from the effective date of this marketing order.

4. Nomination and Election of Board Members.

a. Not earlier than January 1 and not later than January 15 of each year, the Commission shall give notice by mail to all cucumber producers of such vacancies as will occur in the Board and call for nominations. Nomination of candidates for election shall be oral and shall follow such order and procedures as are specified by the Commission with the advice of the board. The notice of vacancy shall specify the date and time for at least one nominating meeting of affected producers at which meeting oral nominating petitions shall be accepted by the Commission. Each oral nomination shall be seconded by no less than five (5) qualified cucumber producers; which seconding action shall be indicated by standing as the nomination is placed. Said nominating meeting shall be completed no later than January 25 of each year. Nominations may also be made within five (5) days after such meetings by written petition filed with the Commission and signed by not less than five (5) affected producers entitled to participate in the meeting.

b. Notice of nominating meeting shall be published in a newspaper of general circulation in Greenville, Columbia, Charleston and such other newspapers as the Commission may prescribe not less than (10) ten days in advance of the date of such meeting. Written notice of every such meeting shall be posted on the public bulletin board required by Section 46-17-80.

c. Producer members shall be elected by secret mailed ballot to fill such vacancies as shall occur annually in the Board. Ballots shall be distributed to affected producers of record by mail no later than February 15 of each year. Each affected producer shall be entitled to one (1) vote. Provisions shall be made by the Commission with the advice of the Board to provide ballots to any qualified producer whose name does not appear on the list of producers maintained by the Commission pursuant to Section 46-17-170 and who requests such ballot by mail or in person