Chapter 669-1 MARKETING ORDER FOR SWEET POTATOES
Sweet Potatoes.
The entire State of Georgia.
| (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. |
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.
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.
| (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. |
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.
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.
| (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. |
| (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. |
The Commissioner of Agriculture shall administer and enforce
the provisions of this Order, particularly as to the collection of levies and
assessments.
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.
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.
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.
