S.C. Code Ann. § 46-11-40 — SC Code / Title 46 / Chapter 11 / Article XI / Section 46-11-40
SECTION 46-11-40. Compact to be administered by Commissioner.
Status: in_force

The compact administrator for this State shall be the Commissioner of Agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of his office.
S.C. Code Ann. § 46-25-1110 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1110
SECTION 46-25-1110. Seller deemed agent for service of process on out-of-state manufacturer.
Status: in_force

Any seller of commercial fertilizers manufactured beyond this State shall be taken and deemed to be an agent of the manufacturer of such fertilizer for the purpose of the service of process and of such papers as may be necessary in the commencement of any action or suit in any court of competent jurisdiction authorized by this chapter.
S.C. Code Ann. § 46-35-50 — SC Code / Title 46 / Chapter 35 / Section 46-35-50
SECTION 46-35-50. Order for removal or destruction of trees; service.
Status: in_force

On the day the citation is returnable the case shall have precedence of all matters except injunctions, older matters over the same character, and matters otherwise given precedence by law. The court shall decide whether or not the neglected or abandoned orchard trees must be destroyed or removed. If the court finds that the removal or destruction of the neglected or abandoned orchard trees is necessary for the welfare of the fruitgrowing industry of the State, it shall order the removal or destruction of the neglected or abandoned orchard trees within thirty days. The order must be served by the Commission, or by any person deputized by it, upon the owner, if he can be found or upon the person in charge or possession of the property. If the owner or person in charge or possession of the property cannot be found the order must be served by posting it in a conspicuous place upon the property. Upon petition by the owner and a showing that the owner has commenced the removal or destruction process and is proceeding in good faith, the circuit judge may allow a reasonable extension of time for the owner to complete the removal or destruction process.
S.C. Code Ann. § 46-27-820 — SC Code / Title 46 / Chapter 27 / Article 11 / Section 46-27-820
SECTION 46-27-820. Prerequisites to sale of patent stock or poultry preparations.
Status: in_force

Before any condimental, patented, proprietary or trademarked preparation called a "stock or poultry tonic", "stock or poultry regulator", "stock or poultry conditioner", or "stock or poultry remedy", or any similar preparation, regardless of how it may be called or the specific name or title under which it is sold, which is represented as containing tonic, remedial or other medicinal properties, is sold or offered or exposed for sale in the State, the manufacturer, importer, dealer, agent or person who causes it to be sold or offered or exposed for sale, by sample or otherwise, within this State, shall file with the Commissioner: (1) A statement that he desires to offer such preparation for sale in this State; (2) A certificate, the execution of which shall be sworn to before a notary public or other proper official for registration, stating (a) the name of the manufacturer, (b) the location of the principal office of the manufacturer, (c) the name, brand or trademark under which the preparation will be sold; (3) A guaranty that (a) the preparation is not injurious to the health of domestic animals and does not conflict with the drug requirements of Articles 1 and 3 of Chapter 53 of Title 44, (b) the name or trademark under which the article is sold will not mislead or deceive the purchaser in any way, (c) any statement, design or device on the label or package regarding the substances contained therein shall be true and correct and any claim made for the feeding, condimental, tonic or medicinal value shall not be false or misleading in any particular; (4) A labeled package of each brand of goods, showing the claims made for it.
S.C. Code Ann. § 46-37-40 — SC Code / Title 46 / Chapter 37 / Section 46-37-40
SECTION 46-37-40. Introduction of used fixtures regulated.
Status: in_force

The shipment or movement into this State of any used or secondhand fixtures is prohibited unless permitted by regulations of the division.
S.C. Code Ann. § 46-25-20 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-20
SECTION 46-25-20. Definitions.
Status: in_force

When used in this chapter: (1) "Commission" means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority. (2) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by regulation of the commission. (a) "Fertilizer material" is a commercial fertilizer which either: 1. contains important quantities of no more than one of the primary plant nutrients, nitrogen, phosphoric acid, and potash; 2. has approximately eighty-five percent of its plant nutrient content present in the form of a single chemical compound; 3. is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in a way so that its content of primary plant nutrients has not been changed materially except by purification and concentration. (b) "Mixed fertilizer" is a commercial fertilizer containing a combination or mixture of fertilizer materials. (c) "Specialty fertilizer" is a commercial fertilizer distributed primarily for nonfarm use such as home gardens, lawns, shrubbery, flowers, foliage plants, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. (d) "Bulk fertilizer" is a commercial fertilizer distributed in a nonpackaged form. (e) "Restricted fertilizer" means a commercial fertilizer having a potential explosive capacity that is determined by the commission to present an unreasonable threat to public safety. (3) "Brand" means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. (4) "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in accordance with Section 46-25-30. (5) "Grade" means the percentage of nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. Fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units. (6) "Official sample" means a sample of commercial fertilizer taken by the board or its agent and designated "official" by the board. (7) "Ton" means a net weight of two thousand pounds avoirdupois. (8) "Percent" means the percentage by weight. (9) "Unit" of plant nutrient means twenty pounds or one percent of a ton. (10) "Person" includes individual, partnership, association, firm, and corporation. (11) "Distributor" means a person who imports, consigns, manufactures, produces compounds of, mixes, or blends commercial fertilizer or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this State. (12) "Registrant" means the person who registers commercial fertilizer under this chapter. (13) "Label" means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. (14) "Labeling" means all written, printed, or graphic matter upon or accompanying commercial fertilizer or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers. (15) "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer. (16) "Soil amendment" includes every substance or mixture of substances that is intended to improve the physical characteristics of the soil, except commercial fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation. (17) "Unmanipulated manure" means substances composed primarily of excreta plant remains or mixtures of the substances which have not been processed. (18) "Manipulated manures" means substances composed primarily of excreta plant remains or mixtures of the substances which have been processed including the addition of plant foods, drying, grinding, and other means. (19) "Director" means the Director of Regulatory and Public Service Programs, Clemson University. (20) "Division" means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials.
S.C. Code Ann. § 46-13-150 — SC Code / Title 46 / Chapter 13 / Section 46-13-150
SECTION 46-13-150. Pesticide advisory committee.
Status: in_force

There is created a pesticide advisory committee consisting of five licensed commercial applicators residing in the State, one of whom must be licensed to operate horticultural ground equipment, one must be licensed to operate agricultural ground equipment, one must be licensed to operate aerial equipment, and two must be licensed for structural pest control; one entomologist in public service; one toxicologist in public service; one herbicide specialist in public service; two members from the agrichemical industry, one of whom must be a pesticide dealer; two producers of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides; one representative of the South Carolina Department of Natural Resources; one plant pathologist in public service; one representative of the South Carolina State Forestry Commission; one representative of the South Carolina Department of Agriculture; one representative of the South Carolina Department of Health and Environmental Control; and two citizens from the State at large. The members must be residents of this State and must be appointed by the Governor on the recommendation of the following organizations: (1) The South Carolina Aerial Applicators' Association shall recommend the pesticide applicator licensed to operate aerial equipment. (2) The South Carolina Pest Control Operator's Association shall recommend the pesticide applicator licensed to operate horticultural ground equipment and two pesticide applicators licensed for structural pest control. (3) The Vice President and Vice Provost of Agriculture and Natural Resources of Clemson University shall recommend the herbicide specialist in public service, the entomologist in public service, and the plant pathologist in public service. (4) The members of the South Carolina Fertilizer and Agrichemical Association shall recommend the member from the agrichemical industry and the pesticide dealer. (5) The South Carolina Farm Bureau shall recommend the two producers of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides, and the commercial applicator licensed to operate agricultural ground equipment. (6) The Director of the South Carolina Department of Natural Resources shall recommend the member from the South Carolina Department of Natural Resources. (7) The State Forester shall recommend the member from the South Carolina State Forestry Commission. (8) The Commissioner of Agriculture shall recommend the member from the South Carolina Department of Agriculture. (9) The director of the Department of Health and Environmental Control shall recommend the member from that department. (10) The administrator of the Department of Consumer Affairs shall recommend the two citizens at large. Such members shall be appointed for terms of four years and may be appointed for successive terms; provided, that at the inception of this chapter the pesticide applicator licensed to operate aerial equipment, the entomologist in public service, the herbicide specialist, one of the two producers of agricultural crops, and the representative from the South Carolina Department of Agriculture shall be appointed for two years; the pesticide applicator licensed for structural pest control, one of the two pesticide applicators licensed to operate ground equipment, one of the two producers of agricultural crops, the pesticide dealer representing the South Carolina Pesticide Association, and the plant pathologist in public service shall be appointed for a period of three years; one of the two pesticide applicators licensed to operate ground equipment, the toxicologist in public service, the member of the agrichemical industry representing the South Carolina Pesticide Association, the representative of the South Carolina Department of Natural Resources, the representative from the South Carolina Commission of Forestry and the representative from the Department of Health and Environmental Control shall be appointed for a period of four years. All subsequent terms for appointment to such committee shall be for a period of four years. The appointing organizations shall have the authority to recommend the removal of the appointees prior to the expiration of their term of appointment for cause. Upon the death, resignation, or removal for cause of any member of the committee, such vacancy shall be filled within thirty days of its creation for the remainder of its term in the manner herein prescribed for appointment to the committee. The committee shall elect one of its members chairman. The members of the committee shall meet at such time and at such place as shall be specified by the call of the Director, Chairman, or a majority of the committee. The committee shall advise the Director on any or all problems relating to the use and application of pesticides. This may include pest control problems, environmental or health problems related to pesticide use, and review of needed legislation, regulations and agency programs.
S.C. Code Ann. § 46-3-180 — SC Code / Title 46 / Chapter 3 / Section 46-3-180
SECTION 46-3-180. Revocation of registrations or licenses; generally.
Status: in_force

The Commissioner may revoke for cause, either permanently or for a definite period of time, any registration or license issued by him.
S.C. Code Ann. § 46-39-70 — SC Code / Title 46 / Chapter 39 / Section 46-39-70
SECTION 46-39-70. Minimum limitation on amount of capital stock; par value.
Status: in_force

No association shall be formed under this chapter with a capital stock less than one hundred dollars. The par value of the shares shall not be less than one dollar.
S.C. Code Ann. § 46-25-240 — SC Code / Title 46 / Chapter 25 / Article 3 / Section 46-25-240
SECTION 46-25-240. When registration and sale may be prohibited.
Status: in_force

The commission may prohibit the registration and sale of any fertilizer which has a misleading or deceptive trademark or commercial brand name, firm name, or carries exaggerated claims, or contains materials other than recognized plant nutrients which are injurious to growing plants.
S.C. Code Ann. § 46-31-60 — SC Code / Title 46 / Chapter 31 / Section 46-31-60
SECTION 46-31-60. Question in referendum.
Status: in_force

The referendum must be upon the question of whether or not the farmers eligible for participation and voting in the referendum shall vote upon themselves, for the period of three years, an assessment not to exceed ten dollars an acre on all tobacco acreage in the State, or not to exceed fifty cents for each hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided for in Section 46-31-140, for the purpose of providing farmer participation in the fund and through the agency established for the promotion of flue-cured tobacco, the exact amount an acre of the assessment 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.
S.C. Code Ann. § 46-21-315 — SC Code / Title 46 / Chapter 21 / Article 5 / Section 46-21-315
SECTION 46-21-315. Examination and testing of seeds.
Status: in_force

Before being offered for sale or distribution, all seeds sold in this State first must be examined and tested according to the provisions of this chapter.
S.C. Code Ann. § 46-55-30 — SC Code / Title 46 / Chapter 55 / Section 46-55-30
SECTION 46-55-30. Application of chapter.
Status: in_force

The provisions contained in this chapter do not apply to the possession, handling, transport, or sale of hemp products and extracts, including those containing hemp-derived cannabinoids, including CBD. Nothing in this chapter authorizes any person to violate any federal or state law or regulation. Editor's Note Prior Laws: Former SECTION 46-55-30 was titled Industrial hemp excluded from Section 44-53-110, and had the following history: 2014 Act No. 216 (S.839), SECTION 2, eff June 2, 2014. See now, Code 1976 SECTION 46-55-50. 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 hemp growers' propagation methods and persons not subject to civil or criminal actions under state law.
S.C. Code Ann. § 46-27-330 — SC Code / Title 46 / Chapter 27 / Article 5 / Section 46-27-330
SECTION 46-27-330. Cards for sales in bulk.
Status: in_force

Whenever any commercial feed is kept for sale in bulk, stored in bins or otherwise, the manufacturer, dealer, jobber or importer keeping it for sale shall keep cards of proper size upon which the statement required by Section 46-27-310 shall be plainly printed; and if the commercial feed is sold at retail in bulk or if it is put up in packages belonging to the purchaser, the manufacturer, dealer, jobber or importer shall furnish the purchaser with one of the cards upon which is printed the statement required by Section 46-27-310.
S.C. Code Ann. § 46-13-20 — SC Code / Title 46 / Chapter 13 / Section 46-13-20
SECTION 46-13-20. Definitions.
Status: in_force

For purposes of this chapter: A. The term "active ingredient" means: (1) in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plants or the product thereof; (3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and (4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue. B. The term "administrator" means the Administrator of the United States Environmental Protection Agency. C. The term "adulterated" applies to any pesticide if: (1) its strength or purity falls below the professed standard or quality as expressed on its labeling under which it is sold; (2) any substance has been substituted wholly or in part for the pesticide; or (3) any valuable constituent of the pesticide has been wholly or in part abstracted. D. The term "animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. E. "Antidote" means a practical treatment in case of poisoning and includes first-aid treatment. F. "Committee" means the Pesticide Advisory Committee. G. (1) The term "certified Applicator" means any individual who is certified by the Director as being competent to use or supervise the use of any pesticide which is classified for restricted use. (2) The term "private applicator" means a person who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity, including forestry products, on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person. (3) The term "commercial applicator" means a person engaged in the business of using or supervising the use of any restricted use pesticide on the property of another. (4) The term "noncommercial applicator" means a person (including officials or employees of federal, state or local government) who uses or supervises the use of any restricted use pesticide who is not a private applicator (whether or not he is a private applicator with respect to some uses) or a commercial applicator. H. "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. I. "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. J. "Device" means any instrument or contrivance containing or integrally associated with a pesticide, but not including equipment used for the application of pesticides when sold separately therefrom. K. "Director" means the Director of the Division of Regulatory and Public Service Programs, College of Agricultural Sciences, Clemson University. L. "Disinfectant" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any virus, bacteria or other microorganisms (except viruses, bacteria or other microorganisms on or in living man or other living animals). M. "Environment" includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these. N. "Equipment" means any type of ground, water or aerial equipment or contrivance using motorized, mechanical or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating or stored on or in such land, but shall not include any pressurized hand sized household apparatus used to apply any pesticide or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application. O. "Establishment" means any place where a pesticide or device is produced or held, for sale or distribution. P. "Fungus" means any non-chlorophyll-bearing thallophyte (that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts) as for example, rust, smut, mildew, mold, yeast and bacteria, except those on or in living man or other living animals, and except those on or in processed food, beverages, or pharmaceuticals. Q. "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungus. R. "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed or shrub. S. "Imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings would be likely to result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior under Public Law 91-135. T. "Inert ingredient" means an ingredient which is not active. U. "Ingredient statement" means a statement which contains: (1) the name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide; and (2) if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elemental arsenic. V. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the Class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes, and wood lice. W. "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever. X. (1) The term "label" means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. (2) The term "labeling" means all labels and all other written, printed, or graphic matter: (a) accompanying the pesticide or device at any time; or (b) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, The Department of Health, Education and Welfare, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. Y. The term "misbranded" shall apply: (1) To any pesticide or device subject to this chapter: (a) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading; (b) If it is contained in a package or other container which does not conform to the standards established by the Administrator pursuant to SECTION 25(c)(3) of Public Law 92-516; (c) If it is an imitation of or is distributed under the name of another pesticide or device without disclosure; (d) If any word, statement, or other information, required by this chapter or regulations adopted thereunder to appear on the label or labeling, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling), and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (2) To any pesticide: (a) If its labeling bears any reference to registration under the provisions of this chapter unless such reference be required by regulations under this chapter; (b) If the labeling does not contain a statement of the use classification under which the product is registered; (c) If the label does not bear: (i) Name, brand or trademark under which the pesticide is distributed; (ii) An ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; provided, that the Director may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase; (iii) Directions for use which are necessary for effecting the purpose for which the product is intended and if complied with adequate for the protection of health and the environment; (iv) A warning or caution statement which may be necessary and which, if complied with, would be adequate to protect the health and environment; (v) The net weight or measure of the contents subject to the provisions of Chapter 9 of Title 39 of the 1976 Code; (vi) The name and address of the manufacturer, registrant or person for whom manufactured; and (vii) The registration number assigned to each establishment in which it was produced if required by regulations under this chapter. (d) If that pesticide contains any substance or substances in quantities highly toxic to man, determined, as provided by Section 46-13-30, unless the label bears, in addition to any other matter required by this chapter: (i) The skull and crossbones; (ii) The word "POISON" in red prominently displayed on a background of distinctly contrasting color; and (iii) A statement of an antidote or practical treatment (first aid or otherwise) in case of poisoning by the pesticide. (e) If the pesticide container does not bear a label or if the label does not contain all the information required by this chapter or the regulations adopted under this chapter. Z. "Nematode" means invertebrate animals of the Phylum Nemathelminthes and Class Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms." AA. "Nematicide" means any substance intended for preventing, destroying, repelling or mitigating nematodes, other worms, or any other invertebrates which are destructive, constitute a liability, and may be classified as pests. BB. "Person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. CC. "Pest" means (a) any insect, snail, slug, rodent, nematode, fungus, weed, or (b) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or other living animals) which the Director declares to be a pest. DD. "Pesticide" means (a) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, (b) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. EE. "Pesticide dealer" means any person who is engaged in the business of distributing, selling, offering for sale, or holding for sale pesticides classified for restricted uses for distribution directly to users. The term "pesticide dealer" does not include: (1) Persons whose sales of pesticides are limited to pesticides which are not restricted use pesticides; or (2) Practicing veterinarians and physicians who prescribe, dispense, or use pesticides in the performance of their professional services. FF. "Plant regulator" means any substance or mixture of substances, intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the products thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments. Also the term "plant regulator" shall not be required to include any of such of those nutritional mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration. GG. "Producer" means the person who manufactures, prepares, compounds, propagates, or processes any pesticide or device. HH. "Produce" means to manufacture, prepare, compound, propagate or process any pesticide or device. II. "Protect health and the environment" and "protection of health and the environment" mean protection against any unreasonable adverse effects on the environment. JJ. "Public Law 92-516" means the Federal Environmental Pesticide Control Act of 1972 which amended the Federal Insecticide, Fungicide, and Rodenticide Act of 1947. KK. "Registrant" means a person who has registered any pesticide pursuant to the provisions of this chapter. LL. The term "registration" includes reregistration. MM. "Restricted use pesticide" means any pesticide or pesticide use classified for restricted use by the administrator or the director. NN. "Unreasonable Adverse Effects on the Environment" means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. OO. "Under the Direct Supervision of a Certified Applicator". Unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. PP. "Weed" means any plant which grows where not wanted.
S.C. Code Ann. § 46-7-50 — SC Code / Title 46 / Chapter 7 / Section 46-7-50
SECTION 46-7-50. Assent to act of Congress for appropriations for experiment stations.
Status: in_force

The assent of this State was given on March 1, 1909 to the purposes and provisions of an act of Congress entitled "An Act to Provide for an Increased Annual Appropriation for Agricultural Experiment Stations and Regulating the Expenditure Thereof," approved March 16, 1906.
S.C. Code Ann. § 46-17-190 — SC Code / Title 46 / Chapter 17 / Section 46-17-190
SECTION 46-17-190. Establishment of commodity boards.
Status: in_force

Every marketing agreement and order must provide for the establishment of a commodity board of not less than seven nor more than thirteen members and specify the exact number, qualification, nomination, election or appointment, term of office, powers, and all other matters pertaining to the board. The members of the board must be producers. The chairman of the commission or a member of the commission or department designated by the commission must be an ex officio member of each commodity board and has a vote as specified in the order or agreement.
S.C. Code Ann. § 46-40-20 — SC Code / Title 46 / Chapter 40 / Section 46-40-20
SECTION 46-40-20. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the South Carolina Department of Agriculture. (2) "Fair market value" means the value based on the average market price being paid to grain dealers by grain processors on a specified date. (3) "Grain" means any feed grains or oil seeds, except cottonseeds, sold by South Carolina grain dealers. (4) "Debtor" means the Southern Soya Corporation now in bankruptcy. Bankruptcy for this purpose includes a Chapter 7 liquidation or a Chapter 11 reorganization. (5) "Loss" means any monetary loss of a debtor over and beyond the amount protected by the debtor's bond and over and beyond the amount, if any, previously received for the monetary loss from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund as a result of doing business with the debtor. (6) "Date of loss" means the date the debtor filed its petition for bankruptcy. (7) "Grain dealer" means any resident licensed by this State engaged in selling grain received from the producer or the producer's agent.
S.C. Code Ann. § 46-5-10 — SC Code / Title 46 / Chapter 5 / Section 46-5-10
SECTION 46-5-10. Commission created; membership; terms; officers; election of members; vacancies; meetings.
Status: in_force

There is created the Agriculture Commission of South Carolina, to be composed of one member from each judicial circuit and one member from the State at large who shall be designated chairman. The Commissioner of Agriculture shall be a member, ex officio, but without the power to vote. All terms shall be for four years, except that of the chairman, who shall be appointed by the Governor and whose term shall be coterminous with the office of the Governor appointing. The chairman shall be an agricultural producer or grower of agricultural products. The member representing a judicial circuit shall be elected by the legislative delegations representing the circuit. Representation on the Commission shall be rotated among the counties of the circuit except by unanimous consent of all members of the legislative delegation representing the circuit. The Commissioner of Agriculture shall serve as secretary to the Commission. No one shall be appointed or elected who should attain the mandatory retirement age prior to the expiration of his term. The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such call for the purpose of electing a member of the Commission to represent such circuit. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute a quorum for the purpose of electing a member, but no person shall be declared elected who shall fail to receive a majority vote of all the members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall be organized by the election of a chairman and a secretary and such joint legislative delegations shall, subject to the provisions herein, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each circuit shall immediately transmit the name of the person elected to the Secretary of State who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as a member of the Agriculture Commission of South Carolina. The Governor shall thereupon issue a commission to such person and pending such issuance the certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office. Any vacancy shall be filled in the manner as prescribed herein by election by the legislative delegations of the judicial circuit for the unexpired portion of the term. The Commission shall meet on the call of the chairman or a majority of the members. Code Commissioner's Note 1991 Act No. 248, SECTION 6, codified as SECTION 2-13-65, effective January 1, 1992, and governs only transactions which take place after December 31, 1991, provides as follows: "The Code Commissioner is directed to delete all references to legislative members serving in any capacity as a member of a state board or commission, except as allowed by Section 8-13-770 of the 1976 Code."
S.C. Code Ann. § 46-25-860 — SC Code / Title 46 / Chapter 25 / Article 11 / Section 46-25-860
SECTION 46-25-860. Information confidential.
Status: in_force

Any information as to the amount of commercial fertilizer sold and business practices of any guarantor obtained from tonnage reports or from inspection of records and books shall remain confidential and shall not be revealed by the commission or its representatives to the public, persons, or other guarantors.
S.C. Code Ann. § 46-26-40 — SC Code / Title 46 / Chapter 26 / Section 46-26-40
SECTION 46-26-40. Labels; required information.
Status: in_force

(A) Agricultural liming materials sold, offered, or exposed for sale in this State shall have affixed to each package in a conspicuous manner on the outside, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information: (1) the net weight of the agricultural liming material; (2) the brand or trade name of the material; (3) the identification of the product as to type of the agricultural liming material as defined in Section 46-26-20; (4) calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents as prescribed by regulations established by the commission; (5) the minimum percentage of calcium and magnesium expressed as elemental calcium (Ca) and elemental magnesium (Mg). Calcium and magnesium also may be expressed as oxides or carbonates in addition to the elemental expression; (6) the minimum percent by weight passing through United States Standard sieves as prescribed by regulations established by the commission; and (7) the name and principal office address of the manufacturer or distributor. (B) Landplaster sold, offered for sale, or distributed in this State shall have affixed to each package's exterior in a conspicuous manner, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information: (1) the name and address of the manufacturer or distributor guaranteeing the landplaster; (2) the brand or trade name of the material; (3) the net weight; and (4) the guaranteed analysis showing the minimum percentages of calcium and sulfur. (C) No information or statement shall appear on a package, label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type, or composition of the agricultural liming material. (D) In the case of any material which has been adulterated subsequent to packaging, labeling, or loading of it and before delivery to the consumer, a plainly marked notice to that effect must be affixed by the vendor to the package or delivery slip to identify the kind and degree of adulteration in it.
S.C. Code Ann. § 46-30-270 — SC Code / Title 46 / Chapter 30 / Article 3 / Section 46-30-270
SECTION 46-30-270. Administration of Tobacco Community Development Board.
Status: in_force

For administrative assistance, the board may use the services of the Department of Agriculture or other agencies as needed.
S.C. Code Ann. § 46-27-640 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-640
SECTION 46-27-640. When seized feed may be released.
Status: in_force

The Commissioner, however, may in his discretion release the commercial feeds so withdrawn when the requirements of the provisions of Articles 1 to 9 of this chapter have been complied with and upon payment of all the costs or expenses incurred in any proceeding connected with such seizure and withdrawal.
S.C. Code Ann. § 46-17-180 — SC Code / Title 46 / Chapter 17 / Section 46-17-180
SECTION 46-17-180. Agreements and orders administered by Commission with advice and approval of commodity board; employment of additional personnel.
Status: in_force

Each marketing agreement and order shall be administered by the Commission with the advice and approval of a commodity board. For these purposes there shall be included in each order, and may be included in each agreement provisions for the employment of such additional personnel, including attorneys engaged in the private practice of law, subject to the approval and supervision of the Attorney General as determined by the commodity board and the Commission to be necessary and proper. Such provisions may provide for the qualifications, method of selection, term of office, grounds of dismissal, and the detailed powers and duties to be exercised by such additional personnel as may be employed.
S.C. Code Ann. § 46-3-110 — SC Code / Title 46 / Chapter 3 / Section 46-3-110
SECTION 46-3-110. Disposition of moneys derived from sale of inoculating material.
Status: in_force

In the event that the material is manufactured in the laboratories of the Department of Agriculture, the Commissioner shall receive and keep current accounts of all sums derived from the sale of the material at cost and deposit such sums in the State Treasury to the credit of the general fund of the State.
S.C. Code Ann. § 46-33-40 — SC Code / Title 46 / Chapter 33 / Section 46-33-40
SECTION 46-33-40. Appointment of Secretary of State as agent for service of process by out-of-state shippers.
Status: in_force

As a further condition precedent for doing business in this State any person to whom the provisions of Section 46-33-10 apply shall appoint the Secretary of State as his agent to accept service in any suit brought against him for the violation of the conditions of the bond required by Section 46-33-20.
S.C. Code Ann. § 46-17-470 — SC Code / Title 46 / Chapter 17 / Section 46-17-470
SECTION 46-17-470. Liability of members of Commission, board members, and employees.
Status: in_force

The members of any commodity board, including employees thereof, and the Commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No person or employee shall be held responsible individually for any act or omission of any other member of any commission. The liability of the members of the Commission shall be several and not joint and no member shall be liable for the default of any other member.
S.C. Code Ann. § 46-27-80 — SC Code / Title 46 / Chapter 27 / Article 1 / Section 46-27-80
SECTION 46-27-80. Rules and regulations as to grading.
Status: in_force

The Commissioner may prescribe regulations governing the grading of any and all commercial feeds.
S.C. Code Ann. § 46-41-230 — SC Code / Title 46 / Chapter 41 / Article 2 / Section 46-41-230
SECTION 46-41-230. State Treasurer to administer fund; purpose; amount of fund; claims.
Status: in_force

(A) The State Treasurer shall administer the investment of the fund. The department shall administer the collection of assessments and investigate losses for which payment is requested. Unless the agricultural commodity dealer who allegedly occasioned the loss has filed for bankruptcy or is audited pursuant to other judicial proceedings, the department, in conjunction with the State Auditor's Office, shall conduct a financial audit of the agricultural commodity dealer to verify the loss before it may request payment from the fund. The fund must bear all expenses incurred in conducting the audit. After verification, the department shall request that payment for verified losses be made by the State Treasurer to the person incurring a loss. The fund must be established for the benefit of producers who suffer losses on agricultural commodities for which they have paid assessments on, except losses covered by the agricultural commodity dealer's surety bond. When the fund reaches twenty-five million dollars, the assessment ceases. If the twenty-five million dollars is attained prior to the end of a harvest season, the assessment continues until the end of that season. The assessment must be reinstituted as necessary to maintain a balance of twenty-five million dollars in the fund. The first one hundred thousand dollars collected in assessment must be paid into the general fund of the State. Any of these funds not appropriated for the employment of additional auditors for the Warehouse and Dealers and Handlers Division of the Department of Agriculture must be returned to the fund. All income, interest, or otherwise, derived from this fund must be reinvested in the fund. (B) When a loss is incurred for an agricultural commodity for which assessments have been paid within two years of the date of loss, the producer shall within ninety days present his claim, which must be under oath, to the department on a form supplied by the department. To verify his claim, the producer shall present any evidence of loss the department considers necessary. The price for each bushel or bale of the agricultural commodity must be established on the day of the loss and must be for the fair market value on that day at the location of loss. The price for each bushel or bale may not be higher than the contract price, if a price has been established. All persons filing claims under this section are bound by the value determined by the department. (C) The department within thirty days from verification of loss shall request payment of one hundred percent of the approved claim. At no time may the fund be reduced to less than one hundred thousand dollars. (D) If there is an insufficient amount of money in the fund to cover all claims, payments must be made on a pro rata basis up to one hundred percent of the total loss of each producer. The pro rata determination shall be based upon the producer's total loss amount as well as the total number of exemptions granted to the producer as set forth in Section 46-41-250. The more exemptions granted to a producer, the lower the share the producer will receive. Claims against the fund must be paid in the order in which they have been verified and approved. (E) Upon approval of his claim by the department, the producer shall subrogate his interest, if any, to the department in a cause of action against any and all parties. An independent law firm may be hired and paid by the fund for the purpose of collecting losses subrogated to the department. Payments start when the fund exceeds one hundred thousand dollars. 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. 2023 Act No. 32, SECTION 1, in (D), inserted the second and third sentences.
S.C. Code Ann. § 46-26-130 — SC Code / Title 46 / Chapter 26 / Section 46-26-130
SECTION 46-26-130. Penalty when material is not branded or labeled and tagged.
Status: in_force

A distributor or common carrier who sells, offers for sale, or transports in this State any agricultural liming materials, or landplaster, or both, without being properly branded or having attached to its labels and tags as required by law, or any distributor who receives any agricultural liming material, or landplaster, or both, may be required to forfeit to the State a sum not to exceed the selling price of each separate package sold, offered for sale, or received, to be recovered by suit brought in the name of the State in any court of competent jurisdiction. These forfeitures, when collected must be paid to the State Treasurer who shall hold them subject to the order of the commission. However, the penalty defined in this section shall apply also to any misbranded agricultural liming material, or landplaster, or both. An agricultural liming material, or landplaster, or both, is considered to be misbranded if it carries a false or misleading statement upon or attached to the package.
S.C. Code Ann. § 46-7-70 — SC Code / Title 46 / Chapter 7 / Section 46-7-70
SECTION 46-7-70. Receipt and use of grants under act to further development of extension work.
Status: in_force

The board of trustees of Clemson University may receive the grants of money appropriated under the act referred to in Section 46-7-60 and organize and conduct agricultural extension work, which shall be carried on in connection with the college of agriculture of the University in accordance with the terms and conditions expressed in such act of the Congress of the United States.
S.C. Code Ann. § 46-27-340 — SC Code / Title 46 / Chapter 27 / Article 5 / Section 46-27-340
SECTION 46-27-340. How percentages are determined.
Status: in_force

The percentages of crude protein, crude fat and crude fiber required to be stated under the provisions of Section 46-27-310 shall be determined by the methods in use at the time by the Association of Official Analytical Chemists of the United States.
S.C. Code Ann. § 46-35-70 — SC Code / Title 46 / Chapter 35 / Section 46-35-70
SECTION 46-35-70. Enforcement.
Status: in_force

The Commission and the law enforcement officers of the State and all counties thereof are charged with the carrying out of the true enforcement of this chapter.
S.C. Code Ann. § 46-50-20 — SC Code / Title 46 / Chapter 50 / Section 46-50-20
SECTION 46-50-20. Execution and ratification of compact; exchange of documents with other ratifying states.
Status: in_force

(A) The Governor on behalf of this State may execute a compact, in substantially the form set out in Section 46-50-30, with any two or more of the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, Tennessee, Texas, Virginia, and West Virginia, and the legislature hereby signifies in advance its approval and ratification of the compact when the compact has been enacted into law by any three of the compact states, including South Carolina, and the consent of Congress to the interstate compact has been obtained. (B) When the Governor has executed the compact on behalf of this State, and caused a verified copy to be filed with the Secretary of State, and when the compact has been ratified by three or more of the states named in Article VIII, Section 20 of the compact, including South Carolina, the compact shall become operative and effective as between this State and the states that have ratified the compact. The Governor shall take such action as may be necessary to complete the exchange of official documents between this State and any other state ratifying the compact, and to otherwise carry out the provisions of this chapter. (C) Upon the compact becoming operative and effective between this State and other states ratifying the compact, it is hereby declared to be the policy of this State to perform and carry out the compact and to accomplish the purposes thereof.
S.C. Code Ann. § 46-55-60 — SC Code / Title 46 / Chapter 55 / Section 46-55-60
SECTION 46-55-60. Unlawful conduct relating to marijuana in proximity to industrial hemp; penalties.
Status: in_force

An individual who manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts to, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana, in a manner intended to disguise the marijuana due to its proximity to industrial hemp, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, fined not more than three thousand dollars, or both. The penalty provided for in this section may be imposed in addition to any other penalties provided by law. 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, reenacted former Section 46-55-40 as Section 46-55-60 and in the first sentence, inserted "or" before the first instance of "purchase", and deleted "on property used for industrial hemp production, or" following "purchase marijuana". 2019 Act No. 14, SECTION 1, in the first sentence, substituted "attempts to" for "attempts" and "not more than three years, fined" for "not more than three years or fined".
S.C. Code Ann. § 46-42-20 — SC Code / Title 46 / Chapter 42 / Section 46-42-20
SECTION 46-42-20. Equipment and procedures used in sampling, grading, and inspection of grains and oilseeds.
Status: in_force

All equipment used and procedures employed in the sampling, grading and inspection of grains and oilseeds shall be capable of consistently producing results in accordance with those specified by the United States Grain Standards Act or those approved by the Commissioner of Agriculture. The Commissioner of Agriculture (Commissioner) or his agent may inspect all equipment and procedures and may condemn equipment and suspend certificates when inaccuracies occur.
S.C. Code Ann. § 46-13-190 — SC Code / Title 46 / Chapter 13 / Section 46-13-190
SECTION 46-13-190. Subpoenas.
Status: in_force

The Director may issue subpoenas to compel the attendance of witnesses or production of books, documents and records anywhere in the State in any hearing affecting the authority or privilege granted by a license or permit issued under the provisions of this chapter.
S.C. Code Ann. § 46-15-20 — SC Code / Title 46 / Chapter 15 / Section 46-15-20
SECTION 46-15-20. General powers of Department of Agriculture.
Status: in_force

The powers of the Department under this chapter shall be: (1) To request established research agencies to make for it such studies and surveys as may be necessary to determine if and where wholesale farmers' markets should be established within the State; the kind and size of the markets best suited to the various sections of the State; the estimated cost of constructing such markets; and such other information as may be necessary to determine the probable economic feasibility of proposed markets; and otherwise to make and to have such studies and surveys made; (2) To acquire by purchase, lease, gift or otherwise suitable sites within the State to be used as wholesale farmers' markets and to erect thereon necessary buildings and marketing facilities; and to operate and maintain such markets for the handling, classifying, grading and sale of fruits, vegetables, poultry, eggs, dairy products, livestock and other farm products; (3) To construct and equip and to remodel, reconstruct and re-equip buildings and other facilities to form part of any market and for such purposes to expend any funds in its hands or to which it may be entitled, not otherwise appropriated or pledged and the Commission shall be empowered to construct and equip, and to remodel, reconstruct and re-equip buildings and other facilities to form a part of any market, and for such purposes may expend any funds in its hands, or to which it may be entitled, and not otherwise appropriated or pledged, and the proceeds of any revenue bonds, whose issuance is authorized by this article. To obtain funds to be used in whole or in part for the construction and equipment or for the remodeling, reconstruction and re-equipment of a Farm Market Project, the Commission shall be empowered to issue revenue bonds. The bonds shall be payable solely from the revenues derived from the projects, for which the proceeds shall be expended. Neither the faith and credit of the State nor of the Commission shall be pledged for the payment of the principal and interest of such bonds, and there shall be on the face of each bond a statement, plainly worded, to that effect. Nor shall the members of the Commission or any other person signing the bonds be personally liable thereon. In order to avail itself of the authorizations of this chapter, the Commission shall adopt a resolution providing for the issuance of the bonds, and prescribing their tenor, terms and conditions thereof. A copy of the resolution shall be submitted to the Agriculture and Natural Resources Committees of the House of Representatives and Senate for their study and consideration and such bonds may not be advertised or issued until approved by a concurrent resolution of the General Assembly. Such bonds shall be serial bonds, maturing in equal or unequal amounts, at such times and on such occasions as the Commission shall determine; provided, that the last maturing bonds of any issue shall become due not later than thirty years from their date, and the first maturing of any bonds issued pursuant to this article shall fall due within five years from the date such bonds bear. They shall bear such rate of interest, shall be in such denominations, shall carry such registration privileges, shall be payable in such medium of payment, and at such place or places, and shall be subject to such terms of redemption, with or without premium, as such resolutions may prescribe. All bonds issued pursuant to this article shall be executed in the name of the Commission by its Chairman and shall be countersigned by the State Treasurer, and the seal of the Commission shall be affixed or impressed thereon. The delivery of the bonds so executed shall be valid notwithstanding changes in officers or seal occurring after such execution. Such bonds shall be sold at public sale after notice published at least seven days prior to such sale in a newspaper having a general circulation in the State of South Carolina, and in a financial publication published in the City of New York, N. Y.; provided, that if no bid is received upon such notice which is acceptable to the Commission, such bonds may be then sold at private sale at any time within thirty days after date for receiving bids as given in such notice; provided, further, that such bonds may, in the discretion of the Commission, be sold to the federal government, or any agency thereof, or to the state government, or any agency thereof, at private sale, without any public advertisement. In all instances, the bonds shall be sold in such way as the Commission shall determine to be most advantageous. The principal of and interest on such bonds shall have the tax exempt status prescribed by Section 12-1-60. It shall be lawful for all executors, administrators, guardians and fiduciaries, and all sinking fund commissions to invest any moneys in their hands in such bonds. To the end that projects authorized by this article may be properly financed, and that payment of the interest and principal of all bonds issued pursuant to the provisions of this article shall be adequately secured, the Commission shall be empowered, in its discretion: (a) To issue bonds in such amount as shall not exceed the estimate of the cost of the project intended to be constructed from the proceeds of such bonds, plus such further sum as may be needed to pay the interest on such bonds until adequate revenues are derived from such project, which period shall not exceed three years from the date of such bonds. (b) To apply, within the limitations of item (a) above, a portion of the proceeds of the bonds to the interest to become due thereon. (c) To pledge the whole or any part of the revenues of the project, whose construction is made possible, in whole or in part, through the proceeds of the bonds, for the payment of the principal and interest of the bonds as they respectively mature. (d) To covenant that no services or facilities afforded by the particular project shall be used free of charge. (e) To covenant that fees or rents shall be charged for the use of all facilities afforded by the project, and that the schedule of fees and charges to be put into effect shall be designed to produce sufficient revenues to: (1) Pay the cost of operating and maintaining the particular project; (2) Pay the interest and principal of bonds issued to finance the project as they respectively become due; (3) Create adequate reserves to meet the payment of such principal and interest; (4) Provide for contingencies; and (5) Provide an adequate reserve for depreciation and obsolescence. (f) To covenant against the mortgaging or disposal of all or any part of any project and against permitting or suffering any lien to be created thereon. (g) To covenant against the use of any revenues derived from the project for any purposes except those enumerated in item (e) of this section. (h) To covenant that the proceeds derived from the sale of such bonds shall be applied solely to the project, whose construction is thereby financed, and within the limitations of item (a) of this section to pay interest on such bonds and that any surplus shall be used solely for the retirement of such bonds. (i) To covenant as to what, if any, additional bonds may be issued payable from revenues of such project and the conditions under which parity bonds may be issued, or in the alternative, to covenant that all additional bonds payable from the revenues of any project be junior and subordinate to the lien of the first issue of bonds payable from the revenues of such project. (j) To provide for the terms, form, registration, exchange, execution and authentication of bonds, and for the replacement of lost, destroyed or mutilated bonds. (k) To make covenants with respect to the use of the project and its facilities and any services rendered by such project. (l) To covenant with respect to the deposit and segregation of all funds derived from such project into proper accounts. (m) To covenant that all revenues from any project and the proceeds of all revenue bonds be deposited with the State Treasurer, who shall be empowered to disburse and segregate them in accordance with the terms of the resolution providing for the issuance of any bonds. (n) To lease any of the facilities of any project on such terms and for such periods of time as, in the opinion of the Commission, are best designed to produce the revenues required to operate the project and to meet the payment of the principal and interest of bonds issued for such project. (o) To provide for the optional or mandatory call of any bonds issued pursuant to this article, on such terms and conditions as the resolution authorizing such bonds shall prescribe. (p) To prescribe the procedure, if any, by which the terms of any contract with the bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given. (q) To covenant as to the maintenance of its property, the replacement thereof, the insurance to be carried thereon, and the use and disposition of insurance moneys. (r) To covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived. (s) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation. (t) To make such further covenants as may, in the opinion of the Commission, be deemed necessary in order to insure the proper sale of any bonds issued pursuant to this article. (u) To impose a statutory lien upon any project, whose construction is financed in whole or in part by the proceeds of bonds issued pursuant to this article. Such a statutory lien shall extend to such project, its appurtenances and extensions, additions, improvements and enlargements, and shall inure to the benefit of the holders of any bonds or coupons secured thereby. Should, pursuant to the provisions of this article, a statutory lien be imposed upon any project, such project shall remain subject to such statutory lien until the payment in full of the principal and interest of the bonds secured thereby. Any holder of any of the bonds or any of the coupons representing interest thereon may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce the statutory lien, and may, by suit, action, mandamus, or other proceedings, enforce and compel performance of all duties of the officials of the Commission, including the fixing of sufficient rates, the collection of revenues, the proper segregation of the revenues of the project, and the proper application thereof. Provided, however, that the statutory lien shall not be construed to give any such bond or coupon holder authority to compel the sale of such project, or any part thereof. If there be any default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the project on behalf of the Commission with power to fix and charge rates and collect revenues sufficient to provide for the payment of any bonds or other obligations outstanding against such project and for the payment of the expenses of operating and maintaining the same and to apply the income and revenues of the project in conformity with this section and the resolution providing for the issuance of such bonds. Should, at any time, the Commission consider it necessary or desirable to refinance any bonds issued pursuant to the provisions of this section, then it may avail itself of the authorizations of Chapter 17 Title 6 to enable it to refinance, or to refinance and improve, as contemplated by such chapter. Following a determination made by the Commission that bonds should be sold and a finding that the revenues or other moneys estimated to thereafter be available for the repayment thereof will provide moneys required for the payment of the principal and interest on the bonds then proposed to be issued, the Commission shall submit the following information to the State Fiscal Accountability Authority: (1) The principal amount of the bonds proposed to be issued. (2) The purpose or purposes for which the proceeds of such bonds are to be expended. (3) The maturity schedule of the bonds proposed to be issued. (4) A schedule showing the annual debt service requirements on all outstanding bonds of the Commission. (5) A schedule showing the amount and source of revenues available for the payment of the debt service requirements established by the schedule required in item (4). (6) The method to be employed in selling the proposed bonds. (7) Any other information which the State Fiscal Accountability Authority shall require. If the State Fiscal Accountability Authority shall determine that the funds estimated to thereafter be available for the repayment of the Commission's bonds, including the proposed bonds, will be sufficient to provide for the payment of the principal and interest on the Commission's bonds thereafter to be outstanding as they become due, the State Fiscal Accountability Authority is authorized to give its approval to the issuance, in whole or in part, of the proposed bonds, subject to such conditions, if any, as it may impose. (4) To employ market managers and such technical, clerical and other help as shall be necessary to carry out the purposes and intent of this chapter and Article 1 of Chapter 19 and fix their compensation and necessary expenses; (5) To rent space in and on the markets on such terms and for such periods of time and to make such reasonable charges for the use of the markets and their facilities and services as shall be sufficient to defray the expenses of the operation and maintenance thereof, as well as the whole or a portion of the cost of acquiring and constructing them; (6) To request established educational agencies to instruct the farmers of the State, through and in connection with the markets established under this chapter and Article 1 of Chapter 19, in the standardization, grading, packing, processing, loading, refrigerating, diversion and distribution of farm products and otherwise to give and to have such instruction given; (7) To request established research agencies to carry on research work through and in connection with the markets established under this chapter and Article 1 of Chapter 19 and otherwise to carry on and to have such research work carried on; (8) To receive and use federal grants for all or any of the purposes of this chapter and Article 1 of Chapter 19 and to receive and use any other grants or contributions for such purposes; (9) To place processing equipment and to establish marketing facilities on markets within the State, whether established under the provisions of this chapter and Article 1 of Chapter 19 or not, on such terms and conditions as the Department shall deem proper; (10) To make such loans to local marketing authorities established under the provisions of this chapter and Article 1 of Chapter 19 as the Department shall deem to be economically sound; to make grants to such local marketing authorities and to place processing equipment and to locate marketing facilities on such markets on such terms and conditions as the Department shall deem proper; (11) To coordinate all wholesale farmers' markets within the State insofar as it is possible to do so, whether established under the provisions of this chapter and Article 1 of Chapter 19 or not, into a market system; and (12) To make and promulgate such rules and regulations as, in the opinion of the Department, shall be necessary to carry out the purposes of this chapter and Article 1 of Chapter 19.
S.C. Code Ann. § 46-21-35 — SC Code / Title 46 / Chapter 21 / Article 1 / Section 46-21-35
SECTION 46-21-35. Seed laboratory.
Status: in_force

The Department of Agriculture shall maintain a seed laboratory with necessary equipment for carrying out the provisions of this chapter.
S.C. Code Ann. § 46-7-40 — SC Code / Title 46 / Chapter 7 / Section 46-7-40
SECTION 46-7-40. Receipt and use of grants under Hatch Act.
Status: in_force

The board of trustees of Clemson University may receive grants and use them for the benefit of the State in accordance with the terms and conditions expressed in the Hatch Act of 1955 dated August 11, 1955 and in accordance with such rules and regulations as may be prescribed by the Secretary of Agriculture under the authority delegated to him by Congress.
S.C. Code Ann. § 46-23-20 — SC Code / Title 46 / Chapter 23 / Section 46-23-20
SECTION 46-23-20. Definitions.
Status: in_force

As used in this chapter: (a) "Commission" means the State Crop Pest Commission of South Carolina or any other person to whom authority may be delegated to act in its stead. (b) "Authorized inspector" means an employee of the Division of Regulatory and Public Service Programs, Clemson University or an employee of a cooperating agency specifically authorized to enforce the provisions of the federal Noxious Weed Act. (c) "Noxious weed" means any living stage of any plant including seed or reproductive parts thereof or parasitic plants or parts thereof which is determined by the State Crop Pest Commission to be directly or indirectly injurious to public health, crops, livestock, or agriculture including, but not limited to, waterways and irrigation canals. (d) "Move" means to ship, offer for shipment, offer for entry, import, receive for transportation or transport by a common carrier or carry, transport, move or allow to be moved by any means. (e) "Director" means the Director of the Division of Regulatory and Public Service Programs, Clemson University.
S.C. Code Ann. § 46-3-145 — SC Code / Title 46 / Chapter 3 / Section 46-3-145
SECTION 46-3-145. "Beneficiary class" defined; department involvement with loan programs.
Status: in_force

(A) As used in this section: (1) "Beneficiary class" means: (a) farmers and farm families of low and moderate income; (b) residents of the State who produce evidence satisfactory to the authority that they intend to become residents and begin farming within the State; (c) farmers who shall use the agricultural land, agricultural improvements, or depreciable agricultural property proposed to be purchased for farming within the State; (d) farmers who shall apply the proceeds of each mortgage loan to the acquisition by the farmer of agricultural land or agricultural improvements thereon, or depreciable agricultural property totaling no more than six hundred twenty-five thousand dollars in fair market value; (e) farmers who demonstrate to the authority's satisfaction that they can repay the loan from farming operations within the State; (f) farmers who are creditworthy according to standards prescribed by the authority; (g) farmers who, inclusive of amounts estimated to be received as a result of the acquisition of the agricultural land, agricultural improvements, or depreciable agricultural property to be financed with each mortgage loan or secured loan, receive at least sixty percent of the combined gross incomes of the farmer, his spouse, and dependents from farming operations within the State; (h) farmers who have not received previously a mortgage loan or secured loan from an entity authorized to make loans under the provisions of this section. This restriction does not apply if the amount of the loan previously received for the property plus the amount of the loan sought does not exceed six hundred twenty-five thousand dollars for agricultural land or agricultural improvements or depreciable agricultural property; (i) farmers who satisfy other criteria the department prescribes by regulation. (B) The Department of Agriculture may participate in and cooperate with the programs of the Farmers Home Administration, the Federal Land Banks or its successors, and any other agency or instrumentality of the United States and sponsor or participate in programs with other entities, including nonprofit corporations which may make loans to farmers of the beneficiary class, and participate in and cooperate with a program of another agency of the State or a political subdivision in the administration of any of the programs authorized to make loans to farmers of the beneficiary class.
S.C. Code Ann. § 46-40-60 — SC Code / Title 46 / Chapter 40 / Section 46-40-60
SECTION 46-40-60. Schedule for remitting assessments; reports; determination of amount due upon failure to remit; hearings; penalties.
Status: in_force

(A) The grain dealer shall remit assessments and file with the department a report of such assessments on grain received by him by the fifteenth day of each calendar month following any calendar month in which the grain dealer has received quantities of grain subject to assessments totaling fifty dollars or more. If such grain dealers have received quantities of grain subject to assessments totaling less than fifty dollars in any calendar month, the assessments may be reported and remitted with the following month's return. All assessments must be remitted at least once every three months. (B) In case any person subject to this section fails to make a report and remittance when required, the department shall determine the amount of the assessment according to its best judgment and information and such amount shall be prima facie correct, and the person who failed to make the report, within ten days after notice of the amount of the assessment is mailed to him, shall pay the assessment, together with a penalty of ten percent, or dispute such assessment and request a hearing to determine its amount and the penalty to be imposed. No payment shall be made until the department enters its order determining the amount of the payment but the payment must be made within ten days' notice of the order. On failure to remit payment within ten days of the receipt of the order, the department may suspend the dealer's license pursuant to Section 46-41-130.
S.C. Code Ann. § 46-17-210 — SC Code / Title 46 / Chapter 17 / Section 46-17-210
SECTION 46-17-210. Terms of office, election, or appointment of board members.
Status: in_force

(a) The term of office of board members shall be three years, and one third, as nearly as may be possible, shall be elected or appointed every year; provided, that at the inception of any agreement or order the entire board shall be elected or appointed, one third for a term of one year, one third for a term of two years, and one third for a term of three years. (b) Any marketing agreement or order may provide either for election of board members as specified by such agreement or order or for appointment of board members by the Commission. (c) Any marketing agreement or order may provide for election or appointment of board members by districts.
S.C. Code Ann. § 46-33-70 — SC Code / Title 46 / Chapter 33 / Section 46-33-70
SECTION 46-33-70. Sale of diseased plants is a misdemeanor.
Status: in_force

It shall be unlawful to sell, offer for sale or transport plants, buds, trees, shrubs, vines, tubers, bulbs, roots or cuttings known to be infested with dangerous or injurious insects or plant diseases; and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding one hundred dollars or imprisoned in the county jail for not exceeding thirty days.
S.C. Code Ann. § 46-3-260 — SC Code / Title 46 / Chapter 3 / Section 46-3-260
SECTION 46-3-260. South Carolina Renewable Energy Infrastructure Development Fund established; low interest loans and grants.
Status: in_force

(A) There is established in the state treasury a separate and distinct fund known as the "South Carolina Renewable Energy Infrastructure Development Fund". The revenues of the fund must be distributed by the South Carolina Renewable Energy Revolving Loan Program and the South Carolina Renewable Energy Grant Program. Disbursement of these funds by the loan and grant programs must be approved by the South Carolina Renewable Energy Oversight Committee. The committee shall consist of seven members, one appointed by each of the following persons: the Governor, the Commissioner of Agriculture, the Secretary of Commerce, the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee. (1) The South Carolina Renewable Energy Revolving Loan Program shall provide low interest loans, with a rate not to exceed the Wall Street Journal prime interest rate, to an individual or organization that plans to build a qualified renewable energy production facility. A renewable energy production facility is a facility that produces energy or transportation fuels from biomass, solar, or wind resources. A loan from the program may provide up to fifty percent of the total cost of a project, but must not exceed two hundred fifty thousand dollars for each project. The Department of Agriculture shall administer the South Carolina Renewable Energy Revolving Loan Program, in cooperation with the South Carolina Institute of Energy Studies. (2) The South Carolina Renewable Energy Grant Program shall provide grants to a private and public entity located in South Carolina for the purpose of assisting the entity to be more competitive in obtaining federal and other available grants that may generate renewable energy-related research and projects to directly benefit the State. The Department of Agriculture shall administer the South Carolina Renewable Energy Grant Program, in cooperation with the South Carolina Institute of Energy Studies and the South Carolina Research Authority. Grants are available in the following three categories: (a) planning grants up to ten thousand dollars are available to a research institution or private organization to develop proposals to obtain federal grants and other funding sources for biomass, solar, and wind energy projects in South Carolina; (b) matching grants up to two hundred thousand dollars are available for research and development projects that relate to development of South Carolina biomass, solar, and wind energy resources, provided that the grant does not exceed fifty percent of the total cost of the project; and (c) matching grants up to two hundred thousand dollars are available for demonstration projects that validate the effectiveness of new and future biomass, solar, geothermal, wind energy, and small hydropower technologies and products, provided that the grant does not exceed fifty percent of the total cost of the demonstration project. (B) The Department of Agriculture may prescribe forms, procedures, issue policy documents, and distribute funds as necessary to ensure the orderly and timely implementation of the provisions herein. The Department of Agriculture shall coordinate with the State Energy Office as necessary. (C) Unexpended funds received by the Department of Revenue from Proviso 73.17 of the Fiscal Year 2006-2007 Appropriations Act and carried forward must be disbursed to these entities to meet the requirements of this provision: the Department of Revenue for the purpose of alternative fuel purchases incentive payments and the South Carolina Renewable Energy Infrastructure Development Fund established in this section. Effect of Amendment 2019 Act No. 1, SECTION 57, in (A), in the fourth sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate", and made a nonsubstantive change.
S.C. Code Ann. § 46-40-30 — SC Code / Title 46 / Chapter 40 / Section 46-40-30
SECTION 46-40-30. Assessments.
Status: in_force

An assessment of two cents a bushel must be imposed on all grain handled by grain dealers other than grain for which a prior grain dealer has already paid the assessment. The assessment must be reported and remitted to the department by the grain dealer as of the month in which the grain was delivered to the grain dealer, except as provided by Section 46-40-60.
S.C. Code Ann. § 46-40-100 — SC Code / Title 46 / Chapter 40 / Section 46-40-100
SECTION 46-40-100. Administrative costs.
Status: in_force

The department may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund to cover the costs associated with administering the program.
S.C. Code Ann. § 46-21-325 — SC Code / Title 46 / Chapter 21 / Article 5 / Section 46-21-325
SECTION 46-21-325. Records; inspections.
Status: in_force

A person whose name appears on the label as handling agricultural, vegetable, or flower seed subject to this chapter shall keep for a period of two years complete records of each lot of agricultural, vegetable, or flower seed handled and keep for one year a file sample of each lot of seed after final disposition of the lot. All records and samples pertaining to the shipment or shipments involved must be accessible for inspection by the Commissioner or his agent during customary business hours.
S.C. Code Ann. § 46-21-435 — SC Code / Title 46 / Chapter 21 / Article 7 / Section 46-21-435
SECTION 46-21-435. Procedure for seizure of noncomplying seeds.
Status: in_force

A lot of seed not in compliance with the provisions of this chapter are subject to seizure on complaint of the Commissioner to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, it must be denatured, processed, destroyed, relabeled, or disposed of in compliance with the laws of this State, provided, that in no instance shall the court order the disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to condition or relabel it in compliance with this chapter.
S.C. Code Ann. § 46-27-210 — SC Code / Title 46 / Chapter 27 / Article 3 / Section 46-27-210
SECTION 46-27-210. Statement and sample to be filed.
Status: in_force

Each manufacturer, importer, jobber, agent or seller before selling or offering or exposing for sale in this State any commercial feed shall, for each and every feed bearing a distinct name or trademark, file for registration with the Commissioner a copy of the statement required in Section 46-27-310 and accompany the statement, on request, by a sealed container of at least one pound of the commercial feed. The sample shall correspond within reasonable limits to the feed which it represents in the percentages of crude protein, crude fat and crude fiber which it contains.
S.C. Code Ann. § 46-19-10 — SC Code / Title 46 / Chapter 19 / Article 1 / Section 46-19-10
SECTION 46-19-10. Petition to form local marketing authorities.
Status: in_force

With the approval and subject to the rules and regulations of the Department, local marketing authorities, hereby declared to be cooperative and non-profit-making, may be formed in the various communities of the State to engage in the marketing of agricultural products and all activities in connection therewith. When twenty or more persons in any community wish to form a local marketing authority they shall file a petition with the department, including, among other things, the following: (1) The names, addresses and businesses of the petitioners; (2) The name of the proposed local marketing authority, which shall in all cases include the words "Marketing Authority"; (3) The names and addresses of the officers of the proposed authority; (4) A statement of the activities, which shall all be related to the growing and marketing of farm products and livestock, in which the local marketing authority proposes to engage; (5) The area to be served by the proposed local marketing authority; (6) A statement of existing and prospective marketing and other facilities to be operated by the proposed local marketing authority; (7) The total amount of stock or certificates of ownership proposed to be issued and the face value of each share or the amount of the membership fee; and (8) Such other information as the Department may require.
S.C. Code Ann. § 46-25-510 — SC Code / Title 46 / Chapter 25 / Article 7 / Section 46-25-510
SECTION 46-25-510. Sale or distribution of certain superphosphate prohibited.
Status: in_force

Superphosphate containing less than eighteen percent available phosphoric acid may not be offered for sale, sold, or distributed in this State.
S.C. Code Ann. § 46-50-30 — SC Code / Title 46 / Chapter 50 / Section 46-50-30
SECTION 46-50-30. Text of compact.
Status: in_force

The Southern Interstate Dairy Compact is as follows: ARTICLE I. STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY SECTION 1. STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY. The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in the South, and to assure consumers of an adequate, local supply of pure and wholesome milk. The participating states find and declare that the dairy industry is an essential agricultural activity of the South. Dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region. The participating states further find that dairy farms are essential and they are an integral part of the region's rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities. By entering into this compact, the participating states affirm that their ability to regulate the price which southern dairy farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits. Recent dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region. Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established. In today's regional dairy marketplace, cooperative, rather than individual state action, is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution. In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle. Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the interstate commission is authorized to regulate the marketplace in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system. ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION SECTION 2. DEFINITIONS. For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context: (1) "Class I milk" means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subdivision (b) of section three. (2) "Commission" means the Southern Dairy Compact Commission established by this compact. (3) "Commission marketing order" means regulations adopted by the commission pursuant to sections nine and ten of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk. (4) "Compact" means this interstate compact. (5) "Compact over-order price" means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to sections nine and ten of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. (6) "Milk" means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes. (7) "Partially regulated plant" means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein. (8) "Participating state" means a state which has become a party to this compact by the enactment of concurring legislation. (9) "Pool plant" means any milk plant located in a regulated area. (10) "Region" means the territorial limits of the states which are parties to this compact. (11) "Regulated area" means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order. (12) "State dairy regulation" means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order, or otherwise. SECTION 3. RULES OF CONSTRUCTION. (a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact. (b) This compact shall be construed liberally in order to achieve the purposes and intent enunciated in section one. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes. ARTICLE III. COMMISSION ESTABLISHED SECTION 4. COMMISSION ESTABLISHED. There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three nor more than five persons. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four years and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission. SECTION 5. VOTING REQUIREMENTS. All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the commission's bylaws shall be by majority vote of the delegations present. Each state delegation shall be entitled to one vote in the conduct of the commission's affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission's business. SECTION 6. ADMINISTRATION AND MANAGEMENT. (a) The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and, together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its by-laws an executive committee composed of one member elected by each delegation. (b) The commission shall adopt by-laws for the conduct of its business by a two-thirds vote, and shall have the power by the same vote to amend and rescind these by-laws. The commission shall publish its by-laws in convenient form with the appropriate agency or officer in each of the participating states. The by-laws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states. (c) The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture. (d) In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power: (1) to sue and be sued in any state or federal court; (2) to have a seal and alter the same at pleasure; (3) to acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes; (4) to borrow money and to issue notes, to provide for the rights of the holders thereof and to pledge the revenue of the commission as security therefore, subject to the provisions of section eighteen of this compact; (5) to appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and (6) to create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis. SECTION 7. RULEMAKING POWER. In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact. ARTICLE IV. POWERS OF THE COMMISSION SECTION 8. POWERS TO PROMOTE REGULATORY UNIFORMITY, SIMPLICITY, AND INTERSTATE COOPERATION. The commission is hereby empowered to: (1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region. (2) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs. (3) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposia or conferences designed to improve industry relations or a better understanding of problems. (4) Prepare and release periodic reports on activities and results of the commission's efforts to the participating states. (5) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk. (6) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling, and for all other services performed with respect to milk. (7) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms. SECTION 9. EQUITABLE FARM PRICES. (a) The powers granted in this section and section ten shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the commission to establish one or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order. (b) A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed one dollar and fifty cents per gallon at Atlanta, Georgia; however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in nineteen hundred ninety, and using that year as a base, the foregoing one dollar fifty cents per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation, and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations. (c) A commission marketing order shall apply to all classes and uses of milk. (d) The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially regulated plants. The commission is also empowered to establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders. (e) In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to, the price of feed, the cost of labor, including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public, and the price necessary to yield a reasonable return to the producer and distributor. (f) When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes. (g) The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services. SECTION 10. OPTIONAL PROVISIONS FOR PRICING ORDER. Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to, any of the following: (1) provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program; (2) with respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers; (3) with respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk; (4) provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials, and for competitive credits with respect to regulated handlers who market outside the regulated area; (5) provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them; (A) With respect to regulations establishing a compact over-order price, the commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area. (B) With respect to any commission marketing order, as defined in section two, subdivision nine, which replaces one or more terminated federal orders or state dairy regulation, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area. (6) provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order. (7) provisions specially governing the pricing and pooling of milk handled by partially regulated plants; (8) provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area; (9) provision requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, Section 18(a); (10) provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966; (11) other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers. ARTICLE V. RULEMAKING PROCEDURE SECTION 11. RULEMAKING PROCEDURE. Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection 9(f), or amendment thereof, as provided in Article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by Section four of the Federal Administrative Procedure Act, as amended (5 U.S.C. Section 553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials. SECTION 12. FINDINGS AND REFERENDUM. (a) In addition to the concise general statement of basis and purpose required by Section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. Section 553 (c)), the commission shall make findings of fact with respect to: (1) whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV; (2) what level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes; (3) whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order; (4) whether the terms of the proposed regional order or amendment are approved by producers as provided in section thirteen. SECTION 13. PRODUCER REFERENDUM. (a) For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection 9(f), is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto. (b) An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk, the price of which would be regulated under the proposed order or amendment. (c) For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) hereof and subject to the provisions of subdivisions (2) through (5) hereof. (1) No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either. (2) Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established and in the form prescribed by the commission. (3) Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order. (4) A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer's name from the list certified by such cooperative with its corporate vote. (5) In order to ensure that all milk producers are informed regarding a proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register his approval or disapproval with the commission either directly or through his or her cooperative. SECTION 14. TERMINATION OF OVER-ORDER PRICE OR MARKETING ORDER. (a) The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact. (b) The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk, the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order. (c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing but shall comply with the requirements for informal rulemaking prescribed by Section four of the Federal Administrative Procedure Act, as amended (5 U.S.C. Section 553). ARTICLE VI. ENFORCEMENT SECTION 15. RECORDS, REPORTS, ACCESS TO PREMISES. (a) The commission may by rule and regulation prescribe recordkeeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons. (b) Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person. (c) No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than one thousand dollars or to imprisonment for not more than one year, or both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or the United States Attorney. SECTION 16. SUBPOENA, HEARINGS, AND JUDICIAL REVIEW. (a) The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence. (b) Any handler subject to an order may file a written petition with the commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. (c) The district courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to section seventeen. Any proceedings brought pursuant to section seventeen, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section. SECTION 17. ENFORCEMENT WITH RESPECT TO HANDLERS. (a) Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall: (1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation. (2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states. (b) With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by: (1) Commencing an action for legal or equitable relief brought in the name of the commission in any state or federal court of competent jurisdiction; or (2) Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state. (c) With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist. ARTICLE VII. FINANCE SECTION 18. FINANCE OF START-UP AND REGULAR COSTS. (a) To provide for its start-up costs, the commission may borrow money pursuant to its general power under section six, subdivision (d), paragraph four. In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the commission convenes, in an amount not to exceed $.015 per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission's ongoing operating expenses. (b) The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility and no participating state or the United States shall be liable therefor. SECTION 19. AUDIT AND ACCOUNTS. (a) The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission. (b) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission. (c) Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States. ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL. SECTION 20. ENTRY INTO FORCE; ADDITIONAL MEMBERS. The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia and when the consent of Congress has been obtained. SECTION 21. WITHDRAWAL FROM COMPACT. Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal. SECTION 22. SEVERABILITY. If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three or more compacting states. A compacting state may accept the conditions of Congress by implementation of this compact.
S.C. Code Ann. § 46-39-20 — SC Code / Title 46 / Chapter 39 / Section 46-39-20
SECTION 46-39-20. Cooperative association of farmers may be formed.
Status: in_force

Five or more persons, residents of this State or owning a farm in this State, may associate themselves as a cooperative association for the purpose of providing within this State housing and related facilities for domestic farm labor.
S.C. Code Ann. § 46-17-350 — SC Code / Title 46 / Chapter 17 / Section 46-17-350
SECTION 46-17-350. Refunds.
Status: in_force

Any moneys collected by the Commission and the commodity board pursuant to any marketing agreement or order during any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the commodity board shall recommend and which the Commission shall determine to be reasonable to all persons from whom such moneys were collected or such moneys may be carried over and used in the next succeeding season, year, or period whenever the Commission and the commodity board find that it is advisable. Upon the termination of any marketing agreement or order all moneys remaining, and not required to defray the expenses or repay the obligations incurred by such agreement or order, shall be returned by the Commission on a pro rata basis to all persons from whom such moneys were collected. However, if the Commission finds, and upon approval in writing of a majority of the members of the commodity board, that the amounts so returnable are so small as to make impractical the computation of such pro rata refund the Commission may use such moneys to defray expenses incurred by it in the administration or enforcement of any subsequent marketing agreement or order for such commodity. Thereafter, if there are any such moneys remaining which have not been used by the Commission as hereinabove provided, it shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. No refunds may be paid for the cotton commodity.
S.C. Code Ann. § 46-19-30 — SC Code / Title 46 / Chapter 19 / Article 1 / Section 46-19-30
SECTION 46-19-30. Organization; bylaws; officers.
Status: in_force

After receiving a certificate of incorporation, a local marketing authority shall proceed to perfect a permanent organization by the adoption of bylaws, the election of permanent officers and the transaction of all business necessary for such permanent organization. The officers of a local marketing authority, with their duties, shall be as may be determined in the bylaws of the authority.
S.C. Code Ann. § 46-41-100 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-100
SECTION 46-41-100. Investigations by Commissioner; examination of documents.
Status: in_force

The Commissioner shall have power to investigate upon complaint of any interested person or upon his own initiative the record of any applicant, licensee or unlicensed person, partnership or corporation alleged or suspected to be a dealer in agricultural products, or any transaction involving the solicitation, receipt, sale or attempted sale of agricultural products, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions with intent to deceive, or the failure to make payment for goods received, or other alleged injurious transactions. For such purposes the Commissioner or his agents may examine, at the place or places of business of the applicant or licensee, his ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, and may take testimony under oath.
S.C. Code Ann. § 46-17-200 — SC Code / Title 46 / Chapter 17 / Section 46-17-200
SECTION 46-17-200. Qualifications of board members.
Status: in_force

The producers of a commodity board must be practical producers of the affected commodity and must be citizens and residents of this State, each of whom is and actually has been engaged in producing the affected commodity within the State for a period of one year and during that period has derived a substantial portion of his income from it. The qualification of members of the board as provided in this section shall continue during their terms of office.
S.C. Code Ann. § 46-10-20 — SC Code / Title 46 / Chapter 10 / Section 46-10-20
SECTION 46-10-20. Definitions.
Status: in_force

The following terms as used in this chapter shall mean: (1) Commission: The State Crop Pest Commission, as designated by the Board of Trustees of Clemson University, or any officer or employee of the commission to whom authority to act in its stead has been or hereafter may be delegated. (2) Pest: Anthonomus grandis Boheman, boll weevil in any stage of development. (3) Host: Any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle. (4) Infested: Actually infested or infected with a pest or so exposed to infestation that it would be reasonable to believe that an infestation exists. (5) Person: Any individual, corporation, company, society, association or other business entity. (6) Move: To ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved. (7) Regulated article: Any article of any character as described in the quarantine carrying or capable of carrying the plant pest against which the quarantine is directed. (8) Certificate: A document issued or authorized by the commission indicating that a regulated article is not contaminated with a pest. (9) Permit: A document issued or authorized by the commission to provide for the movement of regulated articles to restricted destinations for limited handling, utilization or processing. (10) Commercial Cotton Producer: Any person who grew cotton and received direct income from the sale of the crop during the year preceding the referendum provided for in Section 46-10-120 as certified by the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture. (11) Director: The Director, Division of Regulatory and Public Service Programs, College of Agricultural Sciences, Clemson University. (12) Division: The Division of Regulatory and Public Service Programs, College of Agricultural Sciences, Clemson University.
S.C. Code Ann. § 46-26-170 — SC Code / Title 46 / Chapter 26 / Section 46-26-170
SECTION 46-26-170. Existing inventories; exemption.
Status: in_force

Notwithstanding the provisions of this chapter, registrants shall be allowed not more than one year from such date to use existing inventories of labeled materials.
S.C. Code Ann. § 46-26-140 — SC Code / Title 46 / Chapter 26 / Section 46-26-140
SECTION 46-26-140. Revocation of registration.
Status: in_force

Where it shall appear to the commission that any registrant has been persistently fraudulent in his dealings, the commission may revoke registration or refuse to register such registrant.
S.C. Code Ann. § 46-10-120 — SC Code / Title 46 / Chapter 10 / Section 46-10-120
SECTION 46-10-120. Cotton producer referendum.
Status: in_force

The Boll Weevil Eradication Program, as provided for under this chapter, must be implemented for a specified time determined by the commission if it determines that the federal government and the commercial cotton producers of this State, as determined by referendum conducted by the commission, shall cooperate and provide for the cost of carrying out the provisions of this chapter for the specified time. The cotton producer referendum must receive the favorable vote of two-thirds of the producers casting votes. All commercial cotton producers in South Carolina shall receive ballots and are eligible to vote. Upon termination of the time specified in the last referendum, the commission shall establish an assessment, not to exceed ten dollars an acre, to cover suppression and containment costs on all cotton acreage within the eradication area as long as a containment program is necessary. This assessment and program duration is subject to change when petitioned by ten percent of the commercial cotton producers of this State.
S.C. Code Ann. § 46-33-60 — SC Code / Title 46 / Chapter 33 / Section 46-33-60
SECTION 46-33-60. Penalty on out-of-state shippers.
Status: in_force

Any person to whom the provisions of Section 46-33-10 apply failing or refusing to file the bond or pay the license tax as aforesaid shall be guilty of a misdemeanor and be subject to a fine of not more than five hundred dollars or imprisonment for not more than two years, or both such fine and imprisonment within the discretion of the court.
S.C. Code Ann. § 46-13-40 — SC Code / Title 46 / Chapter 13 / Section 46-13-40
SECTION 46-13-40. Registration of pesticides and devices.
Status: in_force

(A) Every pesticide or device which is distributed within this State or delivered for transportation or transported in intrastate commerce or between points within this State through a point outside this State must be registered subject to this chapter. Sections 46-13-170 and 46-13-200 provide enforcement procedures. The registration must be renewed annually before September first. (1) Products which have the same formula and are manufactured by the same person, the labeling of which contains the same claims and the labels of which bear a designation identifying the product as the same pesticide, may be registered as a single pesticide. Additional names and labels must be added by supplemental statements during the current period of registration. The foregoing applies if the manufacturer is also the distributor. Products manufactured by one person for distribution by another and labeled as the distributor's products must be treated as separate products from those marketed as the manufacturer's products. (2) A change in the labeling or formulas of a pesticide may be made within the current period of registration without requiring a registration of the product. Notwithstanding other provisions of this section, registration is not required for a pesticide shipped from one plant within this State to another plant within this State operated by the same person. (3) Registration is not required if the pesticide is distributed under the provisions of an experimental use permit issued under Section 46-13-30(E) or an experimental use permit issued by the Environmental Protection Agency. (B) The applicant for registration shall file a statement with the director which must include: (1) the name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's; (2) the name of the pesticide; (3) a complete copy or facsimile of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use; (4) the use classification as provided in the Federal Insecticide, Fungicide, and Rodenticide Act when required by regulations under that act. (C) The director, when he considers it necessary, may require the submission of the complete formula of a pesticide including the active and inert ingredients. (D) The director may require a full description of the tests made and the results upon which the claims are based on a pesticide not registered federally or on a pesticide on which restrictions are being considered. For a renewal of registration, a statement is required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered. (E) The director may prescribe other necessary information by regulation. (F) The applicant desiring to register a pesticide shall pay an annual registration fee in accordance with the provisions of Section 46-13-45. Registrations expire on August thirty-first each year. (G) Registration approved by the director and in effect on the thirty-first day of August for which a renewal application has been made and the proper fee paid continues in effect until the director notifies the applicant that the registration has been renewed or otherwise denied in accord with this section. Forms for reregistration must be mailed to registrants at least thirty days before the due date. (H) If the renewal of a pesticide registration is not filed before September first of any one year, an additional fee of twenty-five dollars for each label must be assessed and added to the original fee and paid by the applicant before the registration renewal for that pesticide may be issued. The payment of the additional fee is not a bar to prosecution for doing business without proper registry. (I) If it appears to the director that the composition of the pesticide is such as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this chapter and if approved and registered by the Environmental Protection Agency under Public Law 92-516, the product must be registered. (J) The director shall publish an annual report of the results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides. Individual distribution information is not a public record. (K)(1) In submitting data required by this chapter, the applicant may: (a) clearly mark portions which in his opinion are trade secrets or commercial or financial information; (b) submit the marked material separately from other material required to be submitted under this chapter. (2) Notwithstanding other provisions of this chapter, the director may not make public information which in his judgment contains or relates to trade secrets or commercial or financial information obtained from a person and privileged or confidential, except when necessary to carry out this chapter, information relating to formulas of products acquired by authorization of this chapter may be revealed to a state or federal agency consulted. (3) If the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under item (2), he shall notify the applicant or registrant, in writing, by certified mail. The director may not make the data available for inspection until thirty days after receipt of the notice by the applicant or registrant. During this period the applicant or registrant may institute an action in appropriate court for a declaratory judgment as to whether the information is subject to protection under item (2).
S.C. Code Ann. § 46-17-360 — SC Code / Title 46 / Chapter 17 / Section 46-17-360
SECTION 46-17-360. Assessments constitute personal debts; enforcement.
Status: in_force

Any due assessment levied in a specified amount under this chapter shall constitute a personal debt of every person so assessed or who owes such amount and it shall be due to the Commission when payment is called for by it. If any person fails to pay the Commission the full amount of such assessment when due, the Commission is authorized to add to such unpaid assessment an amount not exceeding ten percent to defray the cost of enforcing collection. Upon the failure of such person to pay any such assessment, the Commission may bring a civil action against such person in a court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable; provided, that any producer may, if dissatisfied with any assessment that has been levied and collected, be refunded the full amount of such assessment provided that demand for a refund is made in writing and in the hands of the Commission and the chairman of the commodity board within thirty days from the date upon which such assessment was due, and that such assessment was properly paid and receipt issued prior to this date; provided, further, that the payment of the assessment is not the result of legal action brought against such producer; provided, further, that no such assessment shall be refunded to any out-of-state producer.
S.C. Code Ann. § 46-41-70 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-70
SECTION 46-41-70. Proceedings upon complaint for breach of condition of bond.
Status: in_force

Any person claiming himself to be damaged by any breach of the conditions of a bond given by a licensed dealer in agricultural products or by any alleged injurious practice or transaction by a dealer in agricultural products may enter a complaint to the Commissioner, which complaint shall be a written statement of the facts constituting such complaint. Such complaint shall be filed within six months from the date of the last transaction between the complaining producer and the dealer complaint against. Upon filing such complaint, the Commissioner shall investigate the charges made; whereupon, if in the opinion of the Commissioner the facts contained in the complaint warrant such action, a copy of the complaint shall be forwarded by the Commissioner to such dealer who shall be called upon to answer the complaint in writing within a reasonable time to be prescribed by the Commissioner. At his discretion the Commissioner may order a hearing before him giving the complainant and the respondent notice of the time and place of such hearing. At the conclusion of such hearing the Commissioner shall report his findings and make his order upon the matters complained of to the complainant and the respondent in each case, who shall then have fifteen days in which to make effective and satisfy the Commissioner's order. If such settlement is not effected within such time, the Commissioner or the producer may maintain a civil action against the principal and surety on the bond of the party against whom the order was directed, setting forth briefly in the complaint in such civil action the causes for which damages are complained. In any such suit, if the party who was successful before the Commissioner finally prevails, he shall be allowed court costs and a reasonable attorney's fee to be taxed and collected as a part of the cost of the suit. If the order of the Commissioner is against the producer and if the producer is not satisfied with such ruling, he may commence and maintain an action against the principal and surety on the bond of the parties complained of and the party prevailing shall be entitled to court costs and attorney's fee to be taxed and collected as a part of the suit. If the bond thus posted is insufficient to pay in full the valid claims of producers, the Commissioner shall direct that the proceeds of such bond be divided pro rata among such producers.
S.C. Code Ann. § 46-19-220 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-220
SECTION 46-19-220. Standards for participation.
Status: in_force

The Commissioner is hereby authorized to prescribe standards for participation in the program. Such standards shall relate to design, external and internal appearance, location, sanitation and cleanliness, product quality, fair and honest marketing practices and any other factors designed to promote traffic safety, fair marketing, roadside appearance, and promotion of South Carolina agricultural products.
S.C. Code Ann. § 46-40-70 — SC Code / Title 46 / Chapter 40 / Section 46-40-70
SECTION 46-40-70. Participation in fund.
Status: in_force

All grain dealers shall participate in the fund.
S.C. Code Ann. § 46-7-110 — SC Code / Title 46 / Chapter 7 / Section 46-7-110
SECTION 46-7-110. Animal waste management training and certification programs.
Status: in_force

(A) Clemson University, in conjunction with the Department of Health and Environmental Control, shall create a training and certification program for owners or operators of an animal facility as defined in Regulation 61-43 which must include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal facility and land application of animal waste; controlling vectors, testing for toxic metals, organic materials, and other elements; and implementing emergency procedures and spill prevention protocols. (B) An operator of an animal facility and waste utilization area must be trained and certified according to South Carolina Department of Health and Environmental Control Regulations on the operation of animal waste management under the program created in subsection (A). (C) Notwithstanding the provisions of subsection (B) or any other provision of law, cattle stockyard owners and operators are exempt from the training and certification requirements of this section.
S.C. Code Ann. § 46-11-60 — SC Code / Title 46 / Chapter 11 / Article XI / Section 46-11-60
SECTION 46-11-60. Crediting amount of payments to State under compact.
Status: in_force

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state treasury the amount or amounts of any payments made to this State to defray the cost of such program, or any part thereof, or as reimbursement thereof.
S.C. Code Ann. § 46-42-10 — SC Code / Title 46 / Chapter 42 / Section 46-42-10
SECTION 46-42-10. Responsibility, training, and certification of persons engaged in sampling, grading, and inspection of grains and oilseeds.
Status: in_force

All dealers and handlers engaged in the grading of grain and oilseeds shall be responsible for the proper grade determination as set forth by the official United States Standards for grain or those approved by the Commissioner of Agriculture. All persons engaged in grading of grains and oilseeds shall be certified or supervised by a person certified by the South Carolina Department of Agriculture. Training and certification of persons engaged in sampling, grading and inspection of grains and oilseeds shall be made available by the South Carolina Department of Agriculture.
S.C. Code Ann. § 46-3-30 — SC Code / Title 46 / Chapter 3 / Section 46-3-30
SECTION 46-3-30. Commissioner of Agriculture; qualifications.
Status: in_force

The chief officer of the Department of Agriculture shall be denominated the Commissioner of Agriculture. The Commissioner shall have a competent knowledge of agriculture, manufacturing and general industries, commerce, chemistry and publicity.
S.C. Code Ann. § 46-27-850 — SC Code / Title 46 / Chapter 27 / Article 11 / Section 46-27-850
SECTION 46-27-850. Penalty.
Status: in_force

Any person who shall offer or expose for sale any package, sample or quantity of any preparation referred to in Section 46-27-820 which has not been registered or which, though registered, is subsequently found by an analysis or examination made by or under the direction of the Commissioner to contain harmful or injurious substances or to be labeled with false or misleading statements regarding its contents or curative properties shall be guilty of a misdemeanor and upon conviction shall be fined fifty dollars for the first offense and one hundred dollars for each subsequent offense.
S.C. Code Ann. § 46-1-50 — SC Code / Title 46 / Chapter 1 / Section 46-1-50
SECTION 46-1-50. Injuring or burning turpentine farms.
Status: in_force

It shall be unlawful for any person to set fire to any woods so near to any turpentine farm in this State as to injure or burn any such farm; and whoever shall wilfully and maliciously set fire to any woods at any time, whereby any such farm is injured or burned, shall be adjudged guilty of a misdemeanor and liable to be punished at hard labor in the Penitentiary for the period of one year or fined in the sum of five hundred dollars.
S.C. Code Ann. § 46-23-40 — SC Code / Title 46 / Chapter 23 / Section 46-23-40
SECTION 46-23-40. Quarantines.
Status: in_force

(a) The commission is authorized and directed to quarantine any county, or any portion thereof, when it deems that such quarantine is necessary to prevent the spread of any noxious weed. Before such quarantine is established, the commission shall give due notice of hearing under such regulations as it may prescribe. At such hearing, any interested party may appear and be heard, either in person or by attorney. (b) The commission is directed to give notice of quarantine or amendments thereto through publication in the county newspaper. (c) No persons shall ship or offer for shipment to any common carrier, nor shall any common carrier receive for transportation or transport, nor shall any person carry or transport from any quarantined county or any quarantined portion thereof, into or through any other county, any noxious weed or any other product, article, or means of conveyance of any character whatsoever except as specified in the regulations issued by the commission. (d) The commission shall make and promulgate rules and regulations governing the inspection, disinfection, certification, and methods and manner of movement of noxious weeds and any carriers thereof specified in the notice of the quarantine.
S.C. Code Ann. § 46-39-60 — SC Code / Title 46 / Chapter 39 / Section 46-39-60
SECTION 46-39-60. Money value of subscription to be paid if labor not performed or property not delivered.
Status: in_force

In case of failure to perform the labor or to deliver the property according to the terms of the subscription the money value thereof, as specified in the list of subscriptions, shall be paid by the subscribers.
S.C. Code Ann. § 46-15-30 — SC Code / Title 46 / Chapter 15 / Section 46-15-30
SECTION 46-15-30. Filing and posting of rules and regulations.
Status: in_force

Any rules and regulations made and promulgated under the provisions of paragraph (12) of Section 46-15-20 shall be filed with the Secretary of State and shall be posted in a conspicuous place in each market. When so filed and posted such rules and regulations shall have the force and effect of law.
S.C. Code Ann. § 46-25-50 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-50
SECTION 46-25-50. Sales between and to importers, registrants, and manipulators.
Status: in_force

Nothing in this chapter shall be construed to restrict or avoid sales or exchange of commercial fertilizers to each other by importers, registrants, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizers to registrants or manipulators who have registered their brands as required by the provisions of this chapter.
S.C. Code Ann. § 46-13-185 — SC Code / Title 46 / Chapter 13 / Section 46-13-185
SECTION 46-13-185. Prosecution of criminal violators; use of counsel.
Status: in_force

The director may prosecute criminal violators of this chapter and may use his own counsel in inferior courts but only when the defendant chooses to be represented by counsel. Counsel employed by the director may assist the solicitor, when requested, in general sessions court, the Court of Appeals, and the Supreme Court.
S.C. Code Ann. § 46-26-20 — SC Code / Title 46 / Chapter 26 / Section 46-26-20
SECTION 46-26-20. Definitions.
Status: in_force

For purposes of this chapter: (1) "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity. (2) "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity. (3) "Dolomitic limestone" means those materials of which sixteen percent or more of the total neutralizing value expressed as calcium carbonate equivalent is derived from magnesium compounds. (4) "Calcitic limestone" means materials of which eighty-five percent, plus or minus five percent, or more of the total neutralizing value expressed as calcium carbonate equivalent is derived from calcium compounds. (5) "Burnt lime" means a material whose calcium and magnesium compounds are capable of neutralizing soil acidity and which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide. (6) "Hydrated lime" means a material made from burnt lime which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide. (7) "Marl" means a granular or loosely consolidated earthy material composed largely of calcium carbonate. (8) "Industrial by-product used as a liming material" means an industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity. (9) "Calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. (10) "Fineness" means the percentage of weight of the material which will pass United States Standard sieves of specified sizes. (11) "Distributor" means a person who imports, consigns, manufactures, produces, compounds, mixes, or blends agricultural liming materials or who offers for sale, sells, barters, or otherwise supplies agricultural liming materials. (12) "Registrant" means the person who applies for or requests registration of the agricultural liming material and is granted registration. (13) "Brand" means the term, designation, trademark, product name, or other specific designation under which individual agricultural liming material is offered for sale. (14) "Ton" means a net weight of two thousand pounds avoirdupois. (15) "Percent" or "percentage" means by weight. (16) "Bulk" means in nonpackaged form. (17) "Label" means written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. (18) "Person" means individual, partnership, association, firm, or corporation. (19) "Weight" means the net weight of material as offered for sale. (20) "Director" means the Director of Regulatory and Public Service Programs, Clemson University. (21) "Division" means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials. (22) "Landplaster" means a product consisting chiefly of calcium sulfate with two combined water molecules (CaSO4 2H2O) and is incapable of neutralizing soil acidity. It shall contain not less than seventy percent CaSO4 2H2O.
S.C. Code Ann. § 46-10-40 — SC Code / Title 46 / Chapter 10 / Section 46-10-40
SECTION 46-10-40. Powers of commission.
Status: in_force

The commission, either independently or in cooperation with counties or political subdivisions thereof, cities, towns, farmers' associations or similar organizations, individuals, federal agencies or agencies of other states, may carry out operations or measures to locate, suppress, control or eradicate, or to prevent or retard the spread of pests.
S.C. Code Ann. § 46-39-110 — SC Code / Title 46 / Chapter 39 / Section 46-39-110
SECTION 46-39-110. Officers; election; bond.
Status: in_force

The officers of every such association shall be a president, a secretary and a treasurer or a secretary-treasurer combined, who shall be elected annually by the directors. Each of the officers must be a director of the association. The treasurer or secretary-treasurer shall give such bond as the board of directors may require.
S.C. Code Ann. § 46-25-75 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-75
SECTION 46-25-75. Certain information to be published.
Status: in_force

The commission shall publish at least annually and in such forms as may be deemed proper (1) information concerning the distribution of commercial fertilizers; (2) results of analysis based on official samples of commercial fertilizers distributed within the State as compared with the analysis guaranteed under Sections 46-25-210 and 46-25-410.
S.C. Code Ann. § 46-15-100 — SC Code / Title 46 / Chapter 15 / Section 46-15-100
SECTION 46-15-100. Penalties.
Status: in_force

Any person who shall, within the bounds of any market established under the provisions of this chapter and Article 1, Chapter 19, violate any of the provisions hereof is guilty of a misdemeanor, punishable by a fine of not exceeding one hundred dollars or imprisonment for not exceeding thirty days. Effect of Amendment 2017 Act No. 31, SECTION 5, substituted "is guilty" for "or any rule or regulation promulgated hereunder shall be guilty", and made a nonsubstantive change.
S.C. Code Ann. § 46-39-80 — SC Code / Title 46 / Chapter 39 / Section 46-39-80
SECTION 46-39-80. Limitation on number of shares owned; one vote per share.
Status: in_force

No stockholder shall own shares of a greater par value than one fifth of the capital stock of the association. Each stockholder shall be allowed to cast as many votes as the number of shares he owns on any subject arising in the management of the association.
S.C. Code Ann. § 46-37-20 — SC Code / Title 46 / Chapter 37 / Section 46-37-20
SECTION 46-37-20. Powers of Commission; rules and regulations.
Status: in_force

The commission may deal with any disease of bees which requires prevention, control, or eradication and may promulgate and enforce regulations necessary to control, eradicate, or prevent the introduction, spread, or dissemination of any and all diseases of bees.
S.C. Code Ann. § 46-19-240 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-240
SECTION 46-19-240. Signs.
Status: in_force

The Commissioner shall prescribe and make available signs showing the Department's approval and membership in the program. Such signs shall be issued to applying markets which comply with standards established by the Commissioner and such markets may display such signs as long as they retain approval as participating markets.
S.C. Code Ann. § 46-25-45 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-45
SECTION 46-25-45. Commission to delegate duties to director; director to administer and enforce chapter and promulgate regulations.
Status: in_force

The commission shall delegate the duties provided in this chapter to the director who may administer and enforce this chapter and promulgate related regulations.
S.C. Code Ann. § 46-7-10 — SC Code / Title 46 / Chapter 7 / Section 46-7-10
SECTION 46-7-10. Duties and powers in general.
Status: in_force

The board of trustees of Clemson University shall have the following duties and powers with respect to agriculture and agricultural affairs or investigations: (1) It shall regulate the returns of such county agricultural societies as may be chartered by the State, prescribe the form of such returns and furnish all blanks necessary for securing uniform and reliable statistics of their operations; (2) It shall issue to the several county auditors of the State blanks, with complete instructions, for the collection of agricultural statistics and information; (3) It shall investigate all subjects relating to the improvement of the agricultural interests of the State, the inducement of immigration thereto and the introduction of foreign capital therein, as it may deem expedient; (4) It shall make investigations adapted to promote and improve the marketing of cattle and poultry and domestic fowl of every kind; (5) It may promulgate and enforce rules and regulations for the guidance of the State Veterinarian, or any assistant of his, in the treatment of horses, mules, cattle, hogs or other livestock or poultry or domestic fowl of any kind affected with any dangerous or contagious disease; (6) It may adopt rules and regulations consistent with the laws of this State and of the United States to prevent the introduction into this State of any livestock or poultry or domesticated fowl of any kind that is affected with any contagious disease, the tendency of which is to cause the death of such livestock; (7) It may in case of contagious disease among any kind of stock or animals, including poultry and domesticated animals of every kind, either establish rules of quarantine or have the infected animals killed and burned; (8) It may adopt and promulgate such rules and regulations as it may deem necessary or advisable to carry into effect any and all of the matters referred to in Sections 47-13-10, 47-13-20, 47-13-40, 47-13-60 and 47-13-360 to 47-13-420; (9) It, or a committee appointed by it, shall supervise and enforce the execution of any duties devolved upon it; (10) It shall appoint a special inspector or inspectors of fertilizers and such other persons as it may deem necessary for carrying out the duties devolved upon it by Chapter 25 of this Title and fix their compensation; (11) It shall communicate and cooperate with the Secretary of Agriculture of the United States and shall receive from him seeds, plants, documents and information and distribute them as may seem to the best advantage; (12) It may hold agricultural conventions composed of delegates from each county in the State, to be apportioned to each county and elected in such manner as it may provide and it may conduct farmers' institutes at such times and places as may appear expedient; and it may use such parts of the funds under its control as may be necessary to meet the expense of conducting such conventions and institutes, but no compensation, per diem or mileage, shall be paid to the delegates to such conventions; (13) It shall detail one of its scientific agriculturists to pay frequent visits to the coastal section of the State, to examine the soils, present methods of cultivation, fertilization, irrigation, and similar matters, and to make practical tests, on some selected section, of Sea Island cotton, rice and truck farms, with various varieties of seeds, and to follow the tests up carefully during the preparation of the land, planting of the seed and cultivation and harvesting of the crops and also to examine into the diseases of cotton, rice, truck, and other similar crops which have caused much trouble and loss in that section; and (14) It shall furnish, at cost, to citizens of this State upon request therefor, sufficient quantities of serum for treatment of hog cholera; provided, that no person shall be furnished more serum than needed for treatment of hogs actually owned by the person applying therefor; and provided, further, that no poor person shall be charged for serum applied for when he is unable to pay for it.
S.C. Code Ann. § 46-9-70 — SC Code / Title 46 / Chapter 9 / Section 46-9-70
SECTION 46-9-70. Police powers of commission, assistants, deputies, and agents; violations reported to commission.
Status: in_force

The members of the commission and their assistants, deputies, and agents have police power in executing this chapter and as otherwise provided by law. Every person shall report violations to the commission.
S.C. Code Ann. § 46-17-40 — SC Code / Title 46 / Chapter 17 / Section 46-17-40
SECTION 46-17-40. Definitions.
Status: in_force

For purposes of this chapter: (a) "Commission" means the Agriculture Commission of South Carolina. (b) "Department" means the Department of Agriculture of the State of South Carolina. (c) "Marketing order" means an order issued by the Commission pursuant to this chapter. (d) "Marketing agreement" means an agreement entered into and issued by the Commission pursuant to this chapter. (e) "Agricultural commodity" means a distinctive type of agricultural, horticultural, viticultural, floricultural, aquacultural, vegetable, or animal product, either in its natural or processed state. The commission may determine on the basis of common usage and practice what kinds, types, subtypes, or classes may be included together as an agricultural commodity for the purpose of this chapter. (f) "Production area" and "marketing area" means any geographical area defined as such in any marketing order or agreement. "Affected area" means the geographical marketing or production area so defined in such order or agreement. (g) "Unit" of an agricultural commodity means a unit of volume, weight, quantity, or other measure in which such commodity is commonly measured. The Commission shall designate in each marketing order and agreement the unit to be used. (h) "Affected unit" means in the case of marketing agreements and orders drawn on the basis of a production area, any unit of the commodity specified in such agreement or order which is produced in such area and sold or marketed; and "affected unit" means, in the case of marketing agreements and orders drawn on the basis of marketing area, any unit of the commodity specified in such agreement or order which is sold or marketed within such marketing area; provided, that in the case of marketing agreements "affected unit" shall include only those units which are produced by producers who have assented to such agreement. (i) "Affected commodity" means that part of any agricultural commodity which is covered by any marketing agreement or order, and includes all affected units thereof as herein defined and no others. (j) "Producer" means any person engaged in the business of producing any agricultural commodity for market in commercial quantities. "Affected producer" means any producer of an affected commodity. "To produce" means to act as a producer. (k) "Commercial quantities" shall be determined and defined by each commodity group in any proposed marketing order or agreement submitted by such group and shall mean sales or marketing of such products during the course of the most recently completed full season for the affected commodity. (l) "Handler" means any person who acts, either as a principal, agent, or otherwise, in processing, selling, marketing, or distributing an agricultural commodity which was not produced by him. "Affected handler" means any handler of an affected commodity. "To handle" means to act as a handler. Provided, that such handler shall not include a person engaged in manufacturing from an agricultural commodity, so changed in form, another and different product. (m) "Producer-handler" means any person who acts both as a producer and as a handler with respect to any agricultural commodity. A producer-handler shall be deemed to be a producer with respect to the agricultural commodities which he produces, and a handler with respect to the agricultural commodities which he handles, including those produced by himself. (n) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of Congress of the United States of February 18 1922, as amended, known as the "Capper-Volstad Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis. (o) "Member of cooperative association" means any producer who markets his product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is a party to a marketing agreement with such cooperative association with respect to such product. (p) "Producer marketing" or "marketed by producers" means any operations performed by any producer or cooperative association of producers in preparing for market and marketing, and shall include: (1) Selling any agricultural commodity produced by such producer to any handler; (2) Delivering any such commodity or otherwise disposing of it for commercial purposes to or through any handler. (q) "Retailer" means any person who purchases or acquires any agricultural commodity for resale at retail to the general public for consumption off the premises but such person shall also be included within the definitions of handler as herein set forth, to the extent that he engages in the business of a handler as herein defined. (r) "Commodity board" means any board established pursuant to Section 46-17-190. "Board" means any such commodity board unless a different board is expressly specified. (s) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade. (t) "Advertising and sales promotion" means, in addition to the commonly accepted meaning thereof, trade promotion and activities for the removal of trade barriers which restrict the free flow of agricultural commodities to market and may include the negotiations with State, Federal, or foreign governmental agencies on matters which affect the marketing of any commodity included in any marketing order or agreement made effective pursuant to the provisions of this chapter.
S.C. Code Ann. § 46-13-140 — SC Code / Title 46 / Chapter 13 / Section 46-13-140
SECTION 46-13-140. Exemptions from licensing requirements.
Status: in_force

A. The provisions of Section 46-13-60 relating to licenses and requirements for their issuance shall not apply to a doctor of veterinary medicine applying pesticides to animals during the normal course of his veterinary practice; provided, that he is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation or does not publicly hold himself out as a pesticide applicator. B. The provisions of Section 46-13-60 relating to licenses and requirements for their issuance shall not apply to medical personnel (both private and governmental) applying pesticides to man during the normal course of medical practice.
S.C. Code Ann. § 46-17-120 — SC Code / Title 46 / Chapter 17 / Section 46-17-120
SECTION 46-17-120. Requirements for preliminary and final decisions; notice of final decision; final decision denying proposal.
Status: in_force

The preliminary decision shall contain the text in full of any proposal and may deny or approve the proposal, recommend a marketing agreement, order, amendment, or termination containing other or different terms or conditions from those contained in the proposal; provided, that the preliminary decision shall be substantially within the purview of the notice or hearing and shall be supported by evidence taken at the hearing or by documents of which the Commission is authorized to take judicial notice. The final decision by the Commission shall set out in full the text of the proposal and the Commission shall deliver copies of the final decision to all producers and handlers directly affected by such final decision and whose addresses appear on file in the Department, on the day next preceding the day on which the final decision is issued, and to all parties of record appearing at the hearing, or their representatives of record. If the final decision denies the proposal in its entirety no further action shall be taken by the Commission.
S.C. Code Ann. § 46-13-180 — SC Code / Title 46 / Chapter 13 / Section 46-13-180
SECTION 46-13-180. Penalties.
Status: in_force

(1) Criminal Penalty. Any person who wilfully violates the provisions of this chapter, including, but not limited to, working without the appropriate South Carolina Commercial Pesticide Applicator's License or South Carolina Pest Control Business License, is guilty of a misdemeanor and, upon conviction, shall be punished as follows: (a) for a first offense, by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; (b) for a second offense, by a fine of not more than five hundred dollars or imprisonment for not more than sixty days; (c) for a third or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than ninety days. (2) Civil Penalty. In addition to a denial, suspension, revocation, or modification of a license or certificate or any other penalty as set forth in this chapter, an applicant, a holder of a license or certificate, or a person who receives compensation for making a pesticide application on property who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense. The provisions of this subsection do not apply to a homeowner who makes a pesticide application in his home in accordance with state and federal law. Effect of Amendment 2017 Act No. 31, SECTION 4, in (1), substituted ", including, but not limited to, working without the appropriate South Carolina Commercial Pesticide Applicator's License or South Carolina Pest Control Business License, is" for "or regulations promulgated pursuant thereto shall be deemed", and made other nonsubstantive changes.
S.C. Code Ann. § 46-26-150 — SC Code / Title 46 / Chapter 26 / Section 46-26-150
SECTION 46-26-150. Restrictions on sales generally.
Status: in_force

(A) No agricultural liming material, landplaster, or both, shall be sold or offered for sale in South Carolina unless it complies with provisions of this chapter. (B) No agricultural liming material, or landplaster, or both, shall be sold or offered for sale in South Carolina which contains toxic materials in quantities injurious to plants or animals.
S.C. Code Ann. § 46-3-270 — SC Code / Title 46 / Chapter 3 / Section 46-3-270
SECTION 46-3-270. Waiver of remittance of indirect cost recoveries for the Specialty Crop Grant.
Status: in_force

The Department of Agriculture may waive the remittance of indirect cost recoveries for the Specialty Crop Grant supported by the United States Department of Agriculture through the Commodity Credit Corporation.
S.C. Code Ann. § 46-3-10 — SC Code / Title 46 / Chapter 3 / Section 46-3-10
SECTION 46-3-10. Duties of department.
Status: in_force

The Department of Agriculture shall execute the laws of this State pertaining to agriculture except such laws as are specifically designated for execution by others.
S.C. Code Ann. § 46-41-20 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-20
SECTION 46-41-20. Exceptions.
Status: in_force

The provisions of this chapter shall not apply to: (1) Resident farmers or groups of resident farmers in the sale or purchase of agricultural products. (2) All persons who buy for cash and pay at the time of delivery with United States currency and maintain on file in the office of the Commissioner an affidavit of this fact which shall be renewed on an annual basis. (3) A dealer in agricultural products who operates as a bonded licensee under the Federal Packers and Stockyards Act. (4) An operator of a roadside stand doing business within the State who pays for agricultural products by cash or check. (5) All persons who buy in small quantities for personal use or consumption.
S.C. Code Ann. § 46-45-70 — SC Code / Title 46 / Chapter 45 / Section 46-45-70
SECTION 46-45-70. Established agricultural facility as nuisance; changed conditions in surrounding locality.
Status: in_force

No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
S.C. Code Ann. § 46-10-80 — SC Code / Title 46 / Chapter 10 / Section 46-10-80
SECTION 46-10-80. Cooperation with federal and adjacent state agencies.
Status: in_force

(1) The commission may cooperate with any agency of the federal government in such operations and measures as is deemed necessary to suppress, control, eradicate or to prevent or retard the spread of any plant pest including the right to expend state funds on federal lands. (2) The commission may cooperate with agencies of adjacent states in such operations and measures as it deems necessary to locate; to suppress, control or eradicate; or to prevent or retard the spread of any pest. The use of funds appropriated to carry out this chapter for operations in adjacent states must be approved in advance by the Governor or his designee.
S.C. Code Ann. § 46-29-30 — SC Code / Title 46 / Chapter 29 / Section 46-29-30
SECTION 46-29-30. Public ginners shall keep books for inspection; numbering of bales.
Status: in_force

Every person who runs a public gin shall keep a book in which shall be entered a full account of all the cotton brought thereto with the date and the name of the person bringing it. Such book shall be open to inspection by the public. The ginner shall also, if requested so to do by the owner of the cotton, number consecutively each bale of cotton as it comes from the press, by stencil or other permanent mark, beginning with the number one at the opening of the ginning season, so that the stencil or number mark shall correspond with the number and weight of the identical bale of cotton as it is recorded in the ginner's book of records.
S.C. Code Ann. § 46-50-60 — SC Code / Title 46 / Chapter 50 / Section 46-50-60
SECTION 46-50-60. Violation of compact as offense; penalty.
Status: in_force

A person violating any provision of this chapter, or the provisions of the Southern Interstate Dairy Compact, or any rule or regulation adopted pursuant to either this chapter or the compact, is guilty of a misdemeanor and, upon conviction, may be punished by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment for a term of not more than one year, or both, for each separate offense. Each day upon which a violation occurs or continues constitutes a separate offense.
S.C. Code Ann. § 46-21-475 — SC Code / Title 46 / Chapter 21 / Article 7 / Section 46-21-475
SECTION 46-21-475. Injunctions to be issued without bond.
Status: in_force

When in the performance of his duties the Commissioner applies to a court for a temporary or permanent injunction restraining a person from violating or continuing to violate the provisions of this chapter or the regulations promulgated pursuant to this chapter, the injunction is to be issued without bond.
S.C. Code Ann. § 46-27-50 — SC Code / Title 46 / Chapter 27 / Article 1 / Section 46-27-50
SECTION 46-27-50. Seeds shall not be treated with poisons if destined for manufacture into commercial feed.
Status: in_force

It shall be unlawful for any person to offer for sale any seeds which have been treated with poisons if destined to be manufactured into commercial feeds.
S.C. Code Ann. § 46-1-60 — SC Code / Title 46 / Chapter 1 / Section 46-1-60
SECTION 46-1-60. Making away with or disposing of produce before paying.
Status: in_force

(A) It is unlawful for a person engaged in the business of buying cotton, corn, rice, or similar commodities, either on his own account or for others, to buy commodities from a planter, commission merchant, or any other person for cash and fail or refuse to pay for it and make away with or dispose of it before he has paid for it. (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. § 46-42-30 — SC Code / Title 46 / Chapter 42 / Section 46-42-30
SECTION 46-42-30. Portion of sample to be retained for checking when discount or weight deduction is assessed.
Status: in_force

If requested by the deliverer of grain or oilseed on which a discount or weight deduction is assessed, one-half must be placed and sealed in a tamper-proof container provided by the Department of Agriculture and the container must be returned to the deliverer of the grain or oilseed sampled, tested or graded. Records shall be maintained for a period of one year on each lot of grain or oilseed for which a grade is determined by the dealer and handler in order to assist the Commissioner in evaluation grading performance. The Commissioner may suspend or revoke a grader's certificate when he deems the grader incapable of competent performance.
S.C. Code Ann. § 46-37-25 — SC Code / Title 46 / Chapter 37 / Section 46-37-25
SECTION 46-37-25. Commission to delegate duties to director; authority of director.
Status: in_force

The commission shall delegate the duties provided in this chapter to the director who may administer and enforce all provisions of this chapter and promulgate regulations necessary to implement this chapter.
S.C. Code Ann. § 46-11-10 — SC Code / Title 46 / Chapter 11 / Section 46-11-10
SECTION 46-11-10. Compact entered into and enacted into law; form.
Status: in_force

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: PEST CONTROL COMPACT
S.C. Code Ann. § 46-25-260 — SC Code / Title 46 / Chapter 25 / Article 3 / Section 46-25-260
SECTION 46-25-260. Exclusive use of brand name or trademark.
Status: in_force

The brand name or trademark registered by a person shall not be entitled to registration by another; and the person having first registered and used the brand name or trademark shall be entitled to it, even should the brand name or trademark not be offered for current registration.
S.C. Code Ann. § 46-15-90 — SC Code / Title 46 / Chapter 15 / Section 46-15-90
SECTION 46-15-90. Agricultural Marketing Advisory Council; duties.
Status: in_force

In the exercise of its functions the council shall make recommendations to the Commissioner of Agriculture as to the implementation and administration of the responsibilities of the Department under this chapter and conduct studies and compile information as deemed necessary as a basis for such recommendation.
S.C. Code Ann. § 46-9-50 — SC Code / Title 46 / Chapter 9 / Section 46-9-50
SECTION 46-9-50. Delegation of duties of commission to director; powers and duties of 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 approving releases or the introduction of genetically engineered organisms for agricultural use in this State. The director may hold public hearings at appropriate geographical locations, after thirty days' public notice in at least one newspaper of general circulation within the area. In making a final decision the director may rely on the findings of federal or state agencies involved. The director may promulgate regulations designating plant pests. In the designation he may rely upon prior determinations by federal authorities and in effect in Title 7, Code of Federal Regulations. If prior determinations have not been made, the director shall comply with the Administrative Procedures Act.
S.C. Code Ann. § 46-31-130 — SC Code / Title 46 / Chapter 31 / Section 46-31-130
SECTION 46-31-130. Subsequent referendum when preceding one successful.
Status: in_force

If the referendum is carried by the votes of two-thirds or more of the eligible farmers participating in the referendum and the assessments are levied, the board of directors in its discretion may call and conduct future referenda in which the farmers vote upon the question of whether or not the assessments are continued for the next three years.
S.C. Code Ann. § 46-7-20 — SC Code / Title 46 / Chapter 7 / Section 46-7-20
SECTION 46-7-20. County auditors shall return blanks issued for collection of agricultural statistics and information.
Status: in_force

The county auditors to whom are issued the blanks referred to in paragraph (2) of Section 46-7-10 shall promptly return such blanks to the board filled in in accordance with such instructions.
S.C. Code Ann. § 46-17-130 — SC Code / Title 46 / Chapter 17 / Section 46-17-130
SECTION 46-17-130. Assent to marketing agreements or amendments; when agreements or amendments may be enforced; when agreements are deemed issued.
Status: in_force

With respect to marketing agreements, the Commission shall, after publication of the final decision, invite all producers affected thereby to agree to the marketing agreement or amendment set out in such decision. The marketing agreements or amendments shall be binding only upon persons who have agreed in writing thereto and whose written agreement has been filed with the Commission; provided, that the Commission shall enforce a marketing agreement or amendment only when it shall be found in addition to the other findings specified in this chapter that such marketing agreement or any amendment thereto has been assented to by a sufficient number of signatories who produce a sufficient volume of the commodity affected and sufficient moneys from assessments levied to defray the necessary expenses of issuance and enforcement is provided. The marketing agreement shall be deemed to be issued and in effect when the Commission has notified all persons who have assented thereto.
S.C. Code Ann. § 46-10-10 — SC Code / Title 46 / Chapter 10 / Section 46-10-10
SECTION 46-10-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Boll Weevil Eradication Act".