Title 11 Agriculture, Livestock and Other Animals

11-35-105. Marketing orders; when issued; contents; economic factors to be considered.

(a) After notice and hearing, the board shall issue a marketing order if it finds and states in the marketing order that the order will tend to: (i) Reestablish or maintain prices received by producers for the agricultural commodity at a level which will give to the commodity power, with respect to the articles and services which farmers commonly buy, equivalent to the purchasing power of such commodity, provided that in establishing prices the board shall as nearly as possible apply the methods and procedures presently prescribed by the United States department of agriculture in making similar determinations; (ii) Approach such equality of purchasing power at as rapid a rate as is feasible in view of the demand for the commodity; (iii) Prevent the unreasonable or unnecessary waste of agricultural wealth because of improper preparation of the agricultural commodity for market, lack of uniform grading and inspection, or excessive shipments to markets; (iv) Protect the interest of consumers of the commodity. (b) In making the findings set forth in this section, the board shall take into consideration all facts available with respect to the following economic factors: (i) The quantity of the agricultural commodity available for distribution; (ii) The quantity of the agricultural commodity normally required for distribution; (iii) The cost of producing the agricultural commodity as determined by available statistics and surveys; (iv) The purchasing power of consumers; (v) The level of prices of commodities, services and articles which farmers buy; (vi) The level of prices of other commodities which compete with or are utilized as substitutes for the agricultural commodity.