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Chapter 669-1 MARKETING ORDER FOR SWEET POTATOES

Rule 669-1-.01 Product Affected

Sweet Potatoes.

Rule 669-1-.02 Area of Production Affected

The entire State of Georgia.

Rule 669-1-.03 Scope of Operation

(1) Research.
(2) Promotion.
(3) Education.
(4) Establishing grading standards of quality, including a requirement that all sweet potatoes being sold be labeled to show the variety, grade and weight thereof, and that no sweet potatoes be offered for sale for human consumption other than the following grades: U.S. Extra No. 1, U.S. No. 1, U.S. No. 2 and Jumbos. Also, all sweet potatoes offered for sale shall be in bushel containers or less, except that quantities of 50 bushels or less may be offered for sale in bulk, provided they meet the grading requirement of this section.
(5) Provisions authorizing the Commission to establish definite dates within each year as to the marketing of green and cured sweet potatoes and to establish in connection therewith, marketing seasons for green and cured sweet potatoes.
(6) Establishing of surplus, stabilization, or by-product pool or pools, and to provide for the sale or disposition of the sweet potatoes in any such pool or pools.
(7) To provide a means for the prohibition of unfair trade practices, relating to misleading the buyer, purchaser or consumer, and to contest any trade practices affecting the processing, distribution or handling of sweet potatoes.

Rule 669-1-.04 Extent of Operation

The extent of operation under the statutory authority shall be as determined by the Commission within the limitations of the statutory authority. The Commission shall have the right to determine the activities of the Commission and the expenditure of funds under any one or all of the areas permitted under statutory authority.

Rule 669-1-.05 Term of Operation

The term of operation under this Order shall be for the year beginning July 1, 196 1, and ending June 30, 1962, and from year to year thereafter until terminated by law.

Rule 669-1-.06 Method of Approval

(1) The approval of this Order shall be by written assent of the producers as authorized and provided by Section 14(a), Ga. L. 1961, p. 301 as amended. The approval by producers shall be in an amount not less than 65 per cent of the producers who produce not less than 51 per cent of the total volume of production, or upon the approval of not less than 51 per cent of the producers who produce not less than 65 percent of the total volume of production.
(2) The approval shall be determined by the Commission upon receipt of written assent of producers.
(3) The approval of members of non-profit agricultural cooperative marketing associations (co-ops) may be had under the provisions of Section 14(a), (3), Ga. L. 1961, p. 301 as amended.

Rule 669-1-.07 Time for Approval

Written assents or rejections shall be received by the Commission during the period of June 13, 1961, through July 25, 1961, with the authority of the Commission to declare this Order approved upon the receipt of the requisite number of assents from producers who produce the requisite percentage of sweet potatoes.

Rule 669-1-.08 Affected Producers

This Order shall apply to all commercial producers of sweet potatoes. For the purpose of this Rule, a commercial producer is a producer with an acreage of five (5) or more acres who produces sweet potatoes for We within and without the State, and in addition thereto, the provisions of this Order, relating to grading, selling and marketing of sweet potatoes, shall be applicable to all sweet potatoes sold in this State.

Rule 669-1-.09 Method of Finance

(1) Projects, undertakings and expenses incurred under this Order shall be financed by an assessment and levy of two (2) cents per bushel of all sweet potatoes produced in this State for sale. The assessment and levy shall be against the producer of sweet potatoes. Upon the approval of the requisite number of producers and effective as of August 1, 1961, a levy and assessment of two (2) cents per bushel of all sweet potatoes produced in this State is hereby made. Such levy shall continue of force and effect until this Order is suspended or superseded as provided by law and during the time this Order remains of force and effect.
(2) To the end that the Commission shall have such funds under the levy and assessment herein provided, the Commission shall be authorized to borrow money and hypothecate anticipated collections as authorized under Section 16(d), Ga. L. 1961, p. 301 as amended.

Rule 669-1-.10 Method of Collection

(1) The levy and assessment provided by this Order shall be collected from producers. As an aid in such collections, handlers, distributors and others purchasing sweet potatoes from producers, other than retail outlets, shall deduct the amount of such levy and assessment during each pay period and remit the same to the Commissioner of Agriculture for the account of the producer.
(2) The Commissioner is authorized in the collection of funds to adopt and utilize a reporting and auditing method of collecting the levy and assessment provided herein.

Rule 669-1-.11 Administration and Enforcement

The Commissioner of Agriculture shall administer and enforce the provisions of this Order, particularly as to the collection of levies and assessments.

Rule 669-1-.12 Expenditure of Funds

The Commission is hereby authorized to expend funds of the Commission as it deems necessary to defray the costs and expenses incurred under this Order. The Commission is further authorized to expend funds to defray the actual costs and expenses of the Commission, including employees' special committees, advisory boards and individuals to aid, advise and assist the Commission in the performance of its duties.

Rule 669-1-.13 Contracts

The Commission may enter into contracts as it deems necessary and advisable in the performance of its duties under the provisions of this Order, including, but not limited to, contracts with the Georgia Sweet Potato Improvement Association for the performance of duties and services, as the Commission shall deem necessary and proper.

Rule 669-1-.14 Records

It shall be the duty and responsibility of each affected person or handler to keep accurate records to reflect the true amount of sweet potatoes produced, sold or purchased by him, and to make such records available for inspection and audit by the Commission and the Commissioner.