S.C. Code Ann. § 46-21-15 — SC Code / Title 46 / Chapter 21 / Article 1 / Section 46-21-15
SECTION 46-21-15. Definitions.
Status: in_force

As used in this chapter, except for Article 9: (1) "Advertisement" means all representations, other than those on the label, relating to seed within the scope of this chapter. (2) "Agricultural seed" means grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this State as agriculture seeds, lawn seeds, and combinations of these seeds and may include noxious weed seeds when the Commissioner determines that the seed is being used as agricultural seed. (3) "Blend" means seed consisting of more than one variety of a kind, each in excess of five percent by weight of the whole. (4) "Brand" means a word, name, symbol, number, or design used to identify seed of one person to distinguish it from seed of another person. (5) "Bulk" means a volume of seed in a container larger than a typical individual packing unit for that kind, such as bulk bags and boxes, bins, trucks, railcars, or barges. (6) "Certified seed", "registered seed", or "foundation seed" means seed that has been produced and labeled in accordance with the procedures and in compliance with the regulations of an agency authorized by the laws of this State or the laws of another state. (7) "Certifying agency" means: (a) an agency authorized under the laws of a state, territory or possession to officially certify seed and which has standards and procedures approved by the U.S. Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or (b) an agency of a foreign country determined by the U.S. Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under subitem (a). (8) "Coated seed" or "encrusted seed" means seed that has been covered, by at least one layer of material that obscures the original shape and size of the seed resulting in a substantial weight increase. The coating or encrusting may contain biologicals, identifying colorants or dyes, pesticides, polymers, or other ingredients. (9) "Complete record" means all information that relates to the origin, treatment, germination, purity, kind, and variety of each lot of agriculture seed sold in this State, or which relates to the treatment, germ, kind, and variety of each lot of vegetable and flower seed sold in this State. This information includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations. (10) "Conditioning" means drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information. (11) "Cost damages" means actual expenditures by the grower for the cost of seed, labor, equipment, fertilizer, insecticide, herbicide, land rent and other directly related costs, less the value received from the crop actually grown and sold. (12) "Date of test" means the month and year the percentage of germination appearing on the label was obtained by laboratory test. (13) "Dormant" means viable seed, excluding hard seed, which fail to germinate when provided the specified germination conditions for the kind of seed in question. (14) "Film-coated seed" means seed that retains its shape and general size with minimal weight gain. The film coating may contain biologicals, identifying colorants, dyes, pesticides, polymers, or other ingredients. The coating shall result in a continuous covering. (15) "Flower seeds" includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seeds in this State. (16) "Genuine grower declaration" means a statement signed by the grower which gives for each lot of seed the lot number, kind, variety (if known), origin, weight, year of production, date of shipment, and to whom the shipment was made. (17) "Germination" means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, or indicative of the ability to produce a normal plant under favorable conditions. (18) "Hermetically sealed seed" means seed packed in a moisture-proof container when the container and the seed in the container meet the requirements specified by regulation. (19) "Hard seeds" means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat. (20) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining: (a) two or more inbred lines; (b) one inbred or a single cross with an open pollinated variety; or (c) two varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation or subsequent generations from these crosses are not regarded as hybrids. Hybrid designations are treated as variety names. (21) "Inert matter" means all matter not seed, which includes broken seed, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by regulation. (22) "Inoculated seed" means seed which has received a coating of a preparation containing a microbial production. (23) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. (24) "Labeling" means a tag or other device attached to or written, stamped, or printed on a container or accompanying a lot of bulk seed purporting to set forth the information required on the seed label by this act, and it may include other information relating to the labeled seed. (25) "Lawn and turf" means seeds of the grass family (Poaceae) that are used within the industry for lawn and turf applications. (26) "Lot" means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. (27) "Mix", "mixed", or "mixture" means seed consisting of more than one kind, each in excess of five percent by weight of the whole. (28) "Noxious weed seeds" are divided into the following two classes: (a) "Prohibited noxious weed seeds" means those seeds that are prohibited from being present in agricultural, vegetable, or flower seed and are the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. (b) "Restricted noxious weed seeds" means those weed seeds that are objectionable in agricultural crops, lawns, and gardens of this State and may be controlled by good cultural practices or the use of herbicides. (29) "Official sample" means a sample taken from a lot of seed by a representative of a seed regulatory official of a state or federal government agency following prescribed methods. (30) "Origin" means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. Regional distinctions also may be included. (31) "Other crop seed" means seeds of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by regulation. (32) "Pelleted seed" means coated or encrusted seed that also improves plantability or singulation of the seed. (33) "Person" means an individual, partnership, corporation, company, association, receiver, trustee, or agent. (34) "Private hearing" means a discussion of facts between the person charged and the enforcement officer. (35) "Pure seed" means seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods defined by regulation. (36) "Seizure" means a legal process carried out by court order against a definite amount of seed. (37) "Stop sale" means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount of seed. (38) "Submitted sample" means a nonofficial sample that does not guarantee chain of custody. (39) "Treated" means that the seed has received an application of a substance or that it has been subjected to a process for which a claim is made. (40) "Treated seed" means seed with a minimal covering of material whose objective is to reduce or control disease organisms, insects, or other pests attacking the seed or seedlings growing and may contain identifying colorants or dyes. (41) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. (42) "Variety" means a subdivision of a kind which is distinct, uniform, and stable. (a) "Distinct" means the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge. (b) "Uniform" means that the variations in essential and distinctive characteristics are describable. (c) "Stable" means the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. (43) "Vegetable seeds" means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State. (44) "Weed seed" means the seeds of all plants generally recognized as weeds within this State, as determined by methods defined by regulation, and includes the prohibited and restricted noxious weed seeds.
S.C. Code Ann. § 46-7-30 — SC Code / Title 46 / Chapter 7 / Section 46-7-30
SECTION 46-7-30. Experimental stations for farm demonstration work.
Status: in_force

(A) The board of trustees of Clemson University may establish and operate two or more experimental stations, as in its judgment the funds of the University justify, for testing soil and climatic and other conditions and farm demonstration work. One station must be established within the Pee Dee section of the State, one within the sand hill portion, and the others wherever in the judgment of the board will result to the best interest of the State. Advertisement for bids in money and donations of land for the location of the stations must be made before their location is determined. (B) The experimental stations shall engage in agricultural operations and farm research in its broadest sense. The development, collection, analysis, and publication and other dissemination of the results of research efforts on the research farms must be integral parts of the mission of the experimental stations.
S.C. Code Ann. § 46-35-20 — SC Code / Title 46 / Chapter 35 / Section 46-35-20
SECTION 46-35-20. Petition for removal or destruction of trees.
Status: in_force

Within twenty days from the time the circuit solicitor receives from the Commission a report, he shall prepare from the report and from the findings in it a petition to the circuit court of the county where the orchard is located for an order for the removal or destruction of the neglected or abandoned orchard trees. The petition shall set forth a description of the property, the name of the owner or person in charge or possession of the property and the name of the pest or other conditions which constitute a menace to the fruit growing industry of the State.
S.C. Code Ann. § 46-19-210 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-210
SECTION 46-19-210. Commissioner authorized to establish and supervise program.
Status: in_force

The Commissioner of Agriculture of the State of South Carolina, herein referred to as "Commissioner," acting by and through employees of the Department of Agriculture of South Carolina, herein referred to as "Department" is hereby authorized to establish and supervise a Roadside Market Incentive Program, herein referred to as the "program," designed to create, establish and improve the quality of roadside markets and promote fair and sanitary marketing practices throughout the roadside markets in the State.
S.C. Code Ann. § 46-29-20 — SC Code / Title 46 / Chapter 29 / Section 46-29-20
SECTION 46-29-20. Fraudulent packing.
Status: in_force

Any person who shall knowingly and wilfully pack into any bag or bale of cotton any stone, wood, trash cotton, cottonseed, water or any matter or thing whatsoever or cause such packing to be done, with the intent and purpose of cheating or defrauding any person whomsoever in the sale of such cotton, or who shall exhibit or offer for sale any bag or bale of cotton so fraudulently packed, at the time of such exhibit or offer for sale any such bag or bale of cotton knowing it to be so fraudulently packed, shall on conviction thereof be sentenced to pay a fine of not more than five hundred dollars nor less than twenty dollars and to be imprisoned for a term of not more than six months nor less than one month.
S.C. Code Ann. § 46-13-60 — SC Code / Title 46 / Chapter 13 / Section 46-13-60
SECTION 46-13-60. Standards for certification of pesticide applicators; applicators' licenses.
Status: in_force

The director may prescribe standards for the certification of applicators of pesticides. The standards must conform with the standards for certification as specified by Section 4, Public Law 92-516. The standards for certification of private applicators of restricted use pesticides do not become effective except as becomes necessary under Section 4, Public Law 92-516 and the resulting regulations established under that law. (1) Private applicators: (a) No "private applicator" may use or supervise the use of a "restricted use pesticide" which is restricted to use by "certified applicators" without that private applicator first complying with the certification requirements necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use. (b) Certification standards to determine the individual's competency with respect to the use of the pesticide or class of pesticides the private applicator is to be certified to use must be promulgated by the director. (i) To be certified as a private applicator to use "restricted use pesticides" (categorized for this examination requirement) the applicant is required to pass a written or oral examination or otherwise demonstrate his competency with respect to the use of the pesticide or category of pesticides covered by his certification before purchase and use of the product. (ii) Applications for a private applicator's license must be in the form and must contain the information prescribed by the director. Each application must be accompanied by a fee equaling two dollars a valid year. All licenses issued under this chapter expire on December thirty-first of the year that the license is dated to expire. (iii) Private applicator licenses, issued by the director, are valid for a period as prescribed by the director in regulations. The director may renew a private applicator license without reexamination. The director by regulation shall establish provisions, which do not include reexamination unless required to do so by federal law, to ensure that private applicators continue to meet the requirements of changing technology and to ensure a continuing level of competence and ability to use pesticides safely and properly. (iv) If the director does not issue or renew a private applicator's license, he shall inform the applicant in writing of the reasons therefor. The applicant is eligible for reexamination after thirty days. (2) Other applicators: (a) Application for a license must be made in writing to the director on a designated form obtained from the director's office. Each application for a license must contain information regarding the applicant's qualifications and proposed operations, the type of license (commercial or noncommercial), the license classification for which the applicant is applying, and must include the following: (i) the full name of the person applying for the license; (ii) the principal business address of the applicant in the State and elsewhere; (iii) the name and address of a person, who may be the Secretary of State, whose domicile is in the State, and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant; (iv) the type of equipment (excluding manually powered equipment) used by the applicant to apply pesticides. (b) The director may not issue a commercial or noncommercial applicator's license until the individual who uses or supervises the use of a restricted use pesticide is certified by passing an examination to demonstrate to the director his knowledge of how to use and supervise the use of pesticides under the classifications he has applied for, and his knowledge of the nature and effect of pesticides he may apply under those classifications. (c) If the deputy director finds the applicant qualified to use and supervise the use of pesticides in the classifications he has applied for, and if an applicant applying for a commercial applicator license files the evidence of financial responsibility required under Section 46-13-100, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency, the Division of Aeronautics of the Department of Commerce for the State, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the deputy director shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the deputy director for cause. The deputy director may limit the license of the applicant to the use of certain areas, or to certain types of equipment if the applicant is only so qualified. (d) An applicator license issued to an individual representing a government entity or a corporation, partnership, sole proprietorship, or other juridical person, is valid only so long as that individual satisfying the examination requirement of Section 46-13-60(2)(b) is employed by the business, or is an official or employee of the governmental entity. A licensee shall notify the director within thirty days of the date of invalidation of a license pursuant to this provision. Supervision required by a licensee pursuant to this chapter must be performed only by an individual satisfying the examination requirement of Section 46-13-60(2)(b). (3) All persons: (a) No person (including officials or employees of federal, state, or local government) may use or supervise the use of a restricted use pesticide without a private, commercial, or noncommercial applicator license issued by the director. (b) An annual fee of fifty dollars for each pesticide applicator's license issued to each office at which records relative to the sale or application of pesticides are maintained is required. Payment of this annual fee permits the certification of one individual under any or all of the classifications. A five dollar annual fee is required to certify each additional applicant who desires to be certified in any one classification. Noncommercial applicators are exempt from all fee requirements. (c) If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons for the denial. (d) An applicant is eligible for reexamination after thirty days. (e) The license of an applicator whose financial responsibility, as required by Section 46-13-100 lapses, expires, or otherwise ceases to comply is suspended automatically until proof of continuing responsibility is provided by the applicator. It is unlawful for the person to engage in the business of applying pesticides until the financial responsibility is brought into compliance with the requirements of Section 46-13-100, and his license is reinstated by the director. If the applicator fails to reinstate his financial responsibility within three months or his applicator's license expires sooner, his license automatically is revoked and must not be restored until he has complied with the requirements of this section.
S.C. Code Ann. § 46-21-55 — SC Code / Title 46 / Chapter 21 / Article 1 / Section 46-21-55
SECTION 46-21-55. Exemptions.
Status: in_force

(A) The provisions of Sections 46-21-215 and 46-21-217 do not apply to: (1) seed or grain not intended for sowing purposes; (2) seed in storage in, or being transported or consigned to a cleaning or conditioning establishment for cleaning or conditioning, provided, that the invoice or label accompanying a shipment of said seed bears the statement "seeds for conditioning"; and provided that any labeling or other representation which may be made with respect to the uncleaned or unconditioned seed shall be subject to this chapter; or (3) a carrier in respect to seeds transported or delivered for transport in the ordinary course of its business as a carrier; provided, that the carrier is not engaged in producing, conditioning, or marketing seeds subject to the provisions of this chapter. (B) A person is not subject to the penalties of this chapter for having sold or offered for sale seed subject to provisions of this chapter which were incorrectly labeled or represented as to kind, species, and subspecies, if appropriate, variety, type, or origin, if required, which seeds cannot be identified by examination, unless he has failed to obtain an invoice, genuine growers declaration, or other labeling information and to take precautions as may be reasonable to insure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed.
S.C. Code Ann. § 46-55-20 — SC Code / Title 46 / Chapter 55 / Section 46-55-20
SECTION 46-55-20. Hemp licenses; license requirements.
Status: in_force

(A)(1) It is unlawful for a person to cultivate, handle, or process hemp in this State without a hemp license issued by the department pursuant to the state plan. (2) The department may charge application, license, and renewal of license fees reasonably calculated by the department to pay the cost of administering this chapter. Licensing fees for cultivators and handlers shall not exceed one thousand dollars annually per registrant, and licensing fees for processors shall not exceed the cost calculated by the department of the processor licensing program. Fees collected by the department pursuant to this item shall continuously be appropriated to the department for the purposes of carrying out the duties of the South Carolina industrial hemp program under this chapter. (3) Any person seeking to cultivate, handle, or process hemp shall undergo a state criminal records check, supported by fingerprints, by the State Law Enforcement Division and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The State Law Enforcement Division is authorized to retain fingerprints for certification purposes and for notification of the department regarding criminal charges. No person who has been convicted of a felony relating to a controlled substance under state or federal law during a ten-year period from the date of his conviction shall be eligible to obtain a license to cultivate, handle, or process hemp. (4) Any person who materially falsifies any information contained in an application to participate in the program established herein shall be ineligible to participate. (5) The commissioner shall make information regarding a licensee and that information described in subsection (B)(1) accessible in real time to federal, state, and local law enforcement. (B)(1) A person applying for a license to cultivate hemp shall provide to the department a legal description and global positioning coordinates sufficient to locate the fields or greenhouses used to cultivate hemp. (2) A person applying for a license to cultivate, handle, or process hemp shall provide the department with prior written consent: (a) allowing representatives of the department, the State Law Enforcement Division, and local law enforcement agencies to enter onto all premises where hemp is cultivated, handled, processed, or stored for the purpose of conducting physical inspections, obtaining samples of hemp or hemp products, or otherwise ensuring compliance with the requirements of state law and any administrative regulations promulgated by the department; and (b) to the testing procedure set forth in the state plan, using post-decarboxylation or other similarly reliable methods, delta-9 THC concentration levels of hemp produced in the State. Editor's Note 2019 Act No. 14, SECTION 3, provides as follows: "SECTION 3. (A) The forty 2019 licenses issued pursuant to Chapter 55, Title 46 prior to the effective date of this act shall be valid for the term of the licenses, under the terms and conditions under which the licenses were issued, except that, upon the approval of the South Carolina Department of Agriculture, each licensee may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes. "(B) Notwithstanding the provisions of Section 46-55-20(B)(3), as amended by this act, as of the date licenses were issued for 2019, the South Carolina Department of Agriculture may issue additional licenses for 2019 to any applicant that met the licensing criteria but was denied solely because the department had already issued the legally permitted number of licenses for the year. Licenses issued pursuant to this subsection shall be for the same term, and under the same terms and conditions, under which the forty licenses identified in subsection (A) were issued. Licensees pursuant to this subsection also may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes upon the approval of the South Carolina Department of Agriculture. "(C) The law under which licenses are issued shall be in full force and effect for those licenses during the term of the licenses." Effect of Amendment 2017 Act No. 37, SECTION 1, rewrote the section, creating the South Carolina Industrial Hemp Program. 2019 Act No. 14, SECTION 1, rewrote the section, which had related to the South Carolina Industrial Hemp Program, research, permits, and regulations.
S.C. Code Ann. § 46-1-130 — SC Code / Title 46 / Chapter 1 / Section 46-1-130
SECTION 46-1-130. Burial of migrant agricultural workers.
Status: in_force

(a) Notwithstanding any other provisions of the law, any person having knowledge of the death of a person who engages in seasonal agricultural work as his primary source of income and does not normally return to his permanent place of residence each night shall, without delay, report the fact of such death to the Department of Health and Environmental Control in the county in which the body is located together with any information he may possess respecting the deceased including his identity, place of employment, permanent residence, and the name, address, and telephone number of any relatives. The County Department of Health and Environmental Control shall within a reasonable amount of time of receiving such report transmit to the State Department of Health and Environmental Control notice of the death of the deceased worker and information pertaining thereto. The State Department of Health and Environmental Control shall upon such notification make every effort to inform the nearest relative of such death. (b) In the event that the identity of the deceased cannot be determined within a reasonable period of time, or in the event that the body of the deceased is unclaimed seven days after death, or in the event that the estate or the relatives are unable to provide for the burial of the deceased, the Department of Health and Environmental Control is authorized to allocate a sum of not more than three hundred and fifty dollars for the burial of such worker. (c) In the event that the estate or the relatives of the deceased are able to provide for the burial but are unable to provide for the transportation of the body of the deceased to his legal residence or the legal residence of the relatives, the Department of Health and Environmental Control is authorized to allocate a sum of not more than two hundred dollars to defray the transportation expenses. (d) The Department of Health and Environmental Control is authorized to file a claim with the Social Security Administration for reimbursement of the maximum amount allowable in behalf of the deceased and to use such funds or any assets belonging to the deceased to defray the burial or transportation expenses.
S.C. Code Ann. § 46-13-240 — SC Code / Title 46 / Chapter 13 / Section 46-13-240
SECTION 46-13-240. Federal, interstate, and intrastate cooperation.
Status: in_force

The Director may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter and in order: A. To secure uniformity of regulations; B. To cooperate in the enforcement of the Federal Pesticide Control Laws through the use of state and federal personnel and facilities and to implement cooperative enforcement programs; C. To develop and administer state programs for training and certification of certified applicators consistent with federal standards; D. To contract for training with other agencies including federal agencies for the purpose of training certified applicators; E. To contract for monitoring pesticides for the national plan; F. To prepare and submit state plans to meet federal certification standards; and G. To regulate certified applicators.
S.C. Code Ann. § 46-17-380 — SC Code / Title 46 / Chapter 17 / Section 46-17-380
SECTION 46-17-380. Records, audits, and financial statements.
Status: in_force

(A) The commission and the commodity board shall keep, separately for each agreement and order in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid-outs, monies, and other financial transactions made pursuant to an order or agreement, and the records must be audited at least annually in accordance with generally accepted auditing standards. The books and accounts maintained under every such agreement and order must be closed as of the last day of each fiscal year of the State. (B) A copy of every audit must be delivered within thirty days after completion to the Governor, the commission, the State Auditor, and the commodity board of the agreement or order concerned.
S.C. Code Ann. § 46-27-460 — SC Code / Title 46 / Chapter 27 / Article 7 / Section 46-27-460
SECTION 46-27-460. Certificate of analyst as prima facie evidence.
Status: in_force

In all prosecutions in the courts of this State arising under the provisions of Articles 1 to 9 of this chapter and the regulations made in accordance therewith, the certificate of the analyst or other officer making the analysis or examination when duly sworn to and subscribed by such analyst or officer shall be prima facie evidence of the facts therein certified.
S.C. Code Ann. § 46-9-20 — SC Code / Title 46 / Chapter 9 / Section 46-9-20
SECTION 46-9-20. Appointment of State Entomologist and State Plant Pathologist.
Status: in_force

The commission may appoint an entomologist, known as the State Entomologist, and a plant pathologist, known as the State Plant Pathologist, who serve at the pleasure of the commission. The entomologist and pathologist shall advise, within their respective areas of expertise, the commission in the performance of its duties.
S.C. Code Ann. § 46-49-10 — SC Code / Title 46 / Chapter 49 / Section 46-49-10
SECTION 46-49-10. Definitions.
Status: in_force

As used in this chapter, unless otherwise stated or the context of the subject matter clearly indicates otherwise: (1) "Person" means an individual, partnership, corporation, association, or other business entity. (2) "Distributor" means one or more of the persons listed in this item wherever located or operating, within or without South Carolina, doing business and engaged in receiving, producing, processing, manufacturing, subdistributing, distributing, marketing, or handling one or more of the products covered by this chapter and offering the products for sale in this State. Distributor means a person, whether or not a producer, except a distributor who sells less than one hundred gallons of fluid milk products a day produced on his own farm, who: (a) receives, processes, manufactures, and packages products covered by this article for human consumption; (b) offers for sale products covered by this chapter at wholesale or retail; (c) operates a store or other establishment from which products covered by this chapter are offered for sale at retail. (3) "Producer" means a person, whether or not the person also is a distributor or member or a producer association who produces milk for sale as fluid milk in the State. (4) "Independent producer" means a producer who is not a member of a producer association or association of producers. (5) "Market" means a county or group of counties within this State, including the State as a whole. (6) "Producer association or association of producers" means a cooperative association of producers incorporated and existing under the cooperative laws of South Carolina or an association incorporated and existing under similar laws of another state, which is authorized to do business in South Carolina and which the board determines to have full authority for the sales of milk and dairy products of its members. (7) "Store" means an establishment which purchases or otherwise acquires in processed and packaged form one or more of the products covered by this chapter for use or resale for human consumption. (8) "Licensee" means a person required to obtain a license by this chapter and who is a de facto licensee under this chapter. (9) "Milk" means the clean lacteal secretion obtained by the complete milking of one or more healthy cows, including milk cooled, pasteurized, standardized, or otherwise processed with a view of selling it as fluid milk, cream, skimmed milk, cultured milk, or as another fluid milk product. (10) "Doing business" means the engaging in or the transaction of activity in this State for financial profit or gain. (11) "Department" means the South Carolina Department of Agriculture.
S.C. Code Ann. § 46-19-130 — SC Code / Title 46 / Chapter 19 / Article 3 / Section 46-19-130
SECTION 46-19-130. Power to condemn and borrow.
Status: in_force

In order to enable any county or municipality or combination of them to acquire a site or sites for the purposes specified in this article, they shall have the power of eminent domain. The counties or municipal corporations by their appropriate officers may secure the purchase price of any property and equipment that may be purchased for the purposes by a first mortgage on the property and equipment and may borrow money and receive and administer grants from the government of the United States under any administration or agency of the United States government and may comply with all the terms and conditions necessary to borrow the money.
S.C. Code Ann. § 46-53-30 — SC Code / Title 46 / Chapter 53 / Section 46-53-30
SECTION 46-53-30. Affirmative defense; assumption of the risk.
Status: in_force

In an action for damages against an agritourism professional for an injury to or death of a participant, the agritourism professional may plead assumption of the risk of an agritourism activity as an affirmative defense.
S.C. Code Ann. § 46-17-330 — SC Code / Title 46 / Chapter 17 / Section 46-17-330
SECTION 46-17-330. Levy of assessments; payment and collection.
Status: in_force

Each marketing order and agreement shall prescribe the time, place, and method for payment and collection of assessments upon any uniform basis applicable alike to all producers subject to such assessment. For such purposes the Commission may take such action and means as provided by the order or agreement to collect such assessment. Unless otherwise provided in any marketing order or agreement, assessments payable by producers shall be paid prior to the time when the affected unit is shipped off the farm, and assessments payable to handlers shall be paid prior to the time when the affected units are received by or for the account of the first handler. No affected units shall be transported, sold, marketed or otherwise handled or disposed of until every due assessment has been paid and the receipt issued.
S.C. Code Ann. § 46-27-610 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-610
SECTION 46-27-610. Commissioner may suspend sales of feed.
Status: in_force

If at any time the Commissioner or his duly authorized representative shall have reason to believe that any commercial feed offered or exposed for sale in this State does not comply with the requirements of Articles 1 to 9 of this chapter, as to the ingredients or substances of such commercial feed, he shall by written order suspend the sale of it until he shall have satisfied himself that such commercial feed is made up or compounded as required by such articles. If he shall find that such commercial feed does not comply with such articles, then he is authorized to proceed with regard to it as provided in Sections 46-27-620 to 46-27-640.
S.C. Code Ann. § 46-53-20 — SC Code / Title 46 / Chapter 53 / Section 46-53-20
SECTION 46-53-20. Limitations on liability of agritourism professional for injury or death resulting from inherent risk of agritourism activity.
Status: in_force

An agritourism professional is not liable for an injury to or the death of a participant resulting from an inherent risk of an agritourism activity, and no participant or participant's representative may make a claim against, maintain an action against, or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting from an inherent risk of an agritourism activity unless the agritourism professional: (1) intentionally injured or caused the death of the participant or committed an act or omission that constitutes wilful, wanton, or reckless disregard for the safety of the participant and that act or omission caused the injury or death; or (2) owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries or death because of a dangerous latent condition which was known or should have been known to the agritourism professional.
S.C. Code Ann. § 46-27-70 — SC Code / Title 46 / Chapter 27 / Article 1 / Section 46-27-70
SECTION 46-27-70. Rules and regulations of Commissioner.
Status: in_force

The Commissioner shall from time to time prescribe and publish regulations for carrying out the provisions of Articles 1 to 9 of this chapter.
S.C. Code Ann. § 46-40-80 — SC Code / Title 46 / Chapter 40 / Section 46-40-80
SECTION 46-40-80. Single payment restriction.
Status: in_force

No grain dealer is entitled to be paid more than once from any state guaranty fund for any losses incurred as a result of the bankruptcy of this debtor.
S.C. Code Ann. § 46-3-170 — SC Code / Title 46 / Chapter 3 / Section 46-3-170
SECTION 46-3-170. Suits by and against Commissioner and venue.
Status: in_force

The Commissioner may sue or be sued in the courts upon the same terms as any other person, the action to be against or by the Commissioner as representative of the State. Suits may be brought in Richland County or in the county in which the cause of action accrued.
S.C. Code Ann. § 46-33-20 — SC Code / Title 46 / Chapter 33 / Section 46-33-20
SECTION 46-33-20. Bond required on out-of-state shipments into State.
Status: in_force

Before any such person engaged in the nursery business at a place without this State, in a state which does not recognize and accept the inspection made by the Commission on shipments made from this State, shall be permitted to sell or deliver trees or plants within this State he shall execute a bond in the sum of five thousand dollars and file same with the Commission. The bond shall be in the form prescribed by the Commission and conditioned upon such person conforming to all the rules, regulations and requirements of the Commission. The Commission shall prepare and furnish all forms necessary to carry out the provisions of this section.
S.C. Code Ann. § 46-57-20 — SC Code / Title 46 / Chapter 57 / Section 46-57-20
SECTION 46-57-20. Definitions; home-based food production; labels; direct sales.
Status: in_force

(A) For the purposes of this section: (1) "Home-based food production operation" means an individual, operating out of the individual's dwelling, who prepares, processes, packages, stores, and distributes nonpotentially hazardous foods for sale directly to a person. (2) "Nonpotentially hazardous foods" means candy and baked goods that are not potentially hazardous foods. (3) "Person" means an individual consumer. (4) "Potentially hazardous foods" means: (a) an animal food that is raw or heat treated, a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes, or mixtures of cut tomatoes not modified to prevent microorganism growth or toxin formation, or garlic in oil mixtures not modified to prevent microorganism growth or toxin formation; (b) certain foods that are designated as Product Assessment Required (PA) because of the interaction of the pH and Aw values in these foods. Below is a table indicating the interaction of pH and Aw for control of spores in food heat treated to destroy vegetative cells and subsequently packaged: Foods in item (2) with a pH value greater than 5.6 and foods in item (3) with a pH value greater than 4.6 are considered potentially hazardous unless a product assessment is conducted pursuant to the 2009 Federal Drug Administration Food Code. (B) The operator of the home-based food production operation must take all reasonable steps to protect food items intended for sale from contamination while preparing, processing, packaging, storing, and distributing the items including, but not limited to: (1) maintaining direct supervision of any person, other than the operator, engaged in the processing, preparing, packaging, or handling of food intended for sale; (2) prohibiting all animals, including pets, from entering the area in the dwelling in which the home-based food production operation is located while food items are being prepared, processed, or packaged and prohibiting these animals from having access to or coming in contact with stored food items and food items being assembled for distribution; (3) prohibiting all domestic activities in the kitchen while the home-based food production operation is processing, preparing, packaging, or handling food intended for sale; (4) prohibiting any person who is infected with a communicable disease that can be transmitted by food, who is a carrier of organisms that can cause a communicable disease that can be transmitted by food, who has an infected wound, or who has an acute respiratory infection from processing, preparing, packaging, or handling food intended for sale by the home-based food production operation; and (5) ensuring that all people engaged in processing, preparing, packaging, or handling food intended for sale by the home-based food production operation are knowledgeable of and follow safe food handling practices. (C) Each home-based food production operation shall maintain a clean and sanitary facility to produce nonpotentially hazardous foods including, but not limited to: (1) department-approved water supply; (2) a separate storage place for ingredients used in foods intended for sale; (3) a properly functioning refrigeration unit; (4) adequate facilities, including a sink with an adequate hot water supply to meet the demand for the cleaning and sanitization of all utensils and equipment; (5) adequate facilities for the storage of utensils and equipment; (6) adequate hand washing facilities separate from the utensil and equipment cleaning facilities; (7) a properly functioning toilet facility; (8) no evidence of insect or rodent activity; and (9) department-approved sewage disposal, either on-site treatment or publicly provided. (D) All food items packaged at the operation for sale must be properly labeled. The label must comply with federal laws and regulations and must include: (1) the name and address of the home-based food production operation; (2) the name of the product being sold; (3) the ingredients used to make the product in descending order of predominance by weight; and (4) a conspicuous statement printed in all capital letters and in a color that provides a clear contrast to the background that reads: "NOT FOR RESALE PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS." (E) Home-based food operations only may sell, or offer to sell, food items directly to a person for his own use and not for resale. A home-based food operation may not sell, or offer to sell, food items at wholesale. Food produced from a home-based food production operation must not be considered to be from an approved source, as required of a retail food establishment pursuant to Regulation 61-25. (F) A home-based food production operation is not a retail food establishment and is not subject to regulation by the department pursuant to Regulation 61-25. (G) The provisions of this section do not apply to an operation with net earnings of less than five hundred dollars annually but that would otherwise meet the definition of a home-based food operation provided in subsection (A)(1).
S.C. Code Ann. § 46-13-220 — SC Code / Title 46 / Chapter 13 / Section 46-13-220
SECTION 46-13-220. Delegation of authority to employees of Clemson University.
Status: in_force

The functions vested in Clemson University by this chapter may, from time to time, be delegated to such employees of Clemson University as may be designated by the Director.
S.C. Code Ann. § 46-21-345 — SC Code / Title 46 / Chapter 21 / Article 5 / Section 46-21-345
SECTION 46-21-345. Free seed test for residents; charge for testing for in-state entities and out-of-state residents and entities.
Status: in_force

A resident of this State may have samples of seeds tested for germination and purity free of charge in the State Seed Laboratory. In state firms, corporations, and other entities submitting seed samples for testing by the State Seed Laboratory must be charged at a rate established by regulation. Out-of-state individuals and entities will be charged at a similar rate. Charges for special tests performed by the State Seed Laboratory also must be established by regulation. All tests used must be established by the Association of Official Seed Analysts (AOSA) through the Rules for Testing Seed. The fees charged for these seed tests must be retained by the Department of Agriculture for the purposes of carrying out the provisions of this chapter.
S.C. Code Ann. § 46-3-210 — SC Code / Title 46 / Chapter 3 / Section 46-3-210
SECTION 46-3-210. Revocation of registrations or licenses; bond to stay revocation.
Status: in_force

Pending final adjudication no such registration or license shall be revoked, provided the person concerned shall furnish bond satisfactory to the Commissioner in the amount of two hundred dollars.
S.C. Code Ann. § 46-21-45 — SC Code / Title 46 / Chapter 21 / Article 1 / Section 46-21-45
SECTION 46-21-45. License to handle seeds; fee; persons subject to requirements of section; exception.
Status: in_force

(A) A person, except as provided in subsection (D), before selling, distributing for sale, offering for sale, exposing for sale, handling for sale, or soliciting orders for the purchase of agricultural, vegetable, or flower seed, or mixture thereof, shall first register each place of business in this State with the Department of Agriculture. The application for a seed license shall include the name and location of each place of business at which the seed is sold, distributed for sale, offered for sale, exposed for sale, or handled for sale. The application for a seed license must be accompanied by an annual license fee for each place of business based on the gross receipts from the sale of seed for the last preceding license year. The fees must be set forth in the regulations promulgated pursuant to this chapter. For places of business not previously in operation, the fee will be based on anticipated receipts for the first license year. (B) Payment of the licensing fee and a written receipt from the department for the fee shall constitute a sufficient permit for the dealer to engage in or continue in the business of selling, distributing for sale, offering or exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, or flower seed within the State. (C) A person selling, distributing for sale, offering for sale, exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, or flower seed in the State, is subject to the requirements of this section. (D) The provisions of this chapter shall not apply to on-farm sales by farmers who sell uncleaned, unprocessed, unpackaged, and unlabeled seed.
S.C. Code Ann. § 46-13-80 — SC Code / Title 46 / Chapter 13 / Section 46-13-80
SECTION 46-13-80. Expiration and renewal of licenses.
Status: in_force

(A) All licenses provided for in this chapter expire December thirty-first of the year dated to expire. A person holding a current valid license may renew the license upon payment of applicable fees and without reexamination. (B) The director by regulation shall establish provisions, which may not include reexamination, unless required to do so under federal law, to ensure that certified applicators continue to meet the requirements of changing technology and to ensure a continuing level of competence and ability to use pesticides safely and properly. (C) If a license is not renewed by April first of the calendar year following its expiration, the licensee shall take another examination. If application for renewal of a license is not filed before January first annually, a penalty of twenty-five percent of the original fee must be assessed.
S.C. Code Ann. § 46-45-40 — SC Code / Title 46 / Chapter 45 / Section 46-45-40
SECTION 46-45-40. Established date of operation.
Status: in_force

For the purposes of this chapter, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are expanded subsequently or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation of a previously established date of operation.
S.C. Code Ann. § 46-10-85 — SC Code / Title 46 / Chapter 10 / Section 46-10-85
SECTION 46-10-85. Certification of cotton growers' organization; eligibility requirements; certifying resolution; revocation.
Status: in_force

(A) The commission may certify a cotton growers' organization for the purpose of entering into agreements with the State of South Carolina, other states, and federal agencies as may be necessary to carry out the purposes of this chapter. A cotton growers' organization may apply to the commission for certification. In order to be eligible for certification by the commission, an organization must demonstrate to the satisfaction of the commission that: (1) It is a nonprofit organization and may qualify as a tax exempt organization under Section 501(a) of the Internal Revenue Code of 1954 [26 USC 501(a)]; (2) Membership in the organization is open to all cotton growers in this State; (3) The organization has only one class of members with each member entitled to only one vote; (4) The organization's board of directors is composed of five cotton growers from this State being appointed by the commission on recommendation of the Director, and in accordance with the grower organization's bylaws, for a one year term. Their successors shall be elected for two year terms by the members of the approved cotton growers' organization. The Director or his designee shall also serve on the board; (5) All books and records of account and minutes of proceedings of the organization are available for inspection or audit by the Director or his representative at any reasonable time; (6) Employees or agents of the growers' organization who handle funds of the organization are adequately bonded. (B) Upon determination by the commission that the organization meets the requirements of subsection (A), the commission must adopt a resolution certifying the organization as the official boll weevil eradication organization. The commission may certify only one organization but may revoke the certification of the organization if at any time the organization fails to meet the requirements of this chapter.
S.C. Code Ann. § 46-30-230 — SC Code / Title 46 / Chapter 30 / Article 3 / Section 46-30-230
SECTION 46-30-230. South Carolina Tobacco Community Development Board.
Status: in_force

(A) There is created the South Carolina Tobacco Community Development Board. The board is composed of the following fourteen members: (1) Governor who shall serve as chairman; (2) Commissioner of Agriculture who shall serve as vice-chairman; (3) Attorney General who shall serve as secretary; (4) one member of the State Senate to be appointed by the President of the Senate; (5) one member of the House of Representatives to be appointed by the Speaker of the House of Representatives; (6) two members of the state's congressional delegation selected by a majority of the delegation with each member having one vote; (7) six active flue-cured tobacco farmers of the State to be appointed by the Governor; and (8) one citizen of the State with a distinguished record of public service to be appointed by the Governor. (B) The chairman, vice-chairman, secretary, and congressional members serve by virtue of their office. The Senate and House members serve at the pleasure of the President of the Senate and the Speaker of the House of Representatives, respectively. The members of the board appointed by the Governor serve at the Governor's pleasure. (C) Members serve for a term of four years and until their successors are appointed and qualify. A vacancy on the board must be filled in the same manner as the original appointment for the remainder of the term. A member is not eligible to serve more than two successive four-year terms; however, two additional terms may be served by a member appointed to fill a vacancy when the remainder of that term is three years or less. (D) Notwithstanding the provisions of subsection (C), the initial members of the board listed below shall serve a two-year term: (1) one member of the congressional delegation; (2) three of the tobacco farmers; and (3) the citizen with a distinguished record of public service. The other initial members of the board shall serve a four-year term. Successors to each member whose term has expired shall then serve a four-year term. (E) Members of the board serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. (F) Notwithstanding any other provision of law, tobacco farmers may serve on the board; provided, however, members of the board and its employees are subject to the provisions of Chapter 13 of Title 8 of the 1976 Code, the Ethics, Government Accountability and Campaign Reform Act, and Chapter 17 of Title 2 of the 1976 Code, the Lobbyist Reform Act.
S.C. Code Ann. § 46-25-710 — SC Code / Title 46 / Chapter 25 / Article 9 / Section 46-25-710
SECTION 46-25-710. Analyses of official samples; inspectors, chemists and other personnel; reports.
Status: in_force

The commission shall cause one or more analyses to be made annually of such commercial fertilizers sold, or offered for sale under the provisions of this chapter, as may be sampled under its direction and in accordance with such regulations as it may adopt. For this purpose, the commission, or a committee thereof, shall appoint or cause to be appointed a sufficient number of administrative personnel, inspectors, and chemists who shall procure and analyze and otherwise experiment with samples of such commercial fertilizers in accordance with the methods prescribed by the commission or its duly authorized agent and who shall perform such other duties as the commission may direct. The analyses of all officially drawn samples will be compiled annually and published as directed by the commission.
S.C. Code Ann. § 46-41-200 — SC Code / Title 46 / Chapter 41 / Article 2 / Section 46-41-200
SECTION 46-41-200. Establishment of South Carolina Grain and Cotton Producers Guaranty Fund.
Status: in_force

There is created within the State Treasury a fund to be known as the "South Carolina Grain and Cotton Producers Guaranty Fund" (fund). Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments." Effect of Amendment 2022 Act No. 181, SECTION 1, inserted "and Cotton" following "South Carolina Grain".
S.C. Code Ann. § 46-10-130 — SC Code / Title 46 / Chapter 10 / Section 46-10-130
SECTION 46-10-130. Assessments and penalties against cotton growers.
Status: in_force

(A) Each commercial cotton grower in this State is assessed an annual uniform fee determined by the commission not to exceed ten dollars an acre subject to change as provided in Section 46-10-120. The assessment must be utilized by the commission to carry out this chapter. The funds must be remitted promptly to the organization certified according to this chapter under terms and conditions the commission considers necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests. The certified organization shall provide to the division an annual audit of its accounts performed by a certified public accountant. The assessments collected by the commission under this chapter are not state funds. (B) A cotton grower who fails to pay when due and upon reasonable notice an assessment levied under this chapter is subject to a penalty of not more than twenty-five dollars an acre, established in the commission regulations, in addition to the assessment. (C) A cotton grower who fails to pay an assessment including penalties within fifteen days of notice of a penalty shall destroy cotton plants growing on his acreage which are subject to the assessment. Cotton plants not destroyed are a public nuisance. The director may apply to a court of competent jurisdiction to abate and prevent the nuisance. The director is not required to file a bond. Upon judgment and order of the court, the nuisance is condemned and must be destroyed in the manner it directs. This injunctive relief is available to the director in addition to and does not preclude other legal remedies. (D) For a first delinquency, an assessment and penalties not paid by the cotton grower within thirty days of the notice of a penalty automatically operate as a lien upon crops growing upon the land, or otherwise in the possession, of the grower until the assessment and penalties are paid in full. For a subsequent delinquency or for an unsatisfied crop lien, an assessment and penalties not paid by the grower within thirty days of the notice of a penalty automatically operate as a lien upon the real property he owns. These liens are of equal dignity with liens for taxes in favor of the State. The director may issue executions for collection of assessments in the manner executions are issued for ad valorem property taxes due the State. Sheriffs and deputies, upon request of the director, shall levy and collect executions and return them to the director in the manner tax executions are levied and returned to county tax collectors and tax commissioners. (E) The cotton grower is liable for court costs, fees, and other reasonable expenses incurred in the enforcement of this section.
S.C. Code Ann. § 46-21-425 — SC Code / Title 46 / Chapter 21 / Article 7 / Section 46-21-425
SECTION 46-21-425. Noncomplying seed may be seized and condemned and disposed of or destroyed.
Status: in_force

Agricultural, vegetable, or flower seed that is sold, offered, or exposed for sale or distribution in this State without complying with the requirements of Articles 1, 3, 5, and 7 of this chapter may be seized and condemned and disposed of or destroyed at the discretion of the Commissioner of Agriculture, or his authorized representative, and the proceeds from the sale must be deposited into the state treasury for the use of the Department of Agriculture. The Commissioner may in his discretion release the seed withdrawn when the requirements of this chapter have been complied with and upon payment of all the costs or expenses incurred in a proceeding connected with seizure and withdrawal.
S.C. Code Ann. § 46-10-50 — SC Code / Title 46 / Chapter 10 / Section 46-10-50
SECTION 46-10-50. Quarantines; hearings and notice.
Status: in_force

The commission may quarantine this State or any portion thereof when it shall determine that such action is necessary to prevent or retard the spread of a pest within or from this State and to quarantine any other state or portion thereof whenever it determines that a pest exists therein and that such action is necessary to prevent or retard its spread into this State. Before promulgating its determination that a quarantine is necessary, the commission shall, after due notice to interested parties, hold a public hearing under such rules as it shall promulgate, at which hearing any interested party may appear and be heard either in person or by attorney. The commission may impose a temporary quarantine for a period not to exceed ninety days during which time a public hearing, as provided herein, shall be held if it appears that a quarantine for more than the ninety-day period will be necessary to prevent or retard the spread of the pest. The commission shall give notice of the establishment of the quarantine in such newspapers in the quarantined area as it may select. The commission may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area and may without further hearing extend the regulated area to include additional portions of the quarantined area upon publication of a notice to that effect in such newspapers in the quarantined area as it may select or by direct written notice to those concerned. Following establishment of the quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established within, from, into or through this State contrary to regulations promulgated by the commission. Notice of the regulations shall be published in such newspapers in the quarantined area as the commission may select. The regulations may restrict the movement of the pest and any regulated articles from the quarantined or regulated area in this State into or through other parts of this State or other states and from the quarantined or regulated area in other states into or through this State and shall impose such inspection, disinfection, certification or permit and other requirements as the commission deems necessary to effectuate the purposes of this chapter.
S.C. Code Ann. § 46-3-240 — SC Code / Title 46 / Chapter 3 / Section 46-3-240
SECTION 46-3-240. Enforcement of food and drug regulations.
Status: in_force

The Commissioner of Agriculture and all inspectors and chemists employed under Chapter 27 of this Title shall be charged with the enforcement of such regulations relating to food and drugs, in addition to those with which they are expressly charged by law, as the Department of Health and Environmental Control may issue under the authority of law. And such inspectors shall also assist in the enforcement of all of the provisions of this chapter.
S.C. Code Ann. § 46-7-60 — SC Code / Title 46 / Chapter 7 / Section 46-7-60
SECTION 46-7-60. Assent to act of Congress to further development of extension work.
Status: in_force

The assent of this State was given on March 15, 1929 to the provisions and requirements of an act of the Congress of the United States entitled "An Act to Provide for the Further Development of Agricultural Extension Work Between the Agricultural Colleges in the Several States Receiving the Benefits of the act entitled 'An Act Donating Public Lands of the Several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,' Approved July 2, 1862, and all Acts Supplementary Thereto, and the United States Department of Agriculture," approved by the President May 22, 1928.
S.C. Code Ann. § 46-41-160 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-160
SECTION 46-41-160. Disposition of license fees.
Status: in_force

All moneys received as license fees shall be placed in the general fund of the State.
S.C. Code Ann. § 46-49-70 — SC Code / Title 46 / Chapter 49 / Section 46-49-70
SECTION 46-49-70. Violations and penalties.
Status: in_force

Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not more than thirty days, and each day during which the violation continues is considered a separate violation. Effect of Amendment 2017 Act No. 31, SECTION 7, deleted "or any regulations or orders promulgated pursuant to this chapter or any license issued by the department" following "of this chapter", and made nonsubstantive changes.
S.C. Code Ann. § 46-3-80 — SC Code / Title 46 / Chapter 3 / Section 46-3-80
SECTION 46-3-80. Duties of Commissioner.
Status: in_force

The Commissioner shall: (1) Be charged with all work looking to the promotion of agriculture and cattle raising, including the collection and publication of information in regard to localities, character, accessibility, cost and modes of utilization of soils and, more specifically, the inducement of capital to invest in agriculture and cattle raising by the dissemination of information relative to the advantages of soil and climate and other natural resources of the State; (2) Collect from the farmers and landowners of the State and list information as to lands, stating the number of acres, the location and the terms upon which they may be bought; and (3) Keep a land registry and in connection therewith from time to time issue a publication descriptive of such listed agricultural, forest and trucking lands as may be offered to the Department for sale or share, such publication to be in an attractive form, setting forth the county, township, number of acres, names and addresses of owners and such other information as may be helpful in placing inquiring homeseekers in communication with the landowners. But nothing in this section shall be construed to give the Commissioner the right to do scientific, educational or extension work in agriculture.
S.C. Code Ann. § 46-21-445 — SC Code / Title 46 / Chapter 21 / Article 7 / Section 46-21-445
SECTION 46-21-445. Penalty.
Status: in_force

A violation of the provisions of this chapter, other than Article 9, is deemed a misdemeanor and punishable by a fine of not more than one thousand dollars.
S.C. Code Ann. § 46-19-40 — SC Code / Title 46 / Chapter 19 / Article 1 / Section 46-19-40
SECTION 46-19-40. Supervision and assistance of department.
Status: in_force

The work of local marketing authorities shall be supervised by the department, and all local marketing authorities shall be entitled to the inspection, grading, buying and selling services of the department, as well as to all possible assistance in crop, land and soil selection, crop planting, fertilization, cultivation, harvesting and packing services and methods of financing. Provided, that no service presently being furnished by any other State agency shall be duplicated.
S.C. Code Ann. § 46-31-110 — SC Code / Title 46 / Chapter 31 / Section 46-31-110
SECTION 46-31-110. Annual statement of amounts received and disbursed.
Status: in_force

If the assessments are levied and collected as provided in this chapter, the treasurer of Tobacco Associates, Incorporated, shall, within sixty days after the end of any calendar year in which assessments are collected, publish a statement of the amounts received, collected, and disbursed by him during the year under the provisions of this chapter.
S.C. Code Ann. § 46-30-210 — SC Code / Title 46 / Chapter 30 / Article 3 / Section 46-30-210
SECTION 46-30-210. Definitions.
Status: in_force

As used in this article: (1) "Board" means the South Carolina Tobacco Community Development Board. (2) "Master Settlement Agreement" means the settlement agreement and related documents entered into on November 23, 1998, by the State and United States tobacco product manufacturers. The Master Settlement Agreement shall be transmitted by the Attorney General to the Secretary of State, maintained as a permanent record in the office of the Secretary of State, and be available as a copy or certified copy to members of the public, upon request and payment of copying costs. (3) "Tobacco grower" means an individual or entity who, during a base period established by the board, was one or more of the following: (a) the principal producer of tobacco for use in cigarettes on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281. This definition may include an operator, tenant, or sharecropper who shared in the risk of producing a crop and who was entitled to share in the revenues derived from marketing the cigarette tobacco crop from the farm; (b) a producer who owned a farm that produced tobacco for use in cigarettes pursuant to a lease and transfer to that farm of all or a part of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281. (c) a producer who rented farm land to produce tobacco for use in cigarettes under a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281. (d) In the event of the death of a "tobacco grower", "tobacco grower" also shall include the estate, any trust for family members, and any successors in interest of the tobacco grower" as established to the satisfaction of the board. (4) "Tobacco quota owner" means the owner of record of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281, during a base period established by the board. In the event of the death of a "tobacco quota owner", "tobacco quota owner" also shall include the estate, any trust for family members, and any successors in interest of the "tobacco quota owner" as established to the satisfaction of the board. (5) "Trust" means the National Tobacco Grower Settlement Trust.
S.C. Code Ann. § 46-37-50 — SC Code / Title 46 / Chapter 37 / Section 46-37-50
SECTION 46-37-50. Penalty.
Status: in_force

A person violating the provisions of this chapter or of the division or the commission is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.
S.C. Code Ann. § 46-3-230 — SC Code / Title 46 / Chapter 3 / Section 46-3-230
SECTION 46-3-230. Release of certain items from restraining orders.
Status: in_force

If any product, merchandise or equipment regulated by the Department of Agriculture is placed under a restraining order of or by the Commissioner of Agriculture, the Commissioner may release any such item upon compliance with, and payment of, all costs or expenses incurred in any proceeding pursuant to such order.
S.C. Code Ann. § 46-57-60 — SC Code / Title 46 / Chapter 57 / Section 46-57-60
SECTION 46-57-60. Enforcement of Regulation 61-25.
Status: in_force

The department may not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.
S.C. Code Ann. § 46-31-50 — SC Code / Title 46 / Chapter 31 / Section 46-31-50
SECTION 46-31-50. Ballots; poll holders; canvass and declaration of result.
Status: in_force

The board of directors of Tobacco Associates, Incorporated, shall prepare and distribute in advance of any such referendum all necessary ballots for the purpose thereof and shall under the rules and regulations promulgated by the board arrange for the necessary poll holders for conducting such referendum. Following any such referendum and within ten days thereafter the board of directors shall canvass and publicly declare the results of such referendum.
S.C. Code Ann. § 46-27-310 — SC Code / Title 46 / Chapter 27 / Article 5 / Section 46-27-310
SECTION 46-27-310. Labeling of commercial feeds.
Status: in_force

Every lot or parcel of commercial feed sold or offered or exposed for sale within this State shall have affixed thereto or printed thereon in a conspicuous place on the outside a legible and plainly printed statement in the English language clearly and truly certifying: (1) The weight of the package; (2) The name, brand or trademark under which the article is sold; (3) The name and address of the manufacturer, jobber or importer; (4) The name of each and all ingredients of which the article is composed; provided, that the Commissioner by regulation may permit the use of a collective term for a group of ingredients which perform a similar function or he may exempt such commercial feeds or any group thereof from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers; (5) A statement of the minimum percentage of crude protein, the minimum percentage of crude fat and the maximum percentage of crude fiber.
S.C. Code Ann. § 46-23-90 — SC Code / Title 46 / Chapter 23 / Section 46-23-90
SECTION 46-23-90. Delegation of duties to director.
Status: in_force

The commission shall delegate the duties provided in this chapter and other applicable chapters of this title to the director who may administer and enforce the provisions and promulgate related regulations. The director is the final decision authority in the designation and management of noxious weeds in the State. The director may hold public hearings at appropriate geographical locations after providing thirty days public notice in at least one newspaper of general circulation in the area. In making final decisions, the director may rely on the findings of any federal or state agencies involved.
S.C. Code Ann. § 46-3-90 — SC Code / Title 46 / Chapter 3 / Section 46-3-90
SECTION 46-3-90. Sale of marl or ground limestone.
Status: in_force

The Commissioner may make arrangements with any reliable manufacturer of crushed marl or ground limestone for the sale of such material to the citizens of this State at prices that shall be reasonable and will allow a reasonable profit on the cost of production. In the event of the failure of the Commissioner to make such arrangements, he shall, upon satisfying himself that such arrangements as are specified cannot be made, report such fact to the General Assembly next succeeding, together with definite recommendations for the mining of such material by the State with convict labor and furnishing it to the farmers of the State at a price that shall be as near the actual cost of production as possible. In the event an arrangement is made, the Commissioner shall make public the nature and terms of the arrangement and shall annually report to the General Assembly the full itemized details of any and all such sales made to farmers through the Department.
S.C. Code Ann. § 46-25-250 — SC Code / Title 46 / Chapter 25 / Article 3 / Section 46-25-250
SECTION 46-25-250. Revocation or refusal of registration for fraud.
Status: in_force

Where it shall appear to the commission that any registrant has been persistently fraudulent in his dealings, the commission may revoke or refuse to register such registrant.
S.C. Code Ann. § 46-41-220 — SC Code / Title 46 / Chapter 41 / Article 2 / Section 46-41-220
SECTION 46-41-220. Assessment on soybeans, grain, and cotton.
Status: in_force

An assessment of one cent a bushel must be imposed on all soybeans, one-half cent a bushel on all other grain delivered by producers, and fifty cents per bale of cotton. The assessment for soybeans and grain shall be collected at the first point of sale. The assessment for cotton shall be collected at the time and place of ginning. The grain assessment must be reported and remitted to the department by the grain dealer as of the calendar quarter in which the grain was delivered to the grain dealer, except as provided by Section 46-41-240. The cotton assessment must be reported and remitted to the department by the cotton gin as of the calendar quarter in which the cotton was ginned, except as provided by Section 46-41-240. The department shall remit the assessment to the State Treasurer to be credited to the fund. Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments." Effect of Amendment 2022 Act No. 181, SECTION 1, rewrote the section.
S.C. Code Ann. § 46-25-210 — SC Code / Title 46 / Chapter 25 / Article 3 / Section 46-25-210
SECTION 46-25-210. Registration of fertilizer; application; fee.
Status: in_force

(A) Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant. (1) A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the commission or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule: A new registrant shall pay a license fee of one hundred dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority. (2) All brands and grades of specialty fertilizer offered for sale, sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All specialty fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product. (B)(1) A person desiring to become a distributor of fertilizer as defined in this chapter, except for those distributing specialty fertilizers only in packages of forty pounds or less, shall obtain an annual permit from the commission before engaging in such business. The exception for specialty fertilizer sales does not include ammonium nitrate or urea as a single nutrient fertilizer. Permits shall not be required for persons distributing only specialty fertilizers in packages of forty pounds or less; however, no person shall distribute restricted fertilizers in any quantity without a restricted fertilizer permit. Applications for a permit to do such business in South Carolina shall be submitted on application forms furnished by the commission or its agent. Upon approval of the commission, a copy of the permit shall be furnished to the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits shall expire on June thirtieth of each year. (2) The two authorized categories of permits are a general fertilizer permit and a restricted fertilizer permit. A person who engages in the distribution of commercial fertilizers without a valid permit must have all commercial fertilizer placed under a stop sale order until a valid permit is obtained. (3) A general fertilizer permit authorizes the permit holder to engage in the distribution of commercial fertilizers except those determined by the commission to be restricted fertilizers as defined in this chapter. This permit category is included in the application of all fertilizer registrants. A person holding a general fertilizer permit may not engage in the distribution of restricted fertilizers. No fee will be charged for this permit. (4) A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to persons attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder must record a valid state or federal driver's license number, or other picture identification card number approved for purchaser identification use by the commission, for the purchaser of restricted fertilizer. This information and additional records as set forth by the commission must be maintained for a minimum of two years. A registrant may obtain this permit by indication of intent to distribute restricted fertilizers on the application for registration. No distributor or registrant shall supply restricted fertilizers to a distributor or other persons or entities for resale who do not hold a valid restricted fertilizer permit. The annual permit fee shall be two hundred fifty dollars. Fertilizer registrants shall not be subject to permitting fees. (5) Notwithstanding another provision of law, the Department of Motor Vehicles must provide to the director access to identifying information and drivers' license records as needed to verify the identity of permit holders and persons purchasing restricted fertilizer. For homeland security purposes, identifying information relating to the holder of a general or restricted fertilizer permit is exempt from disclosure under the Freedom of Information Act. (C) Except as provided in this section, a person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, is subject to the criminal penalties prescribed in Section 46-9-90(A) and the civil penalties prescribed by this chapter.
S.C. Code Ann. § 46-17-240 — SC Code / Title 46 / Chapter 17 / Section 46-17-240
SECTION 46-17-240. Compensation and expenses of board members.
Status: in_force

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 commodity board funds. The ex officio members shall be reimbursed by their departments or from funds of the Commission for the actual expenses incurred in the performance of duties.
S.C. Code Ann. § 46-55-40 — SC Code / Title 46 / Chapter 55 / Section 46-55-40
SECTION 46-55-40. Corrective action plans for violations of this chapter.
Status: in_force

(A)(1) A licensee in the South Carolina hemp program shall be required to conduct a corrective action plan if the commissioner, or his designee, determines that the licensee negligently violated a provision of this chapter, regulations promulgated pursuant to this chapter, or the state plan including, but not limited to: (a) failing to provide a legal description and global positioning coordinates of the land on which the licensee cultivates hemp; (b) failing to obtain a proper license or other required authorization from the commissioner; or (c) producing Cannabis sativa L. with more than the federally defined THC level for hemp. (2) A corrective action plan required pursuant to item (1) shall include a: (a) reasonable date by which the licensee shall correct the violation; and (b) requirement that the licensee shall periodically report to the commissioner on his compliance with this chapter and the state plan for a period of not less than the next two calendar years, to be determined by the commissioner. (3) The corrective action plan provided for in item (2) is the sole remedy for negligent violations of this chapter, regulations promulgated pursuant to this chapter, or the state plan. A licensee who negligently violates a provision of this chapter, regulations promulgated pursuant to this chapter, or the state plan shall not be subject to any criminal or civil enforcement action. (4) A licensee who negligently violates a provision of this chapter, regulations promulgated pursuant to this chapter, or the state plan three times in a five-year period shall be ineligible to produce hemp for a period of five years beginning on the date of the third violation. (B) If the commissioner determines that a licensee has violated state law with a culpable mental state greater than negligence, then the commissioner shall immediately report the hemp producer to the Attorney General and the Chief of the South Carolina Law Enforcement Division, and subsection (A)(2) shall not apply to the violation. Editor's Note Prior Laws: Former SECTION 46-55-40 was titled Unlawful conduct relating to marijuana on property used for industrial hemp production; penalties, and had the following history: 2014 Act No. 216 (S.839), SECTION 2, eff June 2, 2014. See now, Code 1976 SECTION 46-55-60. 2019 Act No. 14, SECTION 3, provides as follows: "SECTION 3. (A) The forty 2019 licenses issued pursuant to Chapter 55, Title 46 prior to the effective date of this act shall be valid for the term of the licenses, under the terms and conditions under which the licenses were issued, except that, upon the approval of the South Carolina Department of Agriculture, each licensee may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes. "(B) Notwithstanding the provisions of Section 46-55-20(B)(3), as amended by this act, as of the date licenses were issued for 2019, the South Carolina Department of Agriculture may issue additional licenses for 2019 to any applicant that met the licensing criteria but was denied solely because the department had already issued the legally permitted number of licenses for the year. Licenses issued pursuant to this subsection shall be for the same term, and under the same terms and conditions, under which the forty licenses identified in subsection (A) were issued. Licensees pursuant to this subsection also may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes upon the approval of the South Carolina Department of Agriculture. "(C) The law under which licenses are issued shall be in full force and effect for those licenses during the term of the licenses." Effect of Amendment 2019 Act No. 14, SECTION 1, rewrote the section, which related to laboratory testing of industrial hemp.
S.C. Code Ann. § 46-57-70 — SC Code / Title 46 / Chapter 57 / Section 46-57-70
SECTION 46-57-70. Penalties for violations of regulations.
Status: in_force

(A) Except as provided in Section 46-57-50, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Agriculture promulgated pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days. (B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to this chapter is subject to a civil penalty not to exceed one thousand dollars a day for each violation. (C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund. (D) The term "notice" as used in this section means either actual notice or constructive notice.
S.C. Code Ann. § 46-23-30 — SC Code / Title 46 / Chapter 23 / Section 46-23-30
SECTION 46-23-30. Commission may prevent introduction and dissemination of noxious weeds in State; remedies of owner of property destroyed or disposed of; regulations.
Status: in_force

(a) The commission may, when it deems it necessary as an emergency measure in order to prevent the introduction into or the dissemination within South Carolina of any noxious weed new to or not theretofore widely prevalent or distributed within and throughout the State, seize, quarantine, treat, destroy, apply other remedial measures to, export, return to shipping point, or otherwise dispose of in such a manner as it deems appropriate, any noxious weed or any product or article of any character whatsoever or any means of conveyance which it has reason to believe contains or is contaminated with any noxious weed, offered for movement, moving, or has moved into or through the State or intrastate. Provided, that no such noxious weed, product, article, or means of conveyance shall be destroyed, exported, or returned to the shipping point or so ordered to be destroyed, exported, or returned to the shipping point, unless in the opinion of the commission, there is no less drastic action which would be adequate to prevent the introduction or dissemination of noxious weeds. (b) The commission may order the owner or person in possession of any new or not theretofore widely prevalent noxious weed, or any product, article, or means of conveyance, or his agent to treat, apply other remedial measures to, destroy, export, return to shipping point, or make other disposition of such noxious weed, product, article, or means of conveyance without cost to the State or agency cooperating with the State in such a manner as the commission deems appropriate. The commission may apply to a court of competent jurisdiction in which such person resides or transacts business or in which the noxious weed, product, article, or means of conveyance is found for enforcement of such order by injunction, mandatory or otherwise. Process in any such case may be served in any judicial district wherein the defendant resides or transacts business or may be found, and subpoena for witnesses who are required to attend a court in any judicial district in such a case shall have force and effect in any other judicial district. (c) The owner of any noxious weed, product, article, or means of conveyance, destroyed or otherwise disposed of by the commission under this section, may bring an action against the State within one year after such destruction or disposal, and recover just compensation for the destruction or disposal of such noxious weed, product, article, or means of conveyance (not including compensation for loss due to delays incident to determining eligibility for movement into or through South Carolina or for intrastate movement) if the owner establishes that such action was not warranted under this section. Any judgment rendered in favor of such owner shall be paid out of the money appropriated for noxious weed control. (d) The commission may promulgate such emergency regulations as it deems necessary to prevent the introduction into or the dissemination within the State of noxious weeds.
S.C. Code Ann. § 46-35-10 — SC Code / Title 46 / Chapter 35 / Section 46-35-10
SECTION 46-35-10. When trees constitute public nuisances.
Status: in_force

Neglected or abandoned apple, grape, kiwi, nectarine, peach, pear, or plum orchards which, because of their infestation with pests, or because of other conditions, constitute a menace to the fruitgrowing industry of the State, or which are host plants of or provide a favorable and likely harbor for pests, are public nuisances and it is unlawful to maintain them. All remedies which are or may be given for the prevention or abatement of nuisances apply to the orchards. Whenever the State Crop Pest Commission determines by inspection that there exists a condition which constitutes a nuisance on any property within its jurisdiction, it shall report the property to the circuit solicitor, naming the pests or other conditions which in its opinion are dangerous to the fruitgrowing industry and if its findings justify it, state in the report that the removal or destruction of the neglected or abandoned orchard trees are the best means for elimination of the menace. The State Crop Pest Commission through its designee, the Division of Regulatory and Public Service Programs, may promulgate regulations to implement the provisions of this chapter.
S.C. Code Ann. § 46-17-10 — SC Code / Title 46 / Chapter 17 / Section 46-17-10
SECTION 46-17-10. Short title.
Status: in_force

This chapter shall be known and may be cited as the "Agricultural Commodities Marketing Act."
S.C. Code Ann. § 46-49-20 — SC Code / Title 46 / Chapter 49 / Section 46-49-20
SECTION 46-49-20. Products covered by chapter.
Status: in_force

The products covered by this chapter are all Grade A milk and milk products defined pursuant to SECTION 44-1-140. The products include Grade A raw milk for pasteurization, reconstituted milk derived by recombining dry milk solids, evaporated or condensed milk with water, which is processed for sale as a fluid milk product, and all Grade A milk products from whatever source derived which include, but are not limited to, pasteurized, homogenized, flavored and cultured milk, skim milk, lowfat milk, creamy buttermilk, and cultured milk products.
S.C. Code Ann. § 46-41-210 — SC Code / Title 46 / Chapter 41 / Article 2 / Section 46-41-210
SECTION 46-41-210. Definitions.
Status: in_force

As used in this article: (1) "Agricultural commodity" or "commodity" means cotton and all agricultural products commonly classed as grain, including corn, wheat, oats, soybeans, barley, and grain sorghum, produced within this State. (2) "Agricultural commodity dealer" or "commodity dealer" means any person in this State engaged in buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of grain or cotton purchased from a producer or his agent or representative or received to be handled on a net return basis from the producer. An agricultural commodity dealer shall include cotton gins if the gin is engaged in the above-described activity. (3) "Department" means the South Carolina Department of Agriculture. (4) "Fair market value" means the value based on the average market price being paid to producers on a specified date by the three licensed grain or cotton dealers nearest the grain or cotton dealer involved in the loss. (5) "Grain" means any feed grains or oil seeds, except cotton seeds. (6) "Loss" means any monetary loss over and beyond the amount protected by the dealer's bond as a result of doing business with a dealer which includes, but is not limited to, bankruptcy, embezzlement, or fraud. (7) "Producer" means any producer of grain or cotton. (8) "Date of loss" means the date the commodity dealer filed a petition for bankruptcy; or, if bankruptcy is not declared, the date a check was returned for insufficient funds, or the date otherwise determined by the department. Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments." Effect of Amendment 2022 Act No. 181, SECTION 1, inserted (1) and (2), relating to the definitions of "Agricultural commodity" and "Agricultural commodity dealer", respectively, and redesignated former (1) to (3) as (3) to (5); in (4), inserted "or cotton" following "grain" twice; deleted former (4), which related to the definition of "Grain dealer", and redesignated (5) to (7) as (6) to (8); in (7), inserted "or cotton" following "of grain"; and in (8), substituted "commodity" for "grain".
S.C. Code Ann. § 46-17-250 — SC Code / Title 46 / Chapter 17 / Section 46-17-250
SECTION 46-17-250. Boards may appoint or utilize committees and other advisers.
Status: in_force

Each commodity board shall be authorized to appoint or utilize committees and individuals to advise the Commission or the commodity board and to fix the compensation for such services, which may be paid from the funds of the board.
S.C. Code Ann. § 46-42-50 — SC Code / Title 46 / Chapter 42 / Section 46-42-50
SECTION 46-42-50. Printout or punch ticket required; design; contents; to serve as receipt.
Status: in_force

Dealers and handlers shall be required to issue a printout or punch ticket of a design approved by the Commissioner for each lot of grain or oilseed received into custody of such dealers and handlers. The printout or punch ticket shall contain all weighing, grading and disposition information needed for proper identity, including: (1) Date; (2) Name and address of the dealer and handler and his public weighmaster number; (3) owner of commodity; (4) vehicle identity; (5) gross, tare and new weight or in the case of hopper weighing, net weight of load; (6) type commodity; (7) percentage of moisture; (8) percentage of foreign material, other factors determined (specify); (9) grade assigned; (10) disposition of commodity; (11) signature of person weighing and grading. The printout or punch ticket shall serve as a receipt that grain or oilseed was received into custody by the dealer or handler issuing the printout or punch ticket, unless otherwise stated on the ticket.
S.C. Code Ann. § 46-9-120 — SC Code / Title 46 / Chapter 9 / Section 46-9-120
SECTION 46-9-120. Reporting of agricultural product diseases caused by chemical or other terrorism.
Status: in_force

Every farmer, agriculturalist, county extension agent, agricultural products processor, crop advisor, or other person working in agriculture, or person having responsibility for agricultural production or processing must report agricultural products having or suspected of having any disease or infection from any crop pest whatsoever that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly infectious agents and which might cause serious agricultural threat to the State. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to the Director, Regulatory and Public Service Programs, Clemson University, and must include as much of the following information as is available: the geographic location of the agricultural product and/or its origin; the name and address of any known owner, the name and address of any known shipper; the name and address of the owner of the point of origin; and the name and address of the reporting individual. The director must report to the Department of Health and Environmental Control any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130.
S.C. Code Ann. § 46-9-90 — SC Code / Title 46 / Chapter 9 / Section 46-9-90
SECTION 46-9-90. Penalties for violating chapter; denial, suspension, revocation, or modification of license or certificate; civil penalties; hearing on suspension; judicial appeal not to act as stay of penalty; authority of commission to enforce its ordinances and regulations in court.
Status: in_force

(A) A person violating this chapter or chapters assigned to the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not less than ten nor more than thirty days for a first offense and for a second offense in the discretion of the court. (B) The director after opportunity for a hearing may deny, suspend, modify, or revoke a license or certificate for a violation of state or federal law or regulation. In addition to denial, suspension, revocation, or modification of a license or certificate or other penalty set forth in this chapter, any person subject to this chapter who violates this chapter or another chapter under the cognizance of the commission may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a license or certificate against which a civil penalty has been imposed if the license or certificate holder has not satisfied the penalty within thirty days after the license or certificate holder receives notification of the final decision of the director to impose the penalty. The license or certificate holder is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the license or certificate holder had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. A determination by the director is final unless within thirty days after the receipt of the notice of final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension. (C) The commission may enforce its ordinances and regulations in a court of competent jurisdiction by civil as well as criminal proceedings. If it is necessary to issue a writ of injunction, no court of this State has the right previous to a trial upon the merits to set aside the writ on bond. The commission may utilize its own counsel or call upon the Attorney General or the appropriate solicitor, or all of the foregoing. The commission and its agents in the discharge of the duties and in the enforcement of the powers delegated in this chapter may administer oaths and hear witnesses, and to that end the sheriffs in the State shall serve all summonses and other papers upon the request of the commission. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review." Effect of Amendment 2017 Act No. 31, SECTION 2, in (A), deleted "or regulations of" following "chapters assigned to".
S.C. Code Ann. § 46-27-830 — SC Code / Title 46 / Chapter 27 / Article 11 / Section 46-27-830
SECTION 46-27-830. Change of labeling and claims.
Status: in_force

The labeling and claims filed pursuant to Section 46-27-820 shall not be changed during a fiscal year for which registration has been made without the consent of the Commissioner.
S.C. Code Ann. § 46-27-230 — SC Code / Title 46 / Chapter 27 / Article 3 / Section 46-27-230
SECTION 46-27-230. Refusal or cancellation of registration.
Status: in_force

The Commissioner may refuse the registration of any commercial feed under a name which would be misleading as to the materials of which it is composed or when the names of all ingredients of which it is composed are not stated. Should any commercial feed be registered and it is afterward discovered that it does not comply with the provisions of Articles 1 to 9 of this chapter, the Commissioner shall notify the registrant of the noncompliance. The notice shall apprise the registrant that he may request a hearing within thirty days of receipt of the notice. If such request for a hearing is made within the time allowed, the Commissioner shall schedule a hearing within thirty days after receipt of the request and shall allow the registrant to refute the allegations of noncompliance. If, after the hearing, the Commissioner is still convinced that the commercial feed does not comply with the provisions of Articles 1 to 9 of this chapter he may cancel such registration.
S.C. Code Ann. § 46-21-415 — SC Code / Title 46 / Chapter 21 / Article 7 / Section 46-21-415
SECTION 46-21-415. Withdrawal of impure seed.
Status: in_force

To promote normal crop production, the Commissioner or his designee, after providing reasonable notice, may withdraw impure seed or seed that lack reasonable germination even though they may have been properly labeled.
S.C. Code Ann. § 46-13-55 — SC Code / Title 46 / Chapter 13 / Section 46-13-55
SECTION 46-13-55. Regulation of structural pest control activity.
Status: in_force

Structural pest control activity must be regulated by the director in accordance with this chapter and the regulations promulgated by its authority. The director may promulgate the necessary regulations relating to structural pest control activity.
S.C. Code Ann. § 46-25-1120 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1120
SECTION 46-25-1120. Analysis of fertilizer ordered sold.
Status: in_force

If there be judgment in favor of this State, as plaintiff, in an action brought under Section 46-25-1100 and the commercial fertilizers be ordered sold under execution to satisfy such judgment, an inspector shall, under direction of the commission, prior to the sale, draw proper samples from such commercial fertilizer, and cause them to be analyzed by the University, and shall affix to the package thereof a statement of the result of such analysis on each package as required by this chapter, so that the purchaser at the sheriff's or constable's sale may purchase such commercial fertilizer under a full guaranteed analysis as provided by law.
S.C. Code Ann. § 46-41-110 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-110
SECTION 46-41-110. Inspection of despoliated products before sale.
Status: in_force

Whenever produce is shipped to or received by a licensed dealer for handling, purchase or sale in this State at any market point, and the dealer finds such to be in a spoiled, damaged, unmarketable or unsatisfactory condition, unless both parties shall waive inspection before sale or other disposition, he shall cause it to be examined by an inspector of the South Carolina Department of Agriculture or by a qualified inspector licensed by the United States Department of Agriculture, and such inspector shall execute and deliver a certificate to the applicant stating the day and the time and place of such inspection and the condition of such produce, and mail or deliver a copy of such certificate to the shipper.
S.C. Code Ann. § 46-15-80 — SC Code / Title 46 / Chapter 15 / Section 46-15-80
SECTION 46-15-80. Agricultural Marketing Advisory Council; meetings and compensation.
Status: in_force

The council shall meet as often as may be deemed necessary at the call of the chairman. Appointed members shall receive mileage, per diem and subsistence as is provided by law for state boards, committees and commissions for attending meetings of the committee. Provided, that the Council shall meet at least quarterly.
S.C. Code Ann. § 46-13-130 — SC Code / Title 46 / Chapter 13 / Section 46-13-130
SECTION 46-13-130. Reciprocity.
Status: in_force

The Director may issue a license or certificate on a reciprocal basis with other states and federal agencies without examination to a nonresident who furnishes evidence that he is licensed or certified in another state substantially in accordance with the provisions of this chapter; provided, that financial security as provided for in Section 46-13-100 is met. Licenses or certifications issued pursuant to this subsection may be suspended or revoked in the same manner and on the same grounds as other licenses or certifications pursuant to this chapter, or upon suspension or revocation of the license, or certification of another state or the federal government supporting the issuance of a South Carolina license or certification.
S.C. Code Ann. § 46-33-30 — SC Code / Title 46 / Chapter 33 / Section 46-33-30
SECTION 46-33-30. Suits on bond.
Status: in_force

Any person who may suffer loss or damage by reason of sales made within this State by a person to whom the provisions of Section 46-33-10 apply shall have a right to sue on the bond required by Section 46-33-20 in any county in this State.
S.C. Code Ann. § 46-41-30 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-30
SECTION 46-41-30. Unlawful to engage in business as dealer without license; penalties for violation.
Status: in_force

It is unlawful for a dealer in agricultural products to engage in that business without a state license issued by the commissioner. This requirement applies to all dealers in agricultural products who are not exempted by Sections 46-41-20 and 46-41-25. (1) A person violating the provisions of this section is guilty of a misdemeanor for a first offense and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than three years, or both. (2) Conviction for a second or subsequent offense is a felony and the person must be imprisoned not more than five years and fined not more than five thousand dollars.
S.C. Code Ann. § 46-15-60 — SC Code / Title 46 / Chapter 15 / Section 46-15-60
SECTION 46-15-60. Deposit and disbursement of proceeds of operations.
Status: in_force

All funds realized from or in connection with the operation of the wholesale farmers' markets established by the Department under the provisions of this chapter and Article 1 of Chapter 19 shall be deposited monthly with the State Treasurer to the account of the Department to be expended for the purposes authorized in this chapter.
S.C. Code Ann. § 46-13-210 — SC Code / Title 46 / Chapter 13 / Section 46-13-210
SECTION 46-13-210. Judicial review.
Status: in_force

A person aggrieved by action of the director in a contested case, as defined in Section 1-23-310, may obtain a review of the case pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 46-1-70 — SC Code / Title 46 / Chapter 1 / Section 46-1-70
SECTION 46-1-70. Factors or commission merchants failing to account for produce.
Status: in_force

(A) It is unlawful for a factor or commission merchant to receive from a planter cotton, rice, or other agricultural produce for sale and: (1) sell the produce and fail to pay over the net proceeds to the planter on demand; (2) apply the produce to his own use and benefit; or (3) fail to account for the produce in a satisfactory manner if unsold. (B) A person who violates the provisions of this section is guilty of a: (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is ten thousand dollars or more; (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than two thousand dollars but less than ten thousand dollars; (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the sale amount of the commodities is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.
S.C. Code Ann. § 46-13-230 — SC Code / Title 46 / Chapter 13 / Section 46-13-230
SECTION 46-13-230. Disposition of fees.
Status: in_force

All fees collected pursuant to the provisions of this chapter shall be retained by the Director of the Division of Regulatory and Public Service Programs of Clemson University and deposited in a separate fund for use in the administration of this chapter.
S.C. Code Ann. § 46-26-110 — SC Code / Title 46 / Chapter 26 / Section 46-26-110
SECTION 46-26-110. Seizure of goods when assessment not paid.
Status: in_force

The commission may seize any commercial liming material, or landplaster, or both, belonging to such manufacturer, dealer, or agent if the assessment is not paid within three months after a notice to a manufacturer, dealer, or agent has been given by the commission.
S.C. Code Ann. § 46-25-1010 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1010
SECTION 46-25-1010. Penalties for plant nutrient deficiencies and other acts; appeals; distribution of penalty sums to consumers.
Status: in_force

(1) If the analysis shall show a commercial fertilizer is deficient (a) in one or more of its primary plant foods (NPK) beyond the "investigational allowances" as established by regulation or (b) if the overall commercial value of the fertilizer is below the level established by regulations, a penalty of three times the commercial value of such deficiency or deficiencies shall be assessed. When a fertilizer is subject to a penalty under both (a) and (b) the larger penalty shall apply. (2) Deficiencies beyond the investigational allowances as established by regulation in any other constituent covered under Section 46-25-30 which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the commission. (3) If the chlorine content of any lot branded for tobacco shall exceed the maximum amount guaranteed by more than one-half of one percent, the registrant shall be liable for a penalty of ten percent of the value of the fertilizer for each additional one-half of one percent of excess or fraction thereof. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer represented by the sample analyzed. (4) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of such penalties. (5) All penalties must be paid within thirty-one calendar days after notice of assessment is made. Failure to pay penalties after notice may result in the revocation of the registrant's license. All penalties assessed under this article for deficiencies in guaranteed analysis of a commercial fertilizer must be entirely for the benefit of the ultimate consumer of the fertilizer. All penalties must be paid by the registrant, manufacturer, distributor, or dealer to the purchaser through the commission, or its authorized representative, by a check or by a credit memorandum in the case of indebtedness of the purchaser to the seller. If the purchaser is not identified, the penalty must be paid by check to the State Treasurer who in turn shall send it to the commission or its authorized representative. The minimum penalty for any deficiency is ten dollars.
S.C. Code Ann. § 46-41-130 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-130
SECTION 46-41-130. Procedure for refusal, suspension, or revocation of license; temporary suspension.
Status: in_force

(A) Before the commissioner refuses to issue a license or revokes a license he shall give ten days' notice, by registered mail, to the applicant or licensee of a time and place of hearing. At the hearing the applicant or licensee must be allowed to appear in person or by or with counsel and to produce witnesses. If the commissioner finds the applicant or licensee guilty of any of the acts provided in Section 46-41-120 or finds that the grain dealer has not paid the assessment prescribed by Section 46-40-60(B) of the Grain Dealers Guaranty Fund, the commissioner may refuse, suspend, or revoke the license and shall give immediate notice of his action to the applicant or licensee. (B) The commissioner may temporarily suspend and take possession of a license simultaneously with the institution of proceedings under this section or Section 46-41-70 if he finds there is imminent danger to public welfare.
S.C. Code Ann. § 46-26-160 — SC Code / Title 46 / Chapter 26 / Section 46-26-160
SECTION 46-26-160. Rules and regulations.
Status: in_force

The commission may establish rules and regulations in regard to the inspection, analysis, distribution, and sale of agricultural liming material, landplaster, or both, that are not inconsistent with the provisions of this chapter and as in its judgment will best carry out its requirements.
S.C. Code Ann. § 46-1-110 — SC Code / Title 46 / Chapter 1 / Section 46-1-110
SECTION 46-1-110. Enforcement of Sections 46-1-100 to 46-1-120.
Status: in_force

The Commission of Agriculture shall be primarily responsible for the enforcement of Sections 46-1-100 to 46-1-120 and shall enforce all of their provisions, including obtaining injunctive relief where necessary. Editor's Note Section 46-15-21 abolished the State Agricultural Marketing Commission and transferred all powers and duties, etc. to the Department of Agriculture to be exercised by the Commission of Agriculture.
S.C. Code Ann. § 46-10-60 — SC Code / Title 46 / Chapter 10 / Section 46-10-60
SECTION 46-10-60. Additional powers of commission.
Status: in_force

Whenever the commission finds any article that is infested or reasonably believed to be infested or a host or pest exists on any premises or is in transit in this State, it may, upon giving notice to the owner or his agent in possession thereof, seize, quarantine, treat or otherwise dispose of such pest, host or article in such manner as the commission deems necessary to suppress, control, eradicate or to prevent or retard the spread of a pest, or the commission may order such owner or agent to so treat or otherwise dispose of the pest, host or article. The owner of any property destroyed or ordered to be treated or otherwise disposed of under this section may, in an action against this State in the appropriate court for the county in which he resides or the property was located, recover just compensation for any property so destroyed or the reasonable costs of disposal of any property so ordered if he establishes that the property was not a pest, host or infested article.
S.C. Code Ann. § 46-1-20 — SC Code / Title 46 / Chapter 1 / Section 46-1-20
SECTION 46-1-20. Stealing crops from the field.
Status: in_force

A person who steals from the field any grain, cotton, or vegetables, whether severed from the freehold or not, is guilty of a: (1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the crop is ten thousand dollars or more; (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the crop is more than two thousand dollars but less than ten thousand dollars; (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the crop is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days.
S.C. Code Ann. § 46-19-290 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-290
SECTION 46-19-290. Expenditure of funds.
Status: in_force

In order to comply with the provisions of this article and rules and regulations promulgated hereunder the Commissioner is authorized and empowered to expend funds of the State appropriated to the Department for use under promotion and expansion of agricultural products.
S.C. Code Ann. § 46-26-80 — SC Code / Title 46 / Chapter 26 / Section 46-26-80
SECTION 46-26-80. Inspections and analyses; duty of the Commission.
Status: in_force

(A) It is the duty of the commission who may act through its authorized agent to sample, inspect, make analyses of and test agricultural liming materials and landplaster distributed within the State as it may consider necessary to determine whether the agricultural liming materials and landplaster are in compliance with the provisions of this chapter. Any officer or agent of the commission or of a committee authorized by the commission may enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material and landplaster subject to the provisions of this chapter and regulations pertaining to it, and to the records relating to their distribution. (B) The methods of analysis and sampling shall be those approved by the commission and shall be guided by the Association of Official Analytical Chemists procedures. (C) The results of official analysis of agricultural liming materials and landplaster and portions of official samples must be distributed by the commission as provided in the regulations at least annually.
S.C. Code Ann. § 46-25-1100 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1100
SECTION 46-25-1100. Actions by State to recover fines and penalties; liens.
Status: in_force

The State may maintain an action in any court of competent jurisdiction against the vendor or owner of any commercial fertilizer sold, offered, or exposed for sale in this State or shipped or transported within or into the State in violation of law, to recover the fines and penalties due for the illegal sale, shipment, or transportation thereof regardless of the domicile or place of residence of such owner, or vendor, and shall have a lien upon such commercial fertilizer, as well as upon any other commercial fertilizers to be found within the State belonging to the offending party or parties, to secure the payment of such fines or penalties and costs and expense of such action, which lien shall be enforced by attachment of such commercial fertilizer under a writ of attachment to be issued in accordance with the practice prescribed in Sections 15-19-10 to 15-19-560, except that no security as required of other plaintiffs by Section 15-19-80, need be given by the State in such action.
S.C. Code Ann. § 46-57-50 — SC Code / Title 46 / Chapter 57 / Section 46-57-50
SECTION 46-57-50. Rules and regulations relating to establishments providing eating or drinking facilities, etc.
Status: in_force

The Department of Agriculture may make, adopt, promulgate, and enforce reasonable rules and regulations from time to time requiring and providing for: (1) the sanitation of hotels, restaurants, cafes, drugstores, hot dog and hamburger stands, all other places or establishments providing eating or drinking facilities, and all other places known as private nursing homes or places of similar nature, operated for gain or profit; and (2) the production, storing, labeling, transportation, and selling of milk and milk products, filled milk and filled milk products, imitation milk and imitation milk products, synthetic milk and synthetic milk products, milk derivatives, and any other products made in semblance for milk or milk products; and (3) the sanitation and control of abattoirs, meat markets, whether the same be definitely provided for that purpose or used in connection with other businesses, and bottling plants; and (4) the sanitation and control of abattoirs, meat markets, whether the same be definitely provided for that purpose or used in connection with other business, and bottling plants.
S.C. Code Ann. § 46-3-40 — SC Code / Title 46 / Chapter 3 / Section 46-3-40
SECTION 46-3-40. Election; term; vacancies.
Status: in_force

The Commissioner shall be elected by the qualified electors in the general election now provided by law for the election of State officers of the State government, for a term of four years, the next term after the adoption of this Code beginning on the first day of January 1963. In case a vacancy should occur the Governor shall appoint a successor for the unexpired term.
S.C. Code Ann. § 46-17-280 — SC Code / Title 46 / Chapter 17 / Section 46-17-280
SECTION 46-17-280. Commission to approve or disapprove actions of boards.
Status: in_force

The Commission shall determine if the actions by the commodity board conform with the purposes of this chapter and with the purposes of marketing agreements or orders. The Commission shall approve or disapprove actions of the board on the basis of such compliance or noncompliance.
S.C. Code Ann. § 46-9-80 — SC Code / Title 46 / Chapter 9 / Section 46-9-80
SECTION 46-9-80. Penalties for interfering with commission, director, deputies, assistants, or agents.
Status: in_force

A person who seeks to prevent an inspection under the direction of the commission, the director, or his deputies, assistants, or agents or who otherwise interferes with the director or his assistants, deputies, or agents, while in the performance of their duties under this chapter and other chapters of this title assigned to the jurisdiction of the commission, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not less than ten nor more than thirty days, or both, for a first offense and for a second offense in the discretion of the court.
S.C. Code Ann. § 46-49-80 — SC Code / Title 46 / Chapter 49 / Section 46-49-80
SECTION 46-49-80. Liability of all persons participating in violation or using misrepresentation, threat, intimidation, or boycott to effectuate commission of violation.
Status: in_force

Solicitation by or collusion or joint participation between or among any producer, association of producers, manufacturer, distributor or store, or any representative, to violate any of the provisions of this chapter and regulations or orders issued pursuant to this chapter, or the use of any misrepresentation, threat, intimidation, or boycott to effectuate the commission of the violations makes all persons participating subject to the same penalties as for actual violations.
S.C. Code Ann. § 46-9-110 — SC Code / Title 46 / Chapter 9 / Section 46-9-110
SECTION 46-9-110. Local ordinances void.
Status: in_force

Local ordinances pertaining to the subject matter assigned by law to the commission, whether or not in conflict, are void.
S.C. Code Ann. § 46-25-1140 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1140
SECTION 46-25-1140. "Stop sale, use, or removal" orders.
Status: in_force

The commission or its authorized representative may issue and enforce a written or printed "stop sale, use or removal order" to the owner or custodian of any lot of commercial fertilizer and hold at a designated place when the commission or its authorized representative finds such commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and the commercial fertilizer is released in writing by the commission or its duly authorized representative, or the violation has been otherwise legally disposed of by written authority. The commission or its duly authorized representative shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs, expenses, and penalties incurred in connection therewith have been guaranteed or paid by the registrant.
S.C. Code Ann. § 46-21-655 — SC Code / Title 46 / Chapter 21 / Article 9 / Section 46-21-655
SECTION 46-21-655. Penalty.
Status: in_force

It is a misdemeanor, punishable by fine or imprisonment, in the discretion of the court, for a person selling seeds or plants in this State to use evidence of certification, such as a blue tag or the word "certified", or both, on a package of seeds or plants unless the seeds or plants are inspected and certified as provided for in this article or by a similar legally constituted agency of another state or foreign country. The duty of enforcing the provisions of this article is vested in the Commissioner of Agriculture.
S.C. Code Ann. § 46-41-140 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-140
SECTION 46-41-140. Rules and regulations.
Status: in_force

The Commissioner shall adopt rules and regulations necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 46-9-40 — SC Code / Title 46 / Chapter 9 / Section 46-9-40
SECTION 46-9-40. Authority to promulgate and enforce regulations; other powers of commission.
Status: in_force

The commission, in accordance with the Administrative Procedures Act, may promulgate and enforce reasonable regulations as in the judgment of the commission may be necessary to eradicate or prevent the introduction, spread, or dissemination of plant pests, including genetically engineered plants or plant pest organisms, and prevent fraud or misrepresentation in the sale and dissemination of fruit trees, nut trees, shade and ornamental trees, vines, shrubs, plants, bulbs, and roots for propagation purposes. The commission may regulate or prohibit the shipment within, or the importation into, this State of plants, farm products, or other articles of any nature or character from a state, territory, or foreign country when, in the opinion of the commission, the regulation or prohibition is necessary to prevent the introduction or dissemination of plant pests. The commission may carry out operations, including quarantines or measures to locate, suppress, control, or eradicate or to prevent or retard the spread of plant pests, independently or in cooperation with counties or their political subdivisions, municipalities, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means.
S.C. Code Ann. § 46-49-90 — SC Code / Title 46 / Chapter 49 / Section 46-49-90
SECTION 46-49-90. Promulgation of regulations by Department of Agriculture.
Status: in_force

The department shall promulgate regulations to carry out the provisions of this chapter.
S.C. Code Ann. § 46-1-160 — SC Code / Title 46 / Chapter 1 / Section 46-1-160
SECTION 46-1-160. South Carolina Farm Aid Fund; Farm Aid Advisory Board; definitions.
Status: in_force

(A)(1) There is created the "South Carolina Farm Aid Fund". This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Revenues credited to this fund in a fiscal year must be used to operate a grant program that provides financial assistance to farmers. (2) To be eligible for a grant, the person must have: (a) experienced a verifiable loss of agricultural commodities of at least forty percent as a result of the catastrophic flooding of October 2015, for which: (i) the Governor declared a state of emergency in the State; and (ii) the United States Secretary of Agriculture issued a Secretarial Disaster Declaration for the county in which the farm is located; (b) a farm number issued by the Farm Service Agency; and (c) signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate. (B)(1) The Department of Agriculture shall administer the grant program authorized by this section. The Department of Revenue shall assist the Department of Agriculture in the administration of the grant program by providing auditing services, accounting services, and review and oversight of all financial aspects of the grant program. There is created the Farm Aid Advisory Board to make recommendations to the department regarding the duties of the department in administering the grant program. The Commissioner of Agriculture, or his designee, shall serve ex officio, as chairman of the board. Also, the Director of the Department of Revenue, or his designee, the Vice President for Public Service and Agriculture of Clemson Public Service Activities, or his designee, and the Vice President for Land Grant Services of South Carolina State Public Service Activities, or his designee, shall serve on the board. Finally, the following additional members shall be appointed to the board: (a) the Commissioner of Agriculture shall appoint one member representing South Carolina Farm Bureau; (b) the Commissioner of Agriculture shall appoint one member representing a farm credit association; (c) the Director of the Department of Revenue shall appoint one member representing the crop insurance industry; and (d) the Director of the Department of Revenue shall appoint one member who is an agricultural commodities producer. (2) Within twenty days of the effective date of this section, the board shall hold its initial meeting to recommend an application process by which a person with a loss resulting from the flooding in October 2015, may apply for a grant. Upon adoption of an application process, the Department of Agriculture shall provide the Chairmen of the House Ways and Means Committee and the Senate Finance Committee with a written copy of its application process within ten days after its adoption. A person shall apply not later than forty-five days after the adoption of the application process. The department must ensure every person interested in applying for a grant has access to adequate resources to submit his application in a timely manner, and upon request, the department must assist a person with the preparation of his application. (3)(a) Each grant awarded by the department may not exceed twenty percent of the person's verifiable loss of agricultural commodities. However, a person, including any grant made to a related person, may not receive grants aggregating more than one hundred thousand dollars. Also, a person, including any grant made to a related person, may not receive grants that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a grant is made to a related person, the amount to be included in the limits set by this section must be the amount of the grant multiplied by the person's ownership interest in the related person. However, a person who shares an ownership interest with another person or entity may not be refused a grant solely because the other person or related person has otherwise received the maximum grant amount, but in this case, the person's grant amount is limited by the person's ownership interest. (b) If the total amount of grants allowed pursuant to subitem (a) exceeds the monies in the fund, then each person's grant must be reduced proportionately. (4) To determine loss, the department: (a) must measure the person's cumulative total loss of all affected agricultural commodities for 2015 against the person's expected production of all agricultural commodities affected by the flood in 2015; (b) shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the department shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and (c) may require any documentation or proof it considers necessary to efficiently administer the grant program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the department shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents. (C) Grant awards must be used for agricultural production expenses and losses due to the flood which demonstrate an intent to continue the agricultural operation; however, awards may not be used to purchase new equipment. The department shall develop guidelines and procedures to ensure that funds are expended in the manner outlined in grant applications, and may require any documentation it determines necessary to verify the appropriate use of grant awards including receipts. (D)(1) If the department determines that a person who received a grant provided inaccurate information, then the person shall refund the entire amount of the grant. If the department determines that a person who received a grant used the funds for ineligible expenses, then the person must refund the amount of the ineligible expenses. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person. (2) If the department determines that a person knowingly provided false information to obtain a grant pursuant to this section or knowingly used funds for ineligible expenses, the person shall be subject to prosecution pursuant to Section 16-13-240. (E)(1) From the 2014-2015 Contingency Reserve Fund, there is appropriated $40,000,000 to the South Carolina Farm Aid Fund. (2) Within forty-five days of the completion of the awarding of grants, but no later than June 30, 2017, the Farm Aid Advisory Board is dissolved. Any funds remaining in the fund upon dissolution shall lapse to the general fund. (F) The department may accept private funds, grants, and property to be used to make financial awards from the grant program. (G) The Department of Agriculture must administer the grant program authorized by this section using existing resources and funds. (H) For purposes of this section: (1) "Agricultural commodities" means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain. (2) "Person" means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group. (3) "Related person" means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity. Editor's Note 2016 Act No. 174, SECTION 1, provides as follows: "SECTION 1. The General Assembly finds that: "(1) The historic flood of October 2015 caused unprecedented damage to the State and its people, with particular devastating statewide impacts on South Carolina farmers and the state's agriculture industry. "(2) The State has over twenty-five thousand farms across nearly five million acres, which generate billions of dollars annually and represents a vital component to a healthy state economy. "(3) The total loss of crops as a result of the flooding is estimated at nearly four hundred million dollars and the estimated federal crop insurance payments will only cover about one-third of the total crop loss. "(4) The federal crop insurance program established in 2014 is an inadequate method of indemnification as compared to traditional forms of insurance and is not sufficient to aid farmers with substantial losses due to catastrophic events of nature. "(5) The State of South Carolina has a significant public interest to prevent the economic collapse of many of the state's farms which could cause a severe disruption in the state's economy and food supply chain."
S.C. Code Ann. § 46-13-100 — SC Code / Title 46 / Chapter 13 / Section 46-13-100
SECTION 46-13-100. Financial responsibility required for commercial applicator's license.
Status: in_force

The director may not issue a commercial applicator's license until the applicant has furnished evidence of financial responsibility with the director which may include, but is not limited to, a surety bond or a liability insurance policy or certification protecting persons who may suffer legal damages as a result of the application of pesticides by the commercial applicator or his agents or employees. (1) The amount of the financial responsibility provided in this section must be not less than twenty-five thousand dollars for property damage and public liability insurance. The director by regulation may increase the financial responsibility to not more than one hundred thousand dollars by category or classification. Financial responsibility must be maintained at not less than that sum at all times during the licensed period. The director must be notified ten days before a reduction or cancellation at the request of the applicant or cancellation or nonrenewal of surety financial responsibility by the surety or insurer. The director may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding one thousand dollars. If the applicant has not satisfied the requirement of the deductible clause it must not be accepted by the director unless the applicant furnishes the director with a surety bond or liability insurance which satisfies the amount of the deductible as to all claims that may arise in his application of pesticides. A surety bond or insurance policy must be issued by a company authorized to do business within this State. The bond must be filed with the department and exists for the benefit of a holder of a final judgment against the person who filed the bond for personal liability or property damages, or both, as contemplated in item (4). Aerial applicators insured or bonded under Section 55-8-50, may utilize the coverage provided by that policy or bond if the policy or bond specifically covers personal injury or property damage, or both, caused by the aerial application of pesticides in the required amount. The aerial applicator shall furnish appropriate documentation of the coverage to the director. (2) The director may provide by regulation for self insurance. (3) Nothing in this chapter relieves a person from liability for damage to the person or lands of another caused by the use of pesticides even though the use conforms to the regulations promulgated by the director. (4) The insurance or bond coverage required of commercial applicators must provide specifically for personal injuries or property damages, or both, caused by the application of pesticides by the commercial applicator or his agents or employees. However, this requirement does not guarantee control of the pest for which the application is made.
S.C. Code Ann. § 46-41-120 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-120
SECTION 46-41-120. Grounds for refusal; suspension or revocation of license.
Status: in_force

The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has either: (1) Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied; or (2) Made false charges for handling or services rendered; or (3) Failed to account promptly and properly, or to make settlements with any producer; or (4) Made any false statement or statements as to condition, quality or quantity of goods received or held for sale when he could have ascertained the true condition, quality or quantity by reasonable inspection; or (5) Made any false or misleading statement as to market conditions or service rendered; or (6) Been guilty of a fraud in the attempt to produce or the procurement of a license; or (7) Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer, consigning such products, or without notifying such producer; or (8) Failed to remain acceptable for coverage under the surety bond required by Section 46-41-60 or to cooperate with the bond provider.
S.C. Code Ann. § 46-37-10 — SC Code / Title 46 / Chapter 37 / Section 46-37-10
SECTION 46-37-10. Certificate of inspection required; exception.
Status: in_force

All bees and fixtures shipped or moved into this State must be accompanied by a certificate of inspection signed by the state entomologist, state apiary inspector, or corresponding official of the state or country from which the bees are shipped or moved. The certificate must certify to the apparent freedom of the bees and fixtures from contagious and infectious diseases and must be based upon an actual inspection of the bees and fixtures themselves within sixty days preceding the date of shipment. An entry permit from the Department of Plant Industry, Clemson University, is required before moving bees or fixtures into this State.
S.C. Code Ann. § 46-37-30 — SC Code / Title 46 / Chapter 37 / Section 46-37-30
SECTION 46-37-30. Inspection; removal or destruction of bees, beekeeping fixtures and appliances.
Status: in_force

The division may enter a warehouse, premises, or area to inspect bees and beekeeping fixtures to determine if they (a) are infected with a disease or (b) have been or are being transported in violation of the provisions of this chapter. The division may require the removal from this State of bees or fixtures brought into the State in violation of this chapter. If the division finds that bees or fixtures are infected with a disease or finds that the bees or fixtures have been exposed to infection by a disease it may require the destruction, treatment, or disinfection of bees and fixtures.
S.C. Code Ann. § 46-17-460 — SC Code / Title 46 / Chapter 17 / Section 46-17-460
SECTION 46-17-460. Penalty.
Status: in_force

Except as specifically provided in this chapter, a person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 46-41-180 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-180
SECTION 46-41-180. Appointment of Commissioner as agent for service of process.
Status: in_force

Every dealer who is a nonresident or every resident dealer who subsequently becomes a nonresident of this State shall be deemed to have appointed the Commissioner of Agriculture as his true and lawful attorney in fact for the service of process upon him in any action in the courts of this State for any violation of the provisions of this chapter.
S.C. Code Ann. § 46-50-40 — SC Code / Title 46 / Chapter 50 / Section 46-50-40
SECTION 46-50-40. Compact to be administered by Commissioner of Agriculture; appointment of delegates.
Status: in_force

The State Commissioner of Agriculture shall act as compact administrator for the State of South Carolina, and shall also be a member and serve as chairman of the state's delegation to the Southern Interstate Dairy Compact Commission. With the advice and consent of the Senate, the Governor shall appoint four additional delegates to represent the State on the Southern Dairy Compact Commission provided for in Article III of the compact. The four additional delegates must include two dairy producers actually engaged in the production of milk at the time of their appointment or reappointment, one milk processor actually engaged in the processing of milk in this State into milk products for public consumption at the time of his appointment or reappointment, and one consumer representative from the public at large. Each delegate appointed by the Governor shall serve for a term of four years and shall diligently and conscientiously strive to achieve the purposes of the Southern Dairy Compact. Vacancies in the state's delegation shall be filled in the same manner as the original appointments for the unexpired term. Delegates whose expenses are not paid or reimbursed by the Southern Interstate Dairy Compact Commission may submit claims for travel and per diem to the Department of Agriculture. Upon approval of the claims by the Compact Administrator, or his designee, delegates shall receive per diem not to exceed thirty-five dollars for each day of service plus reimbursement at the prevailing state rate for travel expenses incurred in the performance of their duties as delegates. The Commissioner of Agriculture may provide funding and facilities as necessary to support and enable the delegation to perform its mission under the compact from funds appropriated to the Department of Agriculture.
S.C. Code Ann. § 46-27-20 — SC Code / Title 46 / Chapter 27 / Article 1 / Section 46-27-20
SECTION 46-27-20. Definitions.
Status: in_force

(1) The term "commercial feed" means all materials distributed for use as feed or for mixing in feed except (a) whole hays, straw, cottonseed hulls, corn stover and ground corn cob and shuck; (b) raw and unprocessed fresh or frozen fish, beef, horse meat, poultry and by-products of these items, together with and including limestone and granite or similar substance, when they are not mixed with other materials; (c) unmixed whole seeds or grains of cereals when not mixed with other materials and when not in such damaged condition as to be unfit for feed purposes as determined by inspection. (2) The term "pet" means any domesticated animal normally maintained in or near the household of the owner. (3) The term "pet food" means any commercial feed prepared and distributed for consumption by pets.
S.C. Code Ann. § 46-39-40 — SC Code / Title 46 / Chapter 39 / Section 46-39-40
SECTION 46-39-40. Commission of board of incorporators; opening books of subscriptions.
Status: in_force

Upon the filing of the petition as above and upon the payment of the fee for filing such petition, the Secretary of State shall issue to the petitioners a commission constituting them a board of incorporators and authorizing them to open books of subscription to the capital stock of the proposed association after such public notice, not exceeding ten days, as he may require in such commission.
S.C. Code Ann. § 46-31-80 — SC Code / Title 46 / Chapter 31 / Section 46-31-80
SECTION 46-31-80. Effect of two thirds affirmative vote in referendum.
Status: in_force

If in the referendum two-thirds or more of the eligible tobacco farmers voting vote in the affirmative and in favor of the levying or collection of the assessment not to exceed ten dollars an acre on all tobacco acreage in the State, the exact amount an acre to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors, or not to exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided in Section 46-31-140, the assessment must be collected in the manner provided in this chapter.
S.C. Code Ann. § 46-45-80 — SC Code / Title 46 / Chapter 45 / Section 46-45-80
SECTION 46-45-80. Setback distances; waiver.
Status: in_force

Any setback distances given in R. 61-43, Standards for Permitting of Agricultural Animal Facilities, are minimum siting requirements as established by the Department of Health and Environmental Control. As long as the established setbacks are achieved, the department may not require additional setback distances. Such distances from property lines or residences may be waived or reduced by written consent of the adjoining property owners. All animal facilities affected by these setback provisions must have an evergreen buffer between the facility and the affected residence as established by DHEC unless otherwise agreed to in writing by the adjoining landowners. Editor's Note 2018 Act No. 139, SECTION 4, provides as follows: "SECTION 4. Nothing in this act shall be construed as affecting or applying to confined swine feeding operations." Effect of Amendment 2018 Act No. 139, SECTION 3, in the second sentence, inserted "As long as the established setbacks are achieved," and substituted "the department may not require additional setback distances" for "The department may require additional setback distances on a case-by-case basis considering the factors set forth in the regulation"; in the third sentence, inserted "from property lines or residences" and deleted ", or otherwise without consent of the adjoining property owners, when there are innovative and alternative technologies approved by the department pursuant to the Innovative and Alternative Technologies Section of R. 61-43" following "adjoining property owners"; and in the fourth sentence, substituted "All animal facilities" for "All agricultural animal facilities" and "must have an evergreen buffer" for "must have a vegetative buffer".
S.C. Code Ann. § 46-19-120 — SC Code / Title 46 / Chapter 19 / Article 3 / Section 46-19-120
SECTION 46-19-120. Projects; processing equipment includible.
Status: in_force

Any such farm marketing center may include a cannery, a creamery, a meat-packing house, an assembly plant for poultry and eggs, a feed-grinding and mixing plant and any other equipment necessary and proper for the processing and preparing for market of any of the products of the farms of this State, so as to enable the farmers to diversify their products and to find markets for them at fair and reasonable prices. Any such farm marketing center may include any one or more of the projects and processing equipment mentioned above, at the discretion of the proper officers.
S.C. Code Ann. § 46-26-10 — SC Code / Title 46 / Chapter 26 / Section 46-26-10
SECTION 46-26-10. Short title; administration.
Status: in_force

This chapter may be cited as the "South Carolina Agricultural Liming Materials and Landplaster Act" and must be administered by the State Crop Pest Commission.
S.C. Code Ann. § 46-25-1160 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1160
SECTION 46-25-1160. Use of regulated materials not meeting requirements prohibited; penalties.
Status: in_force

It is unlawful for a person to receive or use any materials regulated by this chapter when he knows or should know that the material, the manufacturer, the distributor, or the deliverer fails to meet the requirements set forth in this chapter or in the regulations promulgated by the commission. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not to exceed one thousand dollars.
S.C. Code Ann. § 46-17-300 — SC Code / Title 46 / Chapter 17 / Section 46-17-300
SECTION 46-17-300. Area of application of agreement or order to be defined.
Status: in_force

Every marketing agreement and order shall define the area to which it applies which may be all or any contiguous portion of the State. The area may be defined as a production area in which case the agreement or order shall regulate all of the affected commodity produced within such area. The area may be defined as a marketing area, and the agreement or order shall regulate all of the commodity which is sold or marketed within such marketing area.
S.C. Code Ann. § 46-19-300 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-300
SECTION 46-19-300. Rules and regulations.
Status: in_force

The Commissioner is authorized to adopt and promulgate rules and regulations designed to implement this program and to accomplish the purposes of this article and, after legally adopted and promulgated, such rules and regulations shall have the force and effect of law.
S.C. Code Ann. § 46-41-25 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-25
SECTION 46-41-25. Provisions not to apply to South Carolina miller.
Status: in_force

The provisions of Section 46-41-30 shall not apply to any South Carolina miller who receives and purchases grains from producers on a cash on delivery basis only and pays by check or draft and post conspicuously in his place of business a notice to the producer that the miller is (a) not a licensed dealer; (b) not bonded as a licensed dealer; (c) does not collect assessments for, nor offer the protection of the South Carolina Grain Producers Guaranty Fund, and gives the same notice in writing to the producer prior to receipt and purchase of each lot of grain, and registers with the Commissioner an affidavit of this fact which shall be renewed on an annual basis.
S.C. Code Ann. § 46-13-160 — SC Code / Title 46 / Chapter 13 / Section 46-13-160
SECTION 46-13-160. Information and courses of instruction.
Status: in_force

The Cooperative Extension Service and other divisions of Clemson University shall, in cooperation with other public educational institutions and any other state agency, publish information and conduct short courses of instruction in the areas of knowledge required in Section 46-13-60.
S.C. Code Ann. § 46-23-80 — SC Code / Title 46 / Chapter 23 / Section 46-23-80
SECTION 46-23-80. Penalty.
Status: in_force

Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or both. Effect of Amendment 2017 Act No. 31, SECTION 6, substituted "is guilty" for ", or any regulation promulgated thereunder, shall be deemed guilty", and made nonsubstantive changes.
S.C. Code Ann. § 46-27-440 — SC Code / Title 46 / Chapter 27 / Article 7 / Section 46-27-440
SECTION 46-27-440. Obstructing inspection of feed.
Status: in_force

Any manufacturer, importer, jobber or dealer who refuses to comply with the requirements of the provisions of Articles 1 to 9 of this chapter or any manufacturer, importer, jobber or person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any chemist, inspector or other authorized agent in the performance of his duty in connection with the provisions of such articles shall be guilty of a violation of the provisions of such articles.
S.C. Code Ann. § 46-25-70 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-70
SECTION 46-25-70. Misbranding.
Status: in_force

A commercial fertilizer is misbranded if it carries any false or misleading statement upon or attached to the container, or, if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the commercial fertilizer. It shall be unlawful to distribute a misbranded commercial fertilizer.
S.C. Code Ann. § 46-3-160 — SC Code / Title 46 / Chapter 3 / Section 46-3-160
SECTION 46-3-160. Agreements with United States Government for conduct of aquatic plant control projects.
Status: in_force

The Commissioner of Agriculture is authorized to enter into agreements with the United States Government for the conduct of aquatic plant control projects under the provisions of Public Laws 85-500, 87-874 and 89-298, and to give such assurances on behalf of the State as may be required under the provisions of such laws.
S.C. Code Ann. § 46-7-90 — SC Code / Title 46 / Chapter 7 / Section 46-7-90
SECTION 46-7-90. Receipt and use of grants under act providing for research and cooperative extension work.
Status: in_force

The board of trustees of Clemson University may receive such grants and use them for the benefit of the State in accordance with the terms and conditions expressed in the act of Congress referred to in Section 46-7-80; provided, that the grants for the more complete endowment and support of land-grant colleges shall be equally divided between Clemson University and South Carolina State College as now provided by law.
S.C. Code Ann. § 46-11-30 — SC Code / Title 46 / Chapter 11 / Article XI / Section 46-11-30
SECTION 46-11-30. Copies of bylaws and amendments to be filed with Commissioner.
Status: in_force

Pursuant to Article IV (h) of the compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture.
S.C. Code Ann. § 46-33-100 — SC Code / Title 46 / Chapter 33 / Section 46-33-100
SECTION 46-33-100. Stop sale, use, or distribution orders; appeals.
Status: in_force

If a person, subject to this chapter or another chapter under the cognizance of the commission, is selling, distributing, or growing plant material in violation of this chapter or other chapters, agents of the commission shall issue to the owner or custodian of the material a written stop sale, use, or distribution order. The material may not be sold, used, or distributed until the provisions of the chapter or other chapters have been brought into compliance and the material released by the director. A stop sale order may be appealed in writing to the director within fifteen days after the issuance of the order. The director shall respond in writing within ten days after receipt of the appeal.
S.C. Code Ann. § 46-42-80 — SC Code / Title 46 / Chapter 42 / Section 46-42-80
SECTION 46-42-80. Penalties for violation of chapter.
Status: in_force

Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed one thousand dollars or imprisoned for a term not to exceed six months or both.
S.C. Code Ann. § 46-3-190 — SC Code / Title 46 / Chapter 3 / Section 46-3-190
SECTION 46-3-190. Revocation of registrations or licenses; notice and hearing required.
Status: in_force

No such registration or license, however, shall be revoked until the person concerned shall have been notified and a public hearing accorded such person. At such hearing all persons concerned shall be accorded the right of counsel and the right to introduce evidence in their behalf.
S.C. Code Ann. § 46-49-40 — SC Code / Title 46 / Chapter 49 / Section 46-49-40
SECTION 46-49-40. Authority of Department of Agriculture to hold hearings to investigate matters affecting dairy industry; additional powers.
Status: in_force

The department may hold hearings to investigate any matters affecting the state dairy industry. The department has the authority under this section to issue subpoenas, take depositions of witnesses, and grant immunity from prosecution for violation of terms under the statutes for giving testimony or furnishing records in the course of an investigation. The department may apply to any court of competent jurisdiction for orders requiring compliance by persons failing or refusing to comply with the provisions of this chapter.
S.C. Code Ann. § 46-40-10 — SC Code / Title 46 / Chapter 40 / Section 46-40-10
SECTION 46-40-10. South Carolina Grain Dealers Guaranty Fund created.
Status: in_force

There is created within the State Treasury a separate fund to be known as the "South Carolina Grain Dealers Guaranty Fund". Editor's Note 2000 Act No. 381, Part II, SECTION 3, provides as follows: "The Department of Agriculture may promulgate regulations necessary to carry out the provision of Chapter 40 of Title 46 of the 1976 Code."
S.C. Code Ann. § 46-21-25 — SC Code / Title 46 / Chapter 21 / Article 1 / Section 46-21-25
SECTION 46-21-25. Enforcement; authority of state seed law enforcement officers; authority of Department of Agriculture employees; local regulation preempted.
Status: in_force

(A) The Commissioner of Agriculture or his authorized agents shall enforce this chapter and execute its provisions and requirements. The Commissioner or his authorized agents shall: (1) sample, inspect, make analysis of, and test seeds subject to the provisions of this chapter that are transported, sold or offered or exposed for sale within the State for sowing purposes, at such time and place and to the extent as he may deem necessary to determine whether the seeds are in compliance with provisions of this chapter, and promptly to notify the person who sold, offered, or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed, of a violation, stop sale order, or seizure; and (2) prescribe, amend, adopt, and publish after following due public notice: (a) regulations governing the method of sampling, inspecting, analyzing, testing, and examining seeds subject to provisions of this chapter and the tolerances to be used and other regulations necessary to secure efficient enforcement of this chapter; (b) a prohibited and restricted noxious weed list; (c) regulations establishing reasonable standards of germination for agriculture, vegetable seeds, and flower seeds; (d) regulations for labeling flower seeds in respect to kind and variety or type and performance characteristics as required by Section 46-21-215; (e) a list of the flower seeds subject to the flower seed germination labeling requirements of Section 46-21-215; and (f) a list of the vegetable seeds subject to the vegetable seed germination labeling requirements of Section 46-21-215. (B) For the purpose of carrying out the provisions of this chapter, state seed law enforcement officers are authorized to: (1) enter upon a public or private premises during regular business hours in order to have access to seeds and the records subject to this chapter and regulations under them, a truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose; (2) issue and enforce a written or printed "stop sale" order to the owner or custodian of a lot of seed subject to the provisions of this chapter when the enforcement officer finds a violation of the provisions of this chapter or regulations promulgated pursuant to this chapter, which order prohibits further sale, conditioning, and movement of the seed, except on approval of the enforcing officer, until the officer has evidence that the law has been complied with, and he has issued a release from the "stop sale" order of the seed, provided that in respect to seed which has been denied sale, conditioning, and movement as provided in this item, the owner or custodian of the seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, seeking a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, condition, and movement in accordance with the findings of the court. The provisions of this item must not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter; (3) establish and maintain a seed testing laboratory, to employ qualified persons, and to incur expenses as may be necessary to comply with the provisions of this chapter; (4) make or provide for purity and germination tests of seed for farmers and dealers on request; to promulgate regulations governing the testing; and to fix and collect charges, where applicable, for the tests made. Fees collected for these purposes must be set by regulation, and the fees must be retained by the Department of Agriculture to cover the costs of administering this chapter; and (5) cooperate with the United States Department of Agriculture and other agencies in seed law enforcement. (C) All authority vested in the Commissioner by virtue of the provisions of this chapter may with like force and effect be executed by Department of Agriculture employees as the Commissioner may designate. (D) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the registration, licensing, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of another political subdivision may prohibit or in any way attempt to regulate a matter relating to the registration, certification, licensing, labeling, sale, storage, transportation, distribution, notification of use or use of seeds, if any of these ordinances, laws, or regulations are in conflict with this chapter.
S.C. Code Ann. § 46-11-20 — SC Code / Title 46 / Chapter 11 / Article XI / Section 46-11-20
SECTION 46-11-20. Cooperation of State departments, agencies, and officers with insurance fund.
Status: in_force

Consistent with law and within available appropriations, the departments, agencies and officers of this State may cooperate with the insurance fund established by the Pest Control Compact.
S.C. Code Ann. § 46-17-70 — SC Code / Title 46 / Chapter 17 / Section 46-17-70
SECTION 46-17-70. When notice, hearing, and referendum are required; costs.
Status: in_force

No marketing order, agreement, amendment, or termination shall be issued without notice and public hearing. No marketing order or termination shall be issued without assent by referendum. The costs of initial hearings and the referendum in the case of marketing orders shall be paid by the Commission.
S.C. Code Ann. § 46-27-450 — SC Code / Title 46 / Chapter 27 / Article 7 / Section 46-27-450
SECTION 46-27-450. Analysts, chemists, and inspectors.
Status: in_force

The Commissioner shall appoint such analysts, chemists and inspectors as may be required to carry out the provisions of Articles 1 to 9 of this chapter.
S.C. Code Ann. § 46-25-30 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-30
SECTION 46-25-30. Guaranteed analysis of certain plant nutrients.
Status: in_force

Until the commission prescribes the alternative form of "guaranteed analysis", the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form: When the commission finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, it may require by regulation thereafter that the guaranteed analysis shall be in the following form: The effective date of the regulation shall not be less than six months following the issuance thereof and for a period of two years following the effective date of the regulation the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under the provisions of this section, requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus and potassium shall constitute the grade. For unacidulated mineral phosphatic materials and basic slag, bone, tankage and other organic phosphate materials, the total phosphoric acid and degree of fineness may also be guaranteed. Guarantees for other plant nutrients other than nitrogen, phosphorus, and potassium may be permitted or required by regulation of the commission. The guarantees for other such nutrients must be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) are required upon registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commission. When any plant nutrients or other substances or compounds are guaranteed, they are subject to inspection and analysis in accord with the methods and regulations prescribed by the commission. In fertilizers designated for use in tobacco products, the chlorine content must be guaranteed by the registrant at the time of registration to comply with existing regulations promulgated under authority of this chapter. A change in the chlorine content must be reported immediately to the commission. The commission may require proof of claims made for any fertilizer. If no claims are made, proof of usefulness and value of the fertilizer may be required. For evidence of proof, the commission may rely on scientifically- accepted, experimental data and evaluations. The experimental design must be related to conditions applicable to South Carolina. The commission may request assistance from the Director of the Clemson Experiment Station or the Director of the Cooperative Extension Service or persons under their supervision for interpretation of data and for advice of the acceptability of data. Scientific data from any source may be used by the commission as a basis for acceptance or rejection of claims.
S.C. Code Ann. § 46-45-60 — SC Code / Title 46 / Chapter 45 / Section 46-45-60
SECTION 46-45-60. Local ordinances to contrary null and void.
Status: in_force

(A) Notwithstanding any local law or ordinance, an agricultural operation or facility is considered to be in compliance with the local law or ordinance if the operation or facility would otherwise comply with state law or regulations governing the facility or operation. With the exception of new swine operations and new slaughterhouse operations, to the extent an ordinance of a unit of local government: (1) attempts to regulate the licensing or operation of an agricultural facility in any manner that is not identical to the laws of this State and regulations of the Department of Health and Environmental Control and amendments thereto; (2) makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter; or (3) is not identical to state law and regulations governing agricultural operations or agricultural facilities, is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply to an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city. (B) The provisions of this section shall not preclude any right a county may have to determine whether an agricultural use is a permitted use under the county's land use and zoning authority; provided, if an agricultural facility or an agricultural operation is a permitted use, or is approved as a use pursuant to any county conditional use, special exception or similar county procedure, county development standards, or other ordinances that are not identical with the laws of this State or the regulations of the Department of Health and Environmental Control are null and void to the extent they (a) apply to agricultural operations or facilities otherwise permitted by this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control, and (b) are not identical to this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control.
S.C. Code Ann. § 46-21-215 — SC Code / Title 46 / Chapter 21 / Article 3 / Section 46-21-215
SECTION 46-21-215. Agricultural, vegetable, and flower seed containers to have label or tag; contents of labels or tags.
Status: in_force

Each container of agricultural, vegetable, and flower seeds which is sold, offered for sale, or exposed for sale, or transported within this State for sowing purposes must state or have affixed in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement may not be modified or denied in the labeling or on another label attached to the container. (A) For all agricultural, vegetable, and flower seeds treated as defined in this chapter for which a separate label may be used: (1) a word or statement indicating that the seed has been treated; (2) the commonly accepted coined, chemical, abbreviated chemical, or generic name of the applied substance or description of the process used; (3) if the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "do not use for food, feed, or oil purposes". The caution for mercurials and similarly toxic substances must be a poison statement or symbol; and (4) if the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective, and its date of expiration. (B) For agricultural seeds, except for cool season lawn and turf grass seeds and mixtures as provided in subsection (C) and for hybrids which contain less than ninety-five percent hybrid seed as provided in subsection (I): (1) the name of the kind and variety for each agricultural seed component present in excess of five percent of the whole and the percentage by weight of each; in order of its predominance where more than one component is required to be named the word "mixture" or the word "mixed" must be shown conspicuously on the label. Hybrids must be labeled as hybrids; (2) lot number or other lot identification; (3) origin, state or foreign country, if known; if unknown, the fact must be stated; (4) percentage by weight of all weed seeds; (5) the name and rate of occurrence per pound of each kind of restricted noxious weed seed present; (6) percentage by weight of other crop seed; (7) percentage by weight of inert matter; (8) the total of items (1), (4), (6), and (7) must equal one hundred percent; (9) for each named agricultural seed: (a) percentage of germination, exclusive of hard seed; (b) percentage of hard seeds, if present; and (c) the calendar month and year the test was completed to determine the percentages. Following subitems (a) and (b) the "total germination and hard seed" may be stated, if desired; and (10) name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State. (C) For cool season lawn and turf grasses including Kentucky bluegrass, red fescue, chewing fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, creeping bentgrass, and mixtures of them: (1) for single kinds, the name of the kind or kind and variety; (2) for mixtures: (a) the terms "mix", "mixed", or "mixture" or "blend" must be stated with the name of the mixture; (b) the heading "Pure Seed" and "Germination" or "Germ" must be used in the proper places; (c) commonly accepted name of kind and variety of each agricultural seed component in excess of five percent of the whole, and the percentage by weights of pure seed in order of its predominance; (3) lot number or other lot identification; (4) origin, state or foreign country, if known; if unknown, it must be stated; (5) percentage by weight of all weed seeds; (6) the name and rate of occurrence per pound of each kind of restricted noxious weed seed present; (7) percentage by weight of other crop seed; (8) percentage by weight of inert matter; (9) the total of items (1), (2), (5), (7), and (8) must be one hundred percent; and (10) for each agricultural seed named under item (1) or (2): (a) percentage of germination, exclusive of hard seed; (b) percentage of hard seed, if present; (c) calendar month and year the test was completed to determine percentages. The oldest test date must be used and the date of sale must be within fifteen months of this test date, exclusive of the month of the test, or alternatively the statement "Sell by _________", which may be no more than fifteen months from the date of test exclusive of the month of test; and (d) name and address of the person who labeled the seed, or who sells, offers or exposes this seed for sale within the State. (D) For agricultural seeds that are coated: (1) percentage by weight of pure seeds with coating material removed; (2) percentage by weight of coating material; (3) percentage by weight of inert material exclusive of coating material; and (4) in addition to the provisions of this subsection, labeling of coated seed must comply with the requirements of subsections (A), (B), and (C). (E) For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other plant devices: (1) name of kind and variety of seed; (2) lot identification, such as by lot number or other means; (3)(a) the calendar month and year the germination test was completed, and the date of sale may be no more than twelve months from the date of test exclusive of the month of the test; or (b) the year for which the seed was packaged for sale as "Packed for _________" and the statement "Sell by _________", which must be twelve months from the date of the test exclusive of the month of the test; (4) name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State; and (5) for seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container. (F) For vegetable seeds in containers other than packets prepared for use in home gardens or household planting and other than preplanted containers, mats, tapes, or other planting devices: (1) the name of each kind and variety present in excess of five percent and the percentage by weight of each in order of its predominance; (2) lot number or other lot identification; (3) for each named vegetable seed: (a) percentage of germination exclusive of hard seed; (b) percentage of hard seed, if present; (c) the calendar month and year the test was completed to determine the percentages; and (d) germination test must have been completed within twelve months exclusive of the month of test. Following subitems (a) and (b) the "total germination and hard seed" may be stated, if desired; (4) name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State; and (5) the labeling requirements for vegetable seeds in containers of more than one pound is considered to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser. (G) For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices: (1) for all kinds of flower seeds: (a) the name of the kind and variety or a statement of type and performance characteristics as prescribed in regulations promulgated pursuant to the provisions of this chapter; (b)(i) the calendar month and year the germination test was completed and the date of sale may be no more than twelve months from the date of test exclusive of the month of the test; or (ii) the year the seed was packed for sale as "Packed for _________" and the statement "Sell by _________", which must be twelve months from the date of the test exclusive of the month of the test; (c) the name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State; and (2) for seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container. (H) For flower seeds in containers other than packets and other than preplanted containers, mats, tapes, or other planting devices and not prepared for use in home flower gardens or household plantings: (1) the name of the kind and variety or a statement of type and performance characteristics as prescribed by regulations promulgated pursuant to the provisions of this chapter, and for wildflowers, the genus and species and subspecies, if appropriate; (2) the lot number or other lot identification; (3) for wildflower seed only with a pure seed percentage of less than ninety percent: (a) the percentage, by weight, of each component listed in order of their predominance; (b) the percentage by weight of weed seed if present; and (c) the percentage by weight of inert matter; (4) for seeds for which standard testing procedures are prescribed: (a) percentage of germination exclusive of hard or dormant seed; (b) percentage of hard or dormant seed, if present; (c) the calendar month and year that the test was completed to determine the percentages; germination test must have been completed within twelve months exclusive of the month of test; and (5) name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State. (I) For agricultural and vegetable hybrid seed which contain less than ninety-five percent hybrid seed: (a) kind or variety must be labeled as "hybrid"; (b) the percent which is hybrid must be labeled parenthetically in direct association following named variety; such as, "Comet (85% hybrid)"; and (c) varieties in which the pure seed contains less than seventy-five percent hybrid seed may not be labeled hybrids.
S.C. Code Ann. § 46-3-130 — SC Code / Title 46 / Chapter 3 / Section 46-3-130
SECTION 46-3-130. Contracts for use of department personnel and facilities by other State agencies.
Status: in_force

The State Department of Agriculture is authorized to enter into contracts or agreements with any State agency whereby its personnel and facilities may be utilized by the agency. If any fees are charged by the agency the agency may retain the amount necessary for administration, not to exceed the sum agreed upon between the agency and the Department, and the remainder, if any, shall be transmitted to the State Treasurer and deposited to the account of the Department of Agriculture and shall be utilized by the Department for reimbursement of any expenses incurred.
S.C. Code Ann. § 46-11-70 — SC Code / Title 46 / Chapter 11 / Article XI / Section 46-11-70
SECTION 46-11-70. "Executive head" defined.
Status: in_force

As used in the compact, with reference to this State, the term "executive head" shall mean the Governor.
S.C. Code Ann. § 46-17-110 — SC Code / Title 46 / Chapter 17 / Section 46-17-110
SECTION 46-17-110. Filing of objections; final decision.
Status: in_force

After the issuance of a preliminary decision all interested parties shall have a period of not less than ten days to file objections with the Commission. Thereafter the Commission shall consider such objections and exceptions and shall issue and publish a final decision.
S.C. Code Ann. § 46-13-175 — SC Code / Title 46 / Chapter 13 / Section 46-13-175
SECTION 46-13-175. Discretion to make pesticides available for minor uses.
Status: in_force

The director shall use discretion to waive any provisions of this chapter, as necessary, to insure the availability of pesticides for minor uses.