S.C. Code Ann. § 39-15-1155 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1155
SECTION 39-15-1155. Fraudulent filing, registration of mark; liability.
Status: in_force

A person who procures or who on behalf of another person procures the filing or registration of a mark in the office of the secretary under the provisions of this article by knowingly making a false or fraudulent representation or declaration orally, in writing, or by any other fraudulent means is liable to pay all damages sustained in consequence of the filing or registration to be recovered in a court of competent jurisdiction by or on behalf of the party injured.
S.C. Code Ann. § 39-51-80 — SC Code / Title 39 / Chapter 51 / Section 39-51-80
SECTION 39-51-80. Inspection; analysis of antifreeze.
Status: in_force

The Commissioner, or his authorized agent, shall have the right to have access at reasonable hours to all places and property where antifreeze is stored, or distributed, or offered, or intended to be offered for sale, including the right to inspect and examine all antifreeze there found, and to take reasonable samples of such antifreeze for analysis together with specimens of labeling. All samples so taken shall be properly sealed and sent to the laboratory of the State Department of Agriculture for examination together with all labeling appertaining thereto. It shall be the duty of the Commissioner to examine promptly all samples received and report the results of such examination to the owner and registrant of the antifreeze.
S.C. Code Ann. § 39-41-320 — SC Code / Title 39 / Chapter 41 / Article 3 / Section 39-41-320
SECTION 39-41-320. Display of false trademark or trade name of lubricating oil.
Status: in_force

It shall be unlawful for any person to display on any can, drum or other container in which lubricating oil for internal combustion engines of automobiles, autotrucks or tractors is kept for sale, or from which it is poured or drawn for sale, a trademark or trade name which is not the distinctive designation of the oil actually contained therein.
S.C. Code Ann. § 39-33-1510 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1510
SECTION 39-33-1510. Placing offensive material in milk containers is unlawful.
Status: in_force

It shall be unlawful for any person to place or permit to be placed in any milk container designed to be again used in the production, sale or delivery of milk or other dairy products in the State or the police jurisdiction of the State swill, offal, kerosene, gasoline, food products other than milk, coal dust, ashes or other offensive material. Any person violating the provisions of this section shall be punished, upon conviction, by a fine of not exceeding one hundred dollars or imprisonment not exceeding thirty days.
S.C. Code Ann. § 39-57-40 — SC Code / Title 39 / Chapter 57 / Section 39-57-40
SECTION 39-57-40. Surety bond or trust account requirements.
Status: in_force

If the business opportunity seller makes any of the representations set forth in Section 39-57-20 (3), the seller must either have obtained a surety bond issued by a surety company authorized to do business in this State or have established a trust account with a licensed and insured bank or savings institution located in the State. The amount of the bond or trust account shall be an amount not less than fifty thousand dollars. The bond or trust account shall be in favor of the State. Any person who is damaged by any violation of this chapter or by the seller's breach of the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account.
S.C. Code Ann. § 39-26-140 — SC Code / Title 39 / Chapter 26 / Section 39-26-140
SECTION 39-26-140. Repeal of chapter upon the repeal of 21 C.F.R. Part 112.
Status: repealed

For the repeal of this section, see Sections 39-26-140 and 39-26-160. This chapter is repealed upon the effective date of the repeal of 21 C.F.R. Part 112.
S.C. Code Ann. § 39-9-220 — SC Code / Title 39 / Chapter 9 / Section 39-9-220
SECTION 39-9-220. Presumption as to use of weight, measure, or weighing or measuring device.
Status: in_force

Whenever there exists a weight or measure or weighing or measuring device in or about a place in which or from which buying or selling commonly is carried on, there is a rebuttable presumption that the weight or measure or weighing or measuring device is used regularly for the business purposes of that place. Effect of Amendment The 1994 amendment made grammatical changes.
S.C. Code Ann. § 39-9-120 — SC Code / Title 39 / Chapter 9 / Section 39-9-120
SECTION 39-9-120. Misrepresentation of price prohibited; display of price.
Status: in_force

No person may misrepresent the price of a commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or deceive a person. Whenever an advertised, posted, or labeled price for each unit of weight, measure, or count includes a fraction of a cent, all elements of a fraction must be displayed prominently, and the numerals expressing the fraction must be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of the numerals representing the whole cent. Effect of Amendment The 1994 amendment made grammatical changes.
S.C. Code Ann. § 39-3-320 — SC Code / Title 39 / Chapter 3 / Article 5 / Section 39-3-320
SECTION 39-3-320. Application for discovery.
Status: in_force

Whenever the Attorney General has determined to commence an action or proceeding under any law relating to the prohibition or prevention of trusts, combinations or monopolies or against any corporation, foreign or domestic, for any violation of any law, he may present to any justice of the Supreme Court or any circuit judge, either before or after beginning such action or proceeding, an application in writing for an order directing the persons mentioned in the application to appear before a justice of the Supreme Court, a circuit judge or a referee designated in such order and answer such questions as may be put to them or to any of them and produce such papers, documents and books concerning any alleged illegal contract, arrangement, agreement, trust, monopoly or combination or corporate acts in violation of law. The application must show upon information and belief, or otherwise, that the testimony of such person is material and necessary.
S.C. Code Ann. § 39-61-100 — SC Code / Title 39 / Chapter 61 / Section 39-61-100
SECTION 39-61-100. Cease and desist orders; revocation or suspension of certificate of authority.
Status: in_force

(A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring the club to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a club, if the Administrative Law Court finds, after a hearing, that the club: (1) has violated or failed to comply with any provisions of this chapter or regulations promulgated pursuant to the authority of this chapter; (2) has obtained a certificate of authority through wilful misrepresentation or fraud; (3) has engaged in fraudulent or deceptive practices; (4) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of any service contract issued or to be issued by it or any other club; (5) is unable to meet its obligations as determined by generally accepted accounting principles; (6) has, after notice to the club of an alleged occurrence of any of items (1) through (5) of this section, refused without just cause to submit relevant information to the administrator with respect to the motor club services within this State. (B) Instead of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (1) through (6) of subsection (A) of this section, the administrative law judge may assess an administrative penalty of not less than one hundred nor more than one thousand dollars for each violation. An accumulation of these penalties may not exceed five thousand dollars for matters commenced in any calendar year. These penalties may be assessed in connection with orders to cease and desist. Editor's Note 2005 Act No. 128, SECTION 27, provides as follows: "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs." Effect of Amendment The 1991 amendment designated the existing provisions of the section as subsection (1), and added subsection (2). The 2005 amendment redesignated subsection (1) as subsection (A), paragraphs (1)(a) to (f) as paragraphs (A)(1) to (6), and subsection (2) as subsection (B); rewrote subsection (A) to refer to the Administrative Law Court; and made conforming amendments throughout.
S.C. Code Ann. § 39-19-40 — SC Code / Title 39 / Chapter 19 / Article 1 / Section 39-19-40
SECTION 39-19-40. Warehouseman must insure property on request.
Status: in_force

Every such warehouseman shall, when requested in writing by a person placing property with him on storage, cause such property to be insured for whom it may concern.
S.C. Code Ann. § 39-3-170 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-170
SECTION 39-3-170. Disqualification of foreign corporation.
Status: in_force

Any corporation created or organized by or under the law of any other state or country which shall violate any of the provisions of this article shall thereby forfeit its right and privilege thereafter to do any business in this State and upon proper proof being made thereof in any court of competent jurisdiction in this State its rights and privileges to do business in this State shall be declared forfeited. In all proceedings to have such forfeiture declared, proof that any person who has been acting as agent of such foreign corporation in transacting its business in this State has been, while acting as such agent and in the name, behalf or interest of such foreign corporation, violating any provisions of this article shall be received as prima facie proof of the fact of the act of the corporation itself; and it shall be the duty of the clerk of such court to certify the decree thereof to the Secretary of State.
S.C. Code Ann. § 39-41-340 — SC Code / Title 39 / Chapter 41 / Article 3 / Section 39-41-340
SECTION 39-41-340. Sale of oil without trademark or trade name and which is not labeled as unbranded.
Status: in_force

It shall be unlawful for any person to fill an order from a consumer for lubricating oil for internal combustion engines of automobiles, autotrucks or tractors with oil that is not designated by a trademark or distinctive trade name unless, at the time of sale, the oil is poured, drawn or taken for delivery from a can, drum or other container or bottle rack marked in such manner as to be legible and clearly visible to the purchaser with the words "Unbranded Lubricating Oil."
S.C. Code Ann. § 39-15-420 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-420
SECTION 39-15-420. Registration of mark or brand with Secretary of State; registered number.
Status: in_force

Any person desiring to avail himself of the benefits of this article may make application to the Secretary of State, and shall file with the Secretary a true copy and description of such identifying mark or brand, which, if entitled thereto under the provisions of this article shall be filed and recorded by the Secretary in a book to be provided and kept by him for that purpose and the name of the owner of such brand or mark shall be likewise entered into such record and the Secretary shall then assign or designate a permanent registered number to the owner of such brand or mark, such numbers to be assigned progressively as marks and brands are received and recorded. The registered number so assigned shall then become a part of the registered brand or mark and shall plainly and distinctly be made to appear on such field boxes, crates, receptacles and containers, together with the identifying mark or brand referred to in Section 39-15-410. The Secretary of State shall determine if such brand or mark so applied for is not a duplication of any brand or mark previously recorded by him or does not so closely resemble any such brand or mark as to be misleading or deceiving. If the brand or mark applied for does so resemble or is such a duplication of a previously recorded brand or mark as to be misleading or deceiving, the application shall be denied and the applicant may file some other brand or mark in the manner described above.
S.C. Code Ann. § 39-15-750 — SC Code / Title 39 / Chapter 15 / Article 7 / Section 39-15-750
SECTION 39-15-750. Destruction of brand; removal or transfer of timber.
Status: in_force

The owner of such timber or any other person who shall cut out or off, obliterate or in any manner deface or destroy the brand of the purchaser or owner upon such timber or who shall injure, remove, secrete, take, receive or attempt to sell or purchase such timber so long as such brand lawfully remains thereon shall be guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned for a term of not less than thirty days nor more than three years and be fined not less than one hundred dollars nor more than three thousand dollars, either or both.
S.C. Code Ann. § 39-5-310 — SC Code / Title 39 / Chapter 5 / Article 3 / Section 39-5-310
SECTION 39-5-310. Definitions.
Status: in_force

For the purpose of this article: (1) A "wholesale" sale shall be one made to any person for the purpose of resale at retail; and (2) A "retail sale" shall be a sale for the purpose of consumption or use.
S.C. Code Ann. § 39-11-170 — SC Code / Title 39 / Chapter 11 / Section 39-11-170
SECTION 39-11-170. Penalties.
Status: in_force

A person or weighmaster who violates any of the provisions of this chapter or any regulations issued for the purpose of carrying out the intent of this chapter is guilty of a misdemeanor and, upon conviction, must be fined or imprisoned as provided in Section 46-41-170(1). In addition to the remedies provided in this chapter, the commissioner may apply for an injunction to the circuit court, and the circuit court has jurisdiction upon hearing and full cause showing to grant a temporary or permanent injunction, or both, restraining a person from violating or continuing to violate any of the provisions of this chapter or any regulation, the injunction to be issued without bond. The commissioner, by issuing his order, may place a public weighmaster who violates the provisions of this chapter, or an unlicensed person found to have been acting as a public weighmaster, on probation or levy a civil penalty of not more than one thousand dollars, or both. All monies received as civil penalties must be remitted to the general fund of the State. The levy of a civil penalty pursuant to this section may be appealed to the court of common pleas for the county in which the violation occurred. Effect of Amendment The 1989 amendment rewrote this section.
S.C. Code Ann. § 39-15-920 — SC Code / Title 39 / Chapter 15 / Article 9 / Section 39-15-920
SECTION 39-15-920. Penalties.
Status: in_force

Any carrier violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each violation shall constitute a separate offense.
S.C. Code Ann. § 39-31-100 — SC Code / Title 39 / Chapter 31 / Section 39-31-100
SECTION 39-31-100. Enforcement; promulgation of rules and regulations.
Status: in_force

This chapter shall be enforced by the Commissioner, who may make rules and regulations for carrying out the provisions thereof. The Commissioner may adopt by regulation such regulations, in conformity with the primary objectives of this chapter, as have been or may be adopted by the appropriate Federal agency under the Federal Food, Drug and Cosmetic Act, prescribing with respect to rice: (1) The vitamins and minerals and the amounts thereof required or permitted to be contained therein; (2) The manner of enrichment with vitamins and minerals; (3) Methods of testing to determine conformance with the provisions of law; (4) Labeling requirements; and (5) Sanitation requirements.
S.C. Code Ann. § 39-54-30 — SC Code / Title 39 / Chapter 54 / Section 39-54-30
SECTION 39-54-30. Manufacturers' warranties.
Status: in_force

A manufacturer who sells an assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express written warranty for the assistive technology device. At a minimum, the warranty shall guarantee that there are no defects in parts or performance. The duration of the express written warranty must be not less than one year after the first delivery of the assistive technology device to the consumer. In the absence of an express written warranty from the manufacturer, the assistive technology device shall be considered to have been expressly warranted by the manufacturer as if the manufacturer had explicitly furnished the warranty to the consumer as required by this section. All other requirements in this section will govern the product that is statutorily considered expressly warranted. Assistive technology dealers and lessors shall have the right to reimbursement or compensation from the manufacturer or other prior parties in the sales or distribution chain. It is expressly understood that assistive technology devices that are sold in an "as is" condition, and is so stated on the bill of sale, carry no warranty unless one is specifically stated on the bill of sale.
S.C. Code Ann. § 39-15-10 — SC Code / Title 39 / Chapter 15 / Article 1 / Section 39-15-10
SECTION 39-15-10. Use of marked beer, soda water, or mineral water containers.
Status: in_force

It shall be unlawful for any person engaged in the business of manufacturer, bottler or dealer in beer, soda water, or mineral waters to use in the course of his business any kegs, boxes, crates or bottles owned by any other person engaged in such business and rendered capable of identification by the name of the owner or other distinguishing marks stamped, stenciled, engraved, cut or in any other manner fixed thereon, without the consent of such owner in writing. No person shall trade or traffic in any such boxes, crates, bottles, jugs, kegs or other such vessels, except for the consumption of the beer, soda water or mineral waters placed therein by the owners. Any violation of this section shall be a misdemeanor, punishable for each offense by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment in the county jail for not less than ten days nor more than thirty days, or both, at the discretion of the court.
S.C. Code Ann. § 39-19-220 — SC Code / Title 39 / Chapter 19 / Article 3 / Section 39-19-220
SECTION 39-19-220. Maximum rates for handling and selling leaf tobacco; statement of charges.
Status: in_force

(A) The charges and expenses of handling and selling leaf tobacco on the floor of tobacco warehouses must be posted in a conspicuous place and may not exceed the following schedule of prices determined under either subsection (B) or (C) of this section at the option of the warehouse. (B) The first optional method for determining charges and expenses for handling and selling leaf tobacco on the floor of the tobacco warehouse is: (1) for auction fees, fifteen cents on all piles of one hundred pounds or less and twenty-five cents on all piles over one hundred pounds; (2) for weighing and handling, ten cents a pile for all piles of less than one hundred pounds and ten cents for each additional one hundred pounds; and (3) for commission on the gross sales of leaf tobacco in the warehouses not to exceed two and one-half percent. (C) The second optional method for determining charges and expenses for handling and selling leaf tobacco on the floor of the tobacco warehouse is a commission not to exceed three percent on the gross sales of leaf tobacco in the warehouses with no auction, weighing, or handling fees. (D) The proprietor of each warehouse shall render to each seller of tobacco at his warehouse a bill, plainly stating the amount charged for weighing and handling, the amounts charged for auction fees and the commission charged on the sale. It is unlawful for any other charges or fees exceeding those named in this section to be made or accepted. (E) The charges authorized to be imposed by this section may not be changed except on March first of each year, and the optional method chosen shall remain in effect for a period of one year from that date." Effect of Amendment The 1997 amendment rewrote this section.
S.C. Code Ann. § 39-11-200 — SC Code / Title 39 / Chapter 11 / Section 39-11-200
SECTION 39-11-200. Rules and regulations.
Status: in_force

The Commissioner of Agriculture is authorized to prescribe and issue such rules and regulations as may be necessary for the proper enforcement of this chapter and any person who shall violate any rules and regulations issued by the Commissioner of Agriculture shall be guilty of a violation of this chapter.
S.C. Code Ann. § 39-53-60 — SC Code / Title 39 / Chapter 53 / Section 39-53-60
SECTION 39-53-60. Vendors organized to sell blind-made products shall not stock merchandise not made by blind.
Status: in_force

Vendors organized to sell blind-made products shall not carry in stock or sell merchandise which is not made or identified as having been made by blind persons. Such vendors shall not be eligible for registration or license under this chapter.
S.C. Code Ann. § 39-39-135 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-135
SECTION 39-39-135. Refrigeration.
Status: in_force

(A) Shell egg producers shall refrigerate eggs upon gathering the eggs. Eggs must be graded and packed within a reasonable period of time from gathering. (B) After washing, processing, and packaging, eggs must be transported, stored, and displayed at ambient temperatures not to exceed forty-five degrees Fahrenheit until sold at retail or used by a commercial establishment or public institution.
S.C. Code Ann. § 39-37-10 — SC Code / Title 39 / Chapter 37 / Section 39-37-10
SECTION 39-37-10. Definitions.
Status: in_force

For the purpose and within the meaning of this chapter the definitions contained in this section shall obtain: (1) "Frozen desserts" means ice cream, frozen custard, ice milk, milk sherbet, dietary frozen dessert, ice or ice sherbet, low fat frozen dessert, low fat frozen dairy dessert, mellorine, frozen yogurt and low fat frozen yogurt as defined herein. (2) "Milk products" means pure, clean and wholesome cream, pure milk fat, butter, milk, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk and dried skimmed milk. (3) "Ice cream" means the pure, clean, frozen product made from a combination of two or more of the following ingredients: Milk products, eggs, water and sugar with harmless flavoring, with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one half of one per cent by weight of stabilizer, not less than ten per cent by weight of milk fat and not less than eighteen per cent by weight of total milk solids, including milk fat, except that when fruit, nuts, cocoa or chocolate, maple syrup, cakes or other confections are used for the purpose of flavoring, it shall contain not less than ten per cent by weight of milk fat and not less than eighteen per cent by weight of total milk solids, including milk fat, except for such reduction in milk fat and in total milk solids as is due to the addition of such flavoring, but in no such case shall it contain less than eight per cent by weight of milk fat nor less than sixteen per cent by weight of total milk solids, including milk fat. In no case shall any ice cream contain less than one and six-tenths pound of total food solids per gallon, and it must weigh not less than four and one-fourths pounds to the gallon. (4) "Frozen custard" means French ice cream, French custard ice cream, ice custard, parfaits and similar frozen products. Frozen custard is a clean, wholesome product made from a combination of two or more of the following ingredients: Milk products, water and sugar with harmless flavoring, with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one half of one per cent by weight of stabilizer, not less than ten per cent by weight of milk fat and not less than eighteen per cent by weight of total milk solids. Frozen custard shall contain for each ninety pounds thereof not less than (a) five dozen of clean, wholesome egg yolks, (b) one and five-tenths pounds of wholesome dry egg yolk containing not to exceed seven per cent of moisture, (c) three pounds of wholesome frozen egg yolk containing not to exceed fifty-five per cent of moisture or (d) the equivalent of egg yolk in any other form. In no case shall any frozen custard contain less than one and six-tenths pounds of total food solids per gallon, and it must weigh not less than four and one-fourth pounds to the gallon. (5) "Ice milk" means the pure, clean, frozen product made from a combination of two or more of the following ingredients: Milk products, eggs, water and sugar, with harmless flavoring, with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one half of one percent by weight of stabilizer, not less than two percent and less than seven percent by weight of milk fat and not less than eleven percent by weight of total milk solids, including milk fat. In no case shall any ice milk contain less than one and three-tenths pounds of total food solids to the gallon, and it must weigh not less than four and one-fourth pounds to the gallon. (6) "Milk sherbet" means the pure, clean, frozen product made from milk products, water and sugar, with harmless fruit or fruit juice flavoring and with or without harmless coloring, with not less than thirty-five one hundredths of one per cent of acid, as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome edible material. It contains not less than four per cent nor more than six per cent by weight of milk solids and it must weigh not less than four and one-fourth pounds to the gallon. (7) "Ice or ice sherbet" means the pure, clean, frozen product made from water and sugar with harmless fruit or fruit juice flavoring and with or without harmless coloring, with not less than thirty-five one hundredths of one per cent of acid, as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome edible material. It contains no milk solids. (8) [Deleted] (9) "Dietary frozen dessert" is the food prepared by freezing while stirring a pasteurized mix containing one or more of the following ingredients: milk products, water, sugar and any safe, suitable stabilizers, emulsifiers, nonnutritive sweeteners and optional ingredients approved by the Commissioner of Agriculture. The finished product contains less than two percent by weight of ether extractable fat and not less than seven percent by weight of total milk solids. The product weighs not less than four and one-half pounds per gallon and contains not less than one and one-tenth pounds nor more than one and forty-five hundredths pounds of food solids per gallon. If the optional ingredient microcrystalline cellulose is used, the quantity of food solids is not less than one and one-tenth pounds per gallon exclusive of the weight of the microcrystalline cellulose. (10) Additional definitions for frozen dairy products may be promulgated or defined standards changed by the Commissioner of Agriculture by regulation to conform to appropriate federal standards and definitions, if deemed to be in the consumer's interest. Before any definitions are promulgated or changed, public notice must be given requesting comments by anyone adversely affected and a hearing scheduled if sufficient adverse comments are received. (11) "Low fat frozen dessert" or "low fat frozen dairy dessert" means the pure, clean, frozen food product prepared by freezing, while stirring a pasteurized mix containing one or more of the following ingredients: sweet skim milk, concentrated skim milk, extra-grade nonfat dry milk, whole milk, and cream. It may contain any of the following optional ingredients: fruit or fruit juices, eggs or egg products, harmless flavoring and coloring, safe and suitable stabilizers and emulsifiers, nut meats, and any sweetening agents approved by the Commissioner of Agriculture. The finished product contains not less than one and one-tenth percent nor more than one and nine-tenths percent by weight of milk fat and not less than twelve percent by weight of milk solids-non-fat. The product contains not less than one and eight-tenths pounds of food solids a gallon and weighs not less than six pounds a gallon. (12) "Mellorine" means the food produced by the freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only a part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener, may contain harmless flavoring and coloring, suitable stabilizers and emulsifiers, and may contain fruit or fruit juices, and nut meats. The finished product contains not less than six percent fat and not less than eight percent by weight of milk solids-non-fat. The finished product contains not less than one and six-tenths pounds of total solids a gallon and weighs not less than four and one-half pounds a gallon. Vitamin A is present in the finished mellorine at the rate of forty international units a gram of fat within limits of good manufacturing practice. (13) "Frozen yogurt" or "low fat frozen yogurt" means the pure, clean, frozen food product consisting of two or more of the following ingredients: milk products, nutritive carbohydrate sweetener, water, safe and suitable stabilizers and emulsifiers, harmless flavoring and coloring, fruits or fruit juices, and nut meats. The finished product contains not less than one and five-tenths percent milk fat and weighs not less than four and one-quarter pounds a gallon.
S.C. Code Ann. § 39-53-50 — SC Code / Title 39 / Chapter 53 / Section 39-53-50
SECTION 39-53-50. Certain information is submitted by vendors of blind-made products; removal of inferior merchandise from sale.
Status: in_force

Each applicant shall submit at the time of initial application, and at least annually thereafter, or whenever required by the Commission, a list and description itemizing each finished product including the sale price, and source of production, which he intends to sell as a "blind-made product." The Commission may request the vendor to submit individual items or the manufacturing site for examination. The Commission may also require a registered vendor to remove inferior merchandise from sale to the public. Failure to comply with such a requirement will result in suspension of the permit.
S.C. Code Ann. § 39-15-1125 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1125
SECTION 39-15-1125. Certificate of registration; issuance; admissibility as evidence.
Status: in_force

(A) Upon compliance by the applicant with the requirements of this article, the secretary shall issue a certificate of registration to the applicant under the signature of the secretary and the seal of the State. The certificate shall show the name and business address and if a corporation, the state of incorporation or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere, the date claimed for the first use of the mark in this State, the class of goods or services, a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date, and the term of the registration. (B) A certificate of registration issued by the secretary under this section or a copy of a certificate certified by the secretary is admissible in evidence as competent and sufficient proof of the registration of the mark in an action or judicial proceeding in any court of this State.
S.C. Code Ann. § 39-9-70 — SC Code / Title 39 / Chapter 9 / Section 39-9-70
SECTION 39-9-70. Duties of Commissioner of Agriculture.
Status: in_force

The Commissioner of Agriculture shall: (1) maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology; (2) enforce this chapter; (3) issue reasonable regulations for the enforcement of this chapter which have the force of law; (4) establish standards of weight, measure, or count, reasonable standards of fill, and standards for the presentation of unit cost information for a packaged commodity, as necessary; (5) grant exemptions from this chapter or regulations promulgated pursuant to it when appropriate to the maintenance of good commercial practices within the State; (6) conduct investigations necessary to ensure compliance with this chapter; (7) delegate to appropriate personnel any of these responsibilities necessary for the proper administration of his office; (8) test annually the standards of weight and measure used by a municipality or county within the State and approve them when found to be correct; (9) inspect and test weights and measures kept, offered, or exposed for sale; (10) inspect and test to ascertain if they are correct weights and measures commercially used in: (a) determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count; or (b) computing the basic charge or payment for services rendered on the basis of weight, measure, or count; (11) test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which funds are appropriated by the General Assembly; (12) approve for use and may mark weights and measures found to be correct and shall reject and mark as rejected weights and measures found to be incorrect. Rejected weights and measures may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The commissioner shall condemn and may seize weights and measures found to be incorrect that are not capable of being made correct; (13) weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process of delivery to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this chapter or regulations promulgated pursuant to it. In carrying out this section, the commissioner shall employ recognized sampling procedures designated in the National Institute of Standards and Technology Handbook 133, "Checking the Net Contents of Packaged Goods". (14) prescribe by regulation the appropriate term or unit of weight or measure to be used whenever the commissioner determines an existing practice of declaring the quantity of a commodity or setting charges for a service by weight, measure, numerical count, time, or combination, of them does not facilitate value comparisons by consumers or offers an opportunity for consumer confusion; (15) allow reasonable variations from the stated quantity of contents which must include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce; (16) provide for the training of weights and measures personnel and also may establish minimum training and performance requirements which must be met by all weights and measures county, municipal, or state personnel. The commissioner may adopt the training standards of the National Conference on Weights and Measures National Training Program. Effect of Amendment The 1994 amendment substituted "Commissioner of Agriculture" for "Commissioner", in paragraph (1) substituted "national standards in the possession of the National Institute of Standards and Technology" for "National Bureau of Standards", in paragraph (8) substituted " a municipality" for "any city"; in paragraph (10) deleted the provision regarding testing of representatives of samples; in paragraph (13) substituted "National Institute of Standards and Technology Handbook 133, 'Checking the Net Contents of Packaged Goods'" for "National Bureau of Standards Handbook 67, 'Checking Prepackaged Commodities'"; added paragraphs (15) and (16), and made grammatical changes throughout.
S.C. Code Ann. § 39-5-120 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-120
SECTION 39-5-120. Dissolution, suspension, or forfeiture.
Status: in_force

Upon petition by the Attorney General, the court of common pleas may, for good cause shown, order the dissolution or suspension or forfeiture of any franchise or charter of any corporation which violates the terms of any injunction issued under Section 39-5-50.
S.C. Code Ann. § 39-29-50 — SC Code / Title 39 / Chapter 29 / Section 39-29-50
SECTION 39-29-50. Exemptions; requirements for sale of corn meal and corn grits in packages of ten pounds or less; penalties.
Status: in_force

(A) This chapter does not apply to the delivery by a miller to a corn producer of cornmeal or corn grits ground by the miller from the producer's corn for use in the producer's own home when the miller is paid in corn for the milling service. However, if the producer desires the health benefits for his family and requests enrichment, the miller shall enrich according to the standards required under this chapter. (B)(1) Cornmeal and corn grits made from clean corn may be sold in packages of ten pounds or less provided the following requirements are met: (a) The cornmeal or corn grits are ground from whole corn without removal of the germ. (b) The package contains additional labeling contiguous to the product name "unenriched cornmeal ground from whole corn". This printing must be at least the print size and prominence of the required weight declaration. (c) No advertisements or claims of nutritional or health benefits for unenriched cornmeal are allowed. (2) Violations of this subsection are subject to the penalties contained in Section 39-29-100. Effect of Amendment The 1987 amendment deleted provision providing exemption for sale of corn meal and corn grits if purchaser has certificate from Commissioner, added provision providing requirements for sale of corn meal in packages of ten pounds or less and penalties for violation of requirements, and made grammatical changes to section. The 1990 amendment, in subsection (B)(1), inserted references to "corn grits".
S.C. Code Ann. § 39-9-210 — SC Code / Title 39 / Chapter 9 / Section 39-9-210
SECTION 39-9-210. Restraining orders, temporary or permanent injunctions.
Status: in_force

The Commissioner of Agriculture may apply to a court of competent jurisdiction for a restraining order or temporary or permanent injunction restraining a person from violating this chapter. Effect of Amendment The 1994 amendment substituted "Commissioner of Agriculture may" for "Commissioner is authorized to" and added "restraining order or " before "temporary".
S.C. Code Ann. § 39-3-20 — SC Code / Title 39 / Chapter 3 / Article 1 / Section 39-3-20
SECTION 39-3-20. Penalties for corporate violations of Section 39-3-10.
Status: in_force

Whenever complaint is made upon sufficient affidavit showing a prima facie case of violation of the provisions of Section 39-3-10 by any corporation, domestic or foreign, the Attorney General shall begin an action against such domestic corporation to forfeit its charter and for the purpose of such forfeiture he shall apply to any court of competent jurisdiction for an order restraining such offending corporation and, when in his discretion it is necessary, for the immediate appointment of a receiver for such offending corporation when such forfeiture affects a creditor of such offending company. If such violation shall be established the court shall adjudge the charter of such corporation to be forfeited and such corporation shall be dissolved and its charter shall cease and determine. In the case of such showing as to a foreign corporation an action shall be begun by the Attorney General in such court against such corporation to determine the truth of such charge and in case such charge shall be considered established the effect of the judgment of the court shall be to deny to such corporation the recognition of its corporate existence in any court of law or equity in this State. But nothing in this section shall be construed to affect any right of action then existing against such corporation.
S.C. Code Ann. § 39-11-150 — SC Code / Title 39 / Chapter 11 / Section 39-11-150
SECTION 39-11-150. Reweighing commodity of disputed weight or measure for certificate previously issued by weighmaster.
Status: in_force

When doubt or differences arise as to the correctness of the net or gross weight or measure of any amount or part of any commodity for which a State certificate of weights and measures has been issued by a public weighmaster, the owner, agent, or consignee may, upon complaint to the Commissioner of Agriculture, have the amount or part thereof reweighed by the Department of Agriculture or a public weighmaster designated by it, upon depositing a sufficient sum of money to defray the actual cost of reweighing with the Commissioner of Agriculture or his representative. If, on reweighing, a difference from the original certified weight is discovered as the result of fraud, carelessness, or faulty apparatus, the cost of reweighing shall be borne by the public weighmaster responsible for the issuance of the erroneous certificate.
S.C. Code Ann. § 39-75-130 — SC Code / Title 39 / Chapter 75 / Article 3 / Section 39-75-130
SECTION 39-75-130. Manifests; audits; electronic submission.
Status: in_force

(A) The department shall develop and implement a system for auditing manifests submitted to the department pursuant to this article, for the purpose of enforcing this article. The department shall continuously conduct random sampling and matching of manifests submitted by any person generating waste, hauling waste, or operating waste tire facilities, to assure compliance with this section. (B)(1) The department may require any waste tire generator, waste tire hauler, or operator of a waste tire facility who is subject to the manifest requirements of this section to record, maintain, and submit the required manifest information in an electronic format, in lieu of maintaining and submitting a paper copy of the manifest. (2) A waste tire generator, waste tire hauler, or operator of a waste tire facility who is subject to this article may submit the electronic manifest reports to the department on a schedule determined by the department.
S.C. Code Ann. § 39-61-80 — SC Code / Title 39 / Chapter 61 / Section 39-61-80
SECTION 39-61-80. Certificates of authority permanent unless suspended or revoked; renewal requirements.
Status: in_force

Certificates of authority issued hereunder are permanent unless revoked or suspended as provided in this chapter. No certificate of authority may be renewed by the Administrator until the club has: (a) Paid an annual certificate of authority renewal fee of five hundred dollars by October thirty-first. (b) Filed a copy of its most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the club or, in the event the applicant is not a corporation, other persons as the Administrator may require.
S.C. Code Ann. § 39-53-150 — SC Code / Title 39 / Chapter 53 / Section 39-53-150
SECTION 39-53-150. Suspension of license.
Status: in_force

Upon receipt of evidence indicating noncompliance with the requirements of this chapter, the Commission may suspend the vendor's registration and license. A hearing on the suspension shall be held within ten days after official notice and decision shall be rendered within twenty days after the hearing. During the period of suspension the vendor shall desist from further sales of blind-made products.
S.C. Code Ann. § 39-15-1165 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1165
SECTION 39-15-1165. Famous mark; factors used in determining; injunctive or other relief against use by another.
Status: in_force

(A) The owner of a mark which is famous in this State is entitled, subject to the principles of equity, to an injunction against another's use of a mark commencing after the registrant's mark becomes famous which causes dilution of the distinctive quality of the registrant's mark and to obtain other relief as is provided in this section. In determining whether a mark is famous, a court may consider, but is not limited to considering, these factors: (1) the degree of inherent or acquired distinctiveness of the mark in this State; (2) the duration and extent of use of the mark in connection with the goods and services; (3) the duration and extent of advertising and publicity of the mark in this State; (4) the geographical extent of the trading area in which the mark is used; (5) the channels of trade for the goods or services with which the registrant's mark is used; (6) the degree of recognition of the registrant's mark in its and in the other's trading areas and channels of trade in this State; and (7) the nature and extent of use of the same or similar mark by third parties. (B) The registrant is entitled only to injunctive relief in this State in an action brought under this section unless the subsequent user wilfully intended to trade on the registrant's reputation or to cause dilution of the owner's mark. If wilful intent is proven, the owner is entitled to the remedies set forth in this article, subject to the discretion of the court and the principles of equity.
S.C. Code Ann. § 39-35-90 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-90
SECTION 39-35-90. Article is inapplicable to oleomargarine.
Status: in_force

This article shall not be construed to include within its provisions the food products known as "oleomargarine" or "margarine."
S.C. Code Ann. § 39-25-30 — SC Code / Title 39 / Chapter 25 / Section 39-25-30
SECTION 39-25-30. Prohibited acts.
Status: in_force

The following acts within the State of South Carolina are prohibited: (1) the manufacture, sale, or delivery, holding, or offering for sale of any food or cosmetic that is adulterated or misbranded; (2) the adulteration or misbranding of any food or cosmetic; (3) the receipt in commerce of any food or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery of it for pay or otherwise; (4) the distribution in commerce of a consumer commodity, as defined in this chapter, if the commodity is contained in package, or if there is affixed to that commodity a label, that does not conform to the provisions of this chapter and of regulations promulgated under authority of this chapter; provided, however, that this prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that persons engaged in packaging or labeling of the commodities or prescribe or specify by any means the manner in which such commodities are packaged or labeled; (5) the dissemination of any false advertisement regarding any food or cosmetic; (6) the refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record as authorized by Section 39-25-190; (7) the giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom he received in good faith the food or cosmetic; (8) the removal or disposal of a detained or embargoed article in violation of Section 39-25-60; (9) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food or cosmetic if the act is done while the article is held for sale and results in the article being adulterated or misbranded; (10) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated pursuant to the provisions of this chapter or of the federal act; (11) the using by any person to his own advantage, or revealing, other than to the commissioner or his authorized representative or to the courts when relevant in any judicial proceeding pursuant to this chapter of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection; and (12) operating without registering pursuant to Section 46-3-20. Effect of Amendment The 2010 amendment redesignated subsections (a) through (k) as subsections (1) through (11); added subsection (12) relating to operating without registering; and made other nonsubstantive changes.
S.C. Code Ann. § 39-15-450 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-450
SECTION 39-15-450. Effect of use of brand or mark.
Status: in_force

The presence of such identifying mark or brand on any field box, crate, container or receptacle, whenever a copy or description thereof shall have been filed and recorded in the office of the Secretary of State as provided in Section 39-15-420, shall, in any court and in any proceedings in this State, be prima facie evidence of the ownership of such boxes, crates, containers or receptacles by the person in whose name such mark or brand may have been recorded, provided that such mark or brand shall bear the registered number provided for in Section 39-15-420.
S.C. Code Ann. § 39-6-150 — SC Code / Title 39 / Chapter 6 / Section 39-6-150
SECTION 39-6-150. Time for bringing actions.
Status: in_force

Actions rising out of this chapter must be commenced within three years after the cause of action accrues, except that if a liable person conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the entitled person is excluded in determining the time limited for the commencement of the action. If a cause of action accrues against a person during the pendency against him of any civil, criminal, or administrative proceeding brought by the United States, or any of its agencies, pursuant to the antitrust laws, the Federal Trade Commission Act, or other federal act, or the laws of this State related to antitrust laws or to franchising, actions brought pursuant to this chapter may be commenced within one year after the final disposition of the civil, criminal, or administrative proceeding.
S.C. Code Ann. § 39-37-120 — SC Code / Title 39 / Chapter 37 / Section 39-37-120
SECTION 39-37-120. Enforcement; promulgation of rules and regulations.
Status: in_force

The Department of Agriculture shall enforce the provisions of this chapter and shall from time to time, after inquiry and public hearing, adopt and promulgate rules and regulations to supplement and give full effect to the provisions of this chapter. The Department of Agriculture shall establish and enforce sanitary regulations pertaining to the manufacture and distribution of frozen desserts, including the sanitary condition of (a) buildings, ground, and equipment where frozen desserts are manufactured, (b) persons in direct physical contact with frozen desserts during manufacture, (c) containers in which frozen desserts are held or shipped and (d) premises, buildings, surroundings, and equipment where frozen desserts are sold. Such rules and regulations shall be filed and open for public inspection at the principal office of the department and shall have the force of law. Effect of Amendment 2023 Act No. 60, SECTION 11, in the second sentence, substituted "Department of Agriculture" for "Department of Health and Environmental Control", and made nonsubstantive changes.
S.C. Code Ann. § 39-37-60 — SC Code / Title 39 / Chapter 37 / Section 39-37-60
SECTION 39-37-60. Addition of artificial coloring, vitamins, minerals and sweeteners to dietary frozen desserts; labeling and packaging requirements.
Status: in_force

When artificial coloring is used in dietary frozen dessert directly or as a component of any other ingredient, the label shall bear the statement "artificially colored," "artificial color added" or "__________, and artificial color added," the blank being filled in with the common or usual name of the artificial color, or in lieu thereof, in case the artificial color is a component of another ingredient, "__________, artificially colored." If both artificial color and artificial flavoring are used, the label statements may be combined. One or more vitamins or minerals, approved by the Commissioner of Agriculture, which are required in human nutrition may be added to the product. If any of such vitamins or minerals which are added are those for which recommended daily dietary allowances have been established by the Food and Nutrition Board of the National Research Council, National Academy of Sciences, then each four fluid ounce serving of finished dessert shall provide no less than eight percent nor more than twenty percent of the recommended daily dietary allowances for adults for such vitamins or minerals. If vitamins or minerals are added to the product, the name of the food shall be immediately preceded or followed with the word "fortified" in type of the same style and at least one half the size of the type used for the name "dietary frozen dessert" and on the same contrasting background. If nonnutritive and nutritive sweeteners are used, the statement "contains nutritive and nonnutritive sweeteners" shall immediately follow the name of the product. The label on each package of dietary frozen dessert shall include a complete list of ingredients in descending order of predominance. Dietary frozen dessert may only be sold in a properly labeled factory-filled container except that it may be sold directly from a dispensing freezer. When dietary frozen dessert is sold directly from a dispensing freezer, it shall be sold in a container labeled as required above and a sign on a white card with letters not less than four inches in height and two inches in width containing the words "Dietary Frozen Dessert Sold Here" shall be posted in a conspicuous place contiguous to the dispensing freezer. Low fat frozen dessert, low fat frozen dairy dessert, mellorine, frozen yogurt, and low fat frozen yogurt, when served from a bulk container or from a soft-serve type dispenser for individual servings, must be placed in labeled containers. In lieu of the labeled container, a conspicuous sign approved by the South Carolina Department of Agriculture, easily visible to the public, must be displayed stating the frozen dessert that is to be served. Printed menus, menu boards, and advertising signs, when stating a frozen dessert, must correctly state the specific frozen dessert that is offered for sale so as not to mislead the consumer.
S.C. Code Ann. § 39-61-150 — SC Code / Title 39 / Chapter 61 / Section 39-61-150
SECTION 39-61-150. Services subject exclusively to this chapter.
Status: in_force

The offering of motor club services is subject solely and exclusively to the provisions of this chapter and the offering of services by any authorized club is not considered transacting business as an insurance company, association, or exchange, except as otherwise provided herein.
S.C. Code Ann. § 39-5-820 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-820
SECTION 39-5-820. Definitions.
Status: in_force

As used in this article, unless the context clearly requires otherwise, the term: (1) "Consumer" means a natural person residing in the State of South Carolina. A provider may use the mailing address provided by a consumer to determine such consumer's state of residence for purposes of this article. (2) "Consumer-directed wage access services" means offering or providing earned wage access services directly to consumers based on the consumer's representations and the provider's reasonable determination of the consumer's earned but unpaid income. (3) "Earned but unpaid income" means salary, wages, compensation, or other income that a consumer or an employer has represented, and that a provider has reasonably determined, have been earned or have accrued to the benefit of the consumer in exchange for the consumer's provision of services to the employer or on behalf of the employer, including on an hourly, project-based, piecework, or other basis and including where the consumer is acting as an independent contractor of the employer, but have not, at the time of the payment of proceeds, been paid to the consumer by the employer. (4) "Earned wage access services" means the business of providing consumer-directed wage access services or employer-integrated wage access services, or both. (5)(a) "Employer" means: (i) a person who employs a consumer; or (ii) any other person who is contractually obligated to pay a consumer earned but unpaid income in exchange for consumer's provision of services to the employer or on behalf of the employer including on an hourly, project-based, piecework, or other basis and including where the consumer is acting as an independent contractor with respect to the employer. (b) The term "employer" does not include: (i) a customer of the employer; or (ii) any other person whose obligation to make a payment of salary, wages, compensation, or other income to a consumer is not based on the provision of services by that consumer for or on behalf of such person. (6) "Employer-integrated wage access services" means the business of delivering to consumers access to earned but unpaid income that is based on employment, income, and attendance data obtained directly or indirectly from an employer. (7) "Fee" shall include a: (a) fee imposed by a provider for delivery or expedited delivery of proceeds to a consumer; or (b) subscription or membership fee imposed by a provider for a bona fide group of services that include earned wage access services. A voluntary tip, gratuity, or other donation shall not be deemed to be a fee. (8) "Outstanding proceeds" means proceeds remitted to a consumer by a provider that have not yet been repaid to that provider. (9) "Person" means a partnership, association, corporation, or other business unit. (10) "Proceeds" means a payment to a consumer by a provider that is based on earned but unpaid income. (11) "Provider" means a person who is in the business of providing earned wage access services to consumers. (12) "Department" means the South Carolina Department of Consumer Affairs.
S.C. Code Ann. § 39-22-170 — SC Code / Title 39 / Chapter 22 / Section 39-22-170
SECTION 39-22-170. State's liability limited.
Status: in_force

The extent of the state's liability is limited to the amount of monies available through the guaranty fund and, therefore, no debt or other liability may be created against the State by reason of the licensing of a warehouse under this chapter except as provided by this chapter.
S.C. Code Ann. § 39-8-80 — SC Code / Title 39 / Chapter 8 / Section 39-8-80
SECTION 39-8-80. Bad faith; award of attorney's fees.
Status: in_force

If (1) a claim of misappropriation is made in bad faith, (2) a motion to terminate an injunction is made or resisted in bad faith, or (3) wilful misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
S.C. Code Ann. § 39-63-20 — SC Code / Title 39 / Chapter 63 / Section 39-63-20
SECTION 39-63-20. Identification in advertisements of textile products as made in United States or imported.
Status: in_force

(A) A person who advertises a textile fiber product for sale in a printed advertisement distributed in this State which identifies the product by picture or description shall state in the advertisement in a clear and conspicuous manner whether the textile fiber product was processed or manufactured in the United States of America, imported, or both. (B) This section does not apply to advertisements in interstate commerce regulated by the Textile Fiber Products Identification Act, 15 U.S.C., Sections 70 et seq.
S.C. Code Ann. § 39-69-60 — SC Code / Title 39 / Chapter 69 / Section 39-69-60
SECTION 39-69-60. Enforcement of chapter; regulations.
Status: in_force

The Department of Labor, Licensing and Regulation shall enforce the provisions of this chapter and promulgate regulations necessary and appropriate for this purpose.
S.C. Code Ann. § 39-41-290 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-290
SECTION 39-41-290. Dispensing gasoline to disabled persons at self service gas stations.
Status: in_force

(A) An owner or operator shall conduct the operations of a motor vehicle fuel service station so that the holder of a placard or disabled person's license plate provided for in Section 56-3-1960 shall have, upon request, gasoline or other motor vehicle fuel dispensed by an employee of the station at the self-service pump and be allowed to purchase the gasoline or other fuel at the price otherwise charged for gasoline or other fuel purchased on a self-service basis if the holder of the placard or license plate is driving the motor vehicle into which the gasoline is to be dispensed. (B) This section applies to an owner or operator of a station which sells gasoline or other fuel at one price when an employee of the station dispenses the gasoline or other fuel into a motor vehicle and at a lower price when the customer dispenses the gasoline or other fuel on a self-service basis. (C) This section does not apply to any motor vehicle fuel station, convenience store, or other facility that offers gasoline or other fuel for sale to the public solely by means of remotely controlled pumps operated by a cashier and does not offer refueling service or to any such facility during those business hours when the facility does not offer refueling service to the public as a continuing business practice. (D) An owner or operator who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or imprisoned for a period not to exceed thirty days.
S.C. Code Ann. § 39-6-140 — SC Code / Title 39 / Chapter 6 / Section 39-6-140
SECTION 39-6-140. Actions for damages.
Status: in_force

A person who is injured in his business or property by reason of a violation of this chapter may sue in the court of common pleas and may recover only the actual damages sustained by him and the cost of suit, including a reasonable attorney's fee.
S.C. Code Ann. § 39-9-20 — SC Code / Title 39 / Chapter 9 / Section 39-9-20
SECTION 39-9-20. Definitions.
Status: in_force

When used in this chapter: (1) "Weights or measures", or both, means all weights and measures of every kind, instruments, and devices for weighing and measuring and an appliance and accessories associated with the instruments and devices. (2) "Weight" as used in connection with a commodity or service means net weight. It means net drained weight when a commodity is sold by drained weight. (3) "Correct" as used in connection with weights and measures means conformance to all applicable requirements of this chapter. (4) "Primary standards" means the physical standards of South Carolina which serve as the legal reference from which all other standards and weights and measures are derived. (5) "Secondary standards" means the physical standards traceable to the primary standards through comparisons using acceptable laboratory procedures and used in the enforcement of weights and measures law and regulations. (6) "Commissioner" means the Commissioner of Agriculture of South Carolina. (7) "Person" means both plural and singular, as applicable, and includes individuals, partnerships, corporations, companies, societies, and associations. (8) "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale. (9)(a) Except as modified by application of the uniform packaging and labeling regulation, "package", standard or random, means a commodity: (i) enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or (ii) whose weight or measure has been determined in advance of wholesale or retail sale. (b) An individual item or lot of a commodity on which there is marked a selling price based on an established price for each unit of weight or measure is considered a package. (10) "Net weight" means the weight of a commodity excluding materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons, except, depending on the type of service rendered, packaging materials may be considered to be part of the service. The service of shipping includes the weight of packaging materials. (11) "Random weight" package means a package that is one of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights. (12) "Standard weight" package means a package that is one of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations. Effect of Amendment The 1994 amendment revised definitions and references to conform to federal law and added paragraphs (8)-(12).
S.C. Code Ann. § 39-8-10 — SC Code / Title 39 / Chapter 8 / Section 39-8-10
SECTION 39-8-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Trade Secrets Act". Effect of Amendment The 1997 amendment rewrote this section.
S.C. Code Ann. § 39-15-470 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-470
SECTION 39-15-470. Purchase or receipt of containers marked or branded from other than registered owner.
Status: in_force

It is unlawful for a person to receive or purchase a field box, crate, container, or receptacle marked or branded with a registered mark or brand as provided in this article from a person other than the registered owner or his duly authorized agent. Proof of such receipt or purchase is prima facie evidence that the person received or purchased the item with knowledge that it was stolen or embezzled property. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both. Effect of Amendment The 1993 amendment rewrote this section so as to change the maximum term of imprisonment to conform to the classification established for each offense.
S.C. Code Ann. § 39-22-120 — SC Code / Title 39 / Chapter 22 / Section 39-22-120
SECTION 39-22-120. Warehouse insurance requirements.
Status: in_force

Each licensed warehouseman shall insure and keep insured against loss or damage by fire, theft, burglary, and other hazards which are commonly insured against, under "extended coverage" provisions, for its full value, all cotton and other products on storage unless requested by the depositor in writing not to insure the cotton or other products and in that instance when the cotton or other products are not insured a statement to that effect must be plainly and conspicuously inserted on the face of the receipt. In case of loss, the warehouseman shall collect the insurance due and pay it ratably to those lawfully entitled to payment. The warehouseman may accept contracts for the storage of cotton submitted by the Commodity Credit Corporation and other United States governmental agencies without being required to carry insurance on the cotton. As a condition of license, each warehouseman shall maintain on file with the department a current certificate of insurance setting forth the policy number, the agent and underwriter, the provisions and limits of coverage, and the date the policy expires.
S.C. Code Ann. § 39-3-510 — SC Code / Title 39 / Chapter 3 / Article 7 / Section 39-3-510
SECTION 39-3-510. Repeal of common-law rights in phonograph records after sale.
Status: repealed

When any phonograph record or electrical transcription, upon which musical performances are embodied, is sold in commerce for use within this State, all asserted common-law rights further to restrict or collect royalties on the commercial use made of any such recorded performances by any person are abrogated and expressly repealed. When such article or chattel has been sold in commerce any asserted intangible rights shall be deemed to have passed to the purchaser upon the purchase of the chattel itself and the right to further restrict the use made of phonograph records or electrical transcriptions, whose sole value is in their use, is forbidden and abrogated. Nothing in this section shall be deemed to deny the rights granted any person by the United States copyright laws. The sole intendment of this section is to abolish any common-law rights attaching to phonograph records and electrical transcriptions, whose sole value is in their use, and to forbid further restrictions or the collection of subsequent fees and royalties on phonograph records and electrical transcriptions by performers who were paid for the initial performance at the recording thereof.
S.C. Code Ann. § 39-37-130 — SC Code / Title 39 / Chapter 37 / Section 39-37-130
SECTION 39-37-130. Penalties; disposition of fines and penalties.
Status: in_force

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, must be fined not less than two hundred dollars nor more than five hundred dollars. All fines and penalties imposed and recovered for the violation of any of the provisions of this chapter must be paid to the Department of Agriculture then paid by the Department into the State Treasury.
S.C. Code Ann. § 39-26-160 — SC Code / Title 39 / Chapter 26 / Section 39-26-160
SECTION 39-26-160. Repeal of chapter if federal funds not awarded or exhausted.
Status: repealed

For the repeal of this section, see Sections 39-26-140 and 39-26-160. This chapter is repealed if the federal government declines to award funds to the State of South Carolina to implement the provisions of federal law embodied in this chapter or the federal funds awarded are exhausted, as determined by the Commissioner, whichever is later.
S.C. Code Ann. § 39-9-50 — SC Code / Title 39 / Chapter 9 / Section 39-9-50
SECTION 39-9-50. State's primary standards; verification of secondary standards.
Status: in_force

Weights and measures traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, are the state's primary standards of weights and measures and must be maintained in a calibration prescribed by the institute. All secondary standards may be prescribed by the Commissioner of Agriculture and must be verified upon their initial receipt and as often as considered necessary by the commissioner. Effect of Amendment The 1994 amendment substituted "National Institute of Standards and Technology" for "National Bureau of Standards"; substituted "may be prescribed by the Commissioner of Agriculture and must" for "used in the enforcement of this chapter shall" and made grammatical changes.
S.C. Code Ann. § 39-35-250 — SC Code / Title 39 / Chapter 35 / Article 3 / Section 39-35-250
SECTION 39-35-250. Penalties.
Status: in_force

Any person found by a court of competent jurisdiction to be guilty of violating the terms of this article shall be punishable by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days for each and every offense.
S.C. Code Ann. § 39-25-130 — SC Code / Title 39 / Chapter 25 / Section 39-25-130
SECTION 39-25-130. Unsafe additives; authority of Commissioner to prescribe tolerances.
Status: in_force

(a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of clause (2) of Section 39-25-100(a) with respect to any food, or Section 39-25-140(a) with respect to any cosmetic, unless there is in effect a regulation pursuant to Section 39-25-160 or subsection (b) of this section limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such regulation. While such regulations relating to such substance are in effect, a food or cosmetic shall not, by reason of bearing or containing such substance in accordance with the regulations, be considered adulterated within the meaning of clause (1), Section 39-25-100(a) or Section 39-25-140(a). (b) The Commissioner, whenever public health or other considerations in the State so require, is authorized to adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the Federal act, prescribing therein tolerances for any added poisonous or deleterious substances, for food additives, for pesticide chemicals in or on raw agricultural commodities, or for color additives, including, but not limited to, zero tolerances, and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities, and prescribing the conditions under which a food additive or a color additive may be safely used and exemptions where such food additive or color additive is to be used solely for investigational or experimental purposes, upon his own motion or upon the petition of any interested party requesting that such a regulation be established. It shall be incumbent upon such petitioner to establish by data submitted to the Commissioner that a necessity exists for such regulation, and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the Commissioner to form an opinion, he may require additional data to be submitted and failure to comply with the request shall be sufficient grounds to deny the request. In adopting, amending, or repealing regulations relating to such substances the Commissioner shall consider among other relevant factors, the following which the petitioner, if any, shall furnish: (1) The name and all pertinent information concerning such substance including where available, its chemical identity and composition, a statement of the conditions of the proposed use, including directions, recommendations and suggestions and including specimens of proposed labeling, all relevant data bearing on the physical or other technical effect and the quantity required to produce such effect. (2) The probable composition of any substance formed in or on a food, or cosmetic resulting from the use of such substance. (3) The probable consumption of such substance in the diet of man and animals taking into account any chemically or pharmacologically related substance in such diet. (4) Safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data. (5) The availability of any needed practicable methods of analysis for determining the identity and quantity of (i) such substance in or on an article, (ii) any substance formed in or on such article because of the use of such substance, and (iii) the pure substance and all intermediates and impurities. (6) Facts supporting a contention that the proposed use of such substance will serve a useful purpose.
S.C. Code Ann. § 39-23-55 — SC Code / Title 39 / Chapter 23 / Section 39-23-55
SECTION 39-23-55. Labeling of prescription or nonprescription drug samples.
Status: in_force

(A) For purposes of this section, "sample" means a unit of a drug which is not intended by the manufacturer to be sold and which is intended to promote the sale of the drug. (B) The department may not require the labeling of a prescription or nonprescription drug sample for which a physician does not require a federal or state controlled substance license to dispense, when the physician dispenses it to a patient for no charge. If the sample is not in the manufacturer's original package, the physician shall label it meeting all requirements of nonsample prescription medication. If adequate directions for usage are not provided on the manufacturer's package, the physician shall give adequate written directions. (C) The labeling exemption established in this section does not apply when more than one hundred twenty dosage units or a thirty-day supply of a drug in solid form or eight ounces of a drug in liquid form is dispensed.
S.C. Code Ann. § 39-59-70 — SC Code / Title 39 / Chapter 59 / Section 39-59-70
SECTION 39-59-70. Repurchase of inventory upon death or incapacity of retailer.
Status: in_force

In the event of the death or incapacity of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor shall repurchase, at the option of the heir or retailer, as defined in item (3) of Section 39-59-10, the inventory from the heir or retailer, of the retailer or majority stockholder as if the wholesaler, manufacturer, or distributor had terminated the contract. The heir or retailer has one year from the date of the death of the retailer or majority stockholder to exercise his option under this chapter. Nothing in this chapter requires the repurchase of any inventory if the heir or retailer and wholesaler, manufacturer, or distributor enter into a new contract to operate the retail dealership.
S.C. Code Ann. § 39-73-30 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-30
SECTION 39-73-30. Purchasers or sellers as to whom prohibition not applicable.
Status: in_force

(A) The prohibitions in Section 39-73-20 do not apply to transactions offered by and in which any of the following persons, or an employee, an officer, or a director of them acting solely in that capacity, is the purchaser or seller: (1) a person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration; (2) a person registered with the Securities and Exchange Commission as a broker-dealer whose activities require registration; (3) a person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in item (1) or (2); (4) a person who is a member of a contract market designated by the Commodity Futures Trading Commission, or clearinghouse of it; (5) a financial institution; (6) a person registered under the laws of this State as a securities broker-dealer whose activities require registration. (B) The exemptions in this section do not apply to a transaction or an activity prohibited by the Commodity Exchange Act or a CFTC Rule.
S.C. Code Ann. § 39-17-40 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-40
SECTION 39-17-40. Promulgation of rules and regulations.
Status: in_force

The division of markets may make and promulgate such rules and regulations as may be necessary to carry out the provisions of this article. Such rules and regulations shall be made to conform as nearly as practicable to the rules and regulations of the Secretary of Agriculture of the United States prescribed under any act of Congress of the United States relating to the marketing of farm products.
S.C. Code Ann. § 39-26-30 — SC Code / Title 39 / Chapter 26 / Section 39-26-30
SECTION 39-26-30. Covered produce; definition; exemption.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) "Covered produce" includes all of the following: (1) fruits and vegetables such as almonds, apples, apricots, apriums, artichokes-globe-type, Asian pears, avocados, babacos, bananas, Belgian endive, blackberries, blueberries, boysenberries, brazil nuts, broad beans, broccoli, brussels sprouts, burdock, cabbages, Chinese cabbages (bok choy, mustard, and Napa), cantaloupes, carambolas, carrots, cauliflower, celeriac, celery, chayote fruit, cherries (sweet), chestnuts, chicory (roots and tops), citrus (such as clementine, grapefruit, lemons, limes, mandarin, oranges, tangerines, tangors, and uniq fruit), cowpea beans, cress-garden, cucumbers, curly endive, currants, dandelion leaves, fennel-Florence, garlic, genip, gooseberries, grapes, green beans, guavas, herbs (such as basil, chives, cilantro, oregano, and parsley), honeydew, huckleberries, Jerusalem artichokes, kale, kiwifruit, kohlrabi, kumquats, leek, lettuce, lychees, macadamia nuts, mangos, other melons (such as Canary, Crenshaw, and Persian), mulberries, mushrooms, mustard greens, nectarines, onions, papayas, parsnips, passion fruit, peaches, pears, peas, peas-pigeon, peppers (such as bell and hot), pine nuts, pineapples, plantains, plums, plumcots, quince, radishes, raspberries, rhubarb, rutabagas, scallions, shallots, snow peas, soursop, spinach, sprout (such as alfalfa and mung bean), strawberries, summer squash (such as patty pan, yellow and zucchini), sweetsop, Swiss chard, taro, tomatoes, turmeric, turnips (roots and tops), walnuts, watercress, watermelons, and yams; and (2) a mix of intact fruits and vegetables, such as a fruit basket. (B) "Covered produce" does not include: (1) produce that is rarely consumed raw, specifically the produce on the following exhaustive list: asparagus, black beans, great Northern beans, kidney beans, lima beans, navy beans, pinto beans, beets, garden beets (roots and tops), sugar beets, cashews, sour cherries, chickpeas, cocoa beans, coffee beans, collards, sweet corn, cranberries, dates, dill (seeds and weed), eggplants, figs, ginger, hazelnuts, horseradish, lentils, okra, peanuts, pecans, peppermint, potatoes, pumpkins, mature southern field peas (such as black-eyed peas, cowpeas, crowder peas, purple hull peas, sea island peas, silver peas, and speckled peas), winter squash, sweet potatoes, and water chestnuts; (2) produce that is produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management; or (3) produce that is not a raw agricultural commodity, as defined in 21 C.F.R. Section 112.3(c). (C) Produce is eligible for exemption from the requirements of this chapter under the following conditions: (1) the produce receives commercial processing that adequately reduces the presence of microorganisms of public health significance; (2) the covered farm discloses in documents accompanying the produce, in accordance with the practice of the trade, that the food is not processed to adequately reduce the presence of microorganisms of public health significance; (3) the covered farm complies with the requirements of 21 C.F.R. Section 112.2(b)(3); (4) the covered farm complies with the requirements of 21 C.F.R. Section 112.2(b)(4); (5) the requirements of 21 C.F.R. Section 112 Subpart A and Subpart Q apply to such produce; and (6) an entity that provides a written assurance under 21 C.F.R. Section 112.2(b)(3)(i) or (ii) acts consistently with the assurance and documents its actions taken to satisfy the written assurance.
S.C. Code Ann. § 39-26-130 — SC Code / Title 39 / Chapter 26 / Section 39-26-130
SECTION 39-26-130. Penalties for violations of chapter.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. A person who wilfully violates the provisions of this chapter is subject to a civil penalty of up to one thousand dollars for each violation as determined by the department. Any person wilfully violating this section also is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days. The criminal penalty does not apply for violations of state regulations.
S.C. Code Ann. § 39-37-70 — SC Code / Title 39 / Chapter 37 / Section 39-37-70
SECTION 39-37-70. Application for manufacturer of frozen desserts license.
Status: in_force

Every manufacturer of frozen desserts produced for sale shall, during the month of May in each year, file with the Department of Agriculture an application for a license upon a form prescribed by the Department. The application must show that the frozen desserts manufactured by the applicant are composed of pure and wholesome ingredients and are produced under sanitary conditions. The application shall also show the location of each plant at which frozen desserts are to be manufactured and the name of the brand or brands, if any, under which they are to be sold. The license period shall be for twelve months beginning June first.
S.C. Code Ann. § 39-33-1230 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1230
SECTION 39-33-1230. Issuance, term, and renewal of license of tester.
Status: in_force

The license shall be issued by the Commissioner of Agriculture upon receipt of a properly executed application form and upon the passing satisfactorily of an examination prescribed by the Commissioner and after having satisfactorily completed a special training course for tester conducted by the dairy department of Clemson University. The license shall be valid for the term of one year and shall be revoked by the Commissioner upon evidence that the licensee has failed to comply with the rules and regulations under which the license was granted. Unless revoked the license shall be renewed annually upon application from the licensee.
S.C. Code Ann. § 39-61-70 — SC Code / Title 39 / Chapter 61 / Section 39-61-70
SECTION 39-61-70. Application for, and issuance of, certificate of authority; fee.
Status: in_force

(a) No club may offer, issue, or renew a motor club service contract in this State without first obtaining from the Administrator a certificate of authority so to act. A certificate of authority must be issued by the Administrator to the club upon submission of items (1) through (6) of this subsection (a) in a form satisfactory to the Administrator. The applicant shall submit: (1) A formal application for the certificate in the form and detail the Administrator requires, executed under oath by its president and secretary or two other principal officers of the club or other persons the Administrator may require. (2) A certified copy of its charter or articles of incorporation and its bylaws, if any. (3) If a corporation, a certified copy of the certificate of authority or good standing certificate from the Secretary of State. (4) A copy of its most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the applicant or, in the event the applicant is not a corporation, other persons as the Administrator may require. (5) An explanation of its plan of doing business and copies of the following: (i) Its application for membership. (ii) The proposed membership certificate or identification card and any proposed addendum thereto. (iii) Any individual insurance policy or group certificate to be offered. (iv) Any service contract to be issued. (6) Any other relevant information requested by the Administrator. (b) No certificate of authority may be issued by the Administrator until the club has paid an initial certificate of authority fee of five hundred dollars.
S.C. Code Ann. § 39-6-100 — SC Code / Title 39 / Chapter 6 / Section 39-6-100
SECTION 39-6-100. Fulfilling warranty agreement; payment of dealer claims; withholding warranty reimbursement prohibited.
Status: in_force

(A) Each manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division must fulfill properly a warranty agreement and compensate adequately and fairly each of its equipment dealers for labor and parts. All claims made by equipment dealers pursuant to this section for the labor and parts and pursuant to Section 39-6-90 must be paid within thirty days following their approval. All claims must be approved or disapproved within thirty days after their receipt. The equipment dealer who submits a disapproved claim must be notified in writing of its disapproval within that period, and the notice must state the specific grounds for the disapproval. Special handling of claims required by the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, but not uniformly required of all dealers of that make, may be enforced only after thirty days' notice in writing of good and sufficient reason. (B) An audit for sales incentives, service incentives, rebates, or other forms of incentive compensation may include only the twelve-month period immediately following the date of the termination of the incentive compensation program. This limitation is not effective in the case of fraudulent claims. (C) It is unlawful to deny, delay payment for, or restrict a claim by a dealer for payment or reimbursement for warranty service or parts, incentives, hold-backs, or other amounts owed to the dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim that affects its validity, except that the manufacturer, distributor, distributor branch or division, factory branch or division, or wholesale branch or division may withhold payment as setoff against obligations otherwise owed by the dealer to the manufacturer, distributor, distributor branch or division, factory branch or division, or wholesale branch or division.
S.C. Code Ann. § 39-1-70 — SC Code / Title 39 / Chapter 1 / Section 39-1-70
SECTION 39-1-70. Regulations of Commissioner of Agriculture, labeling imitation food; registration.
Status: in_force

The Commissioner of Agriculture shall promulgate and issue such rules and regulations as deemed necessary to advise and protect the health of the public in the sale and use of imitation foods by prescribing proper labeling requirements for such imitation food offered for sale in this State. The rules and regulations shall include a requirement that all persons transporting any imitation foods and beverages for human consumption into the State shall register each product to be transported with the Commissioner of Agriculture and shall furnish such description of the product as the Commissioner may prescribe.
S.C. Code Ann. § 39-31-80 — SC Code / Title 39 / Chapter 31 / Section 39-31-80
SECTION 39-31-80. Seizure of nonconforming rice and bulk rice; release upon compliance.
Status: in_force

Whenever the Commissioner has probable cause to believe that any rice or bulk rice has been sold or offered for sale or exchange in violation of any of the provisions of this chapter, he may seize and affix to such product a notice to that effect detaining the product and warning all persons not to dispose of it by sale or otherwise without his permission. It shall be a violation of this chapter, subject to the penalties set forth in Section 39-31-120, for any person to dispose of such product by sale or otherwise without such permission. The Commissioner may, in his discretion, release the rice or bulk rice for feed or brewing purposes or for shipment out of the State or for human consumption, if brought into compliance with this chapter and upon payment of all costs or expenses incurred in any proceeding connected with such seizure and withdrawal.
S.C. Code Ann. § 39-23-60 — SC Code / Title 39 / Chapter 23 / Section 39-23-60
SECTION 39-23-60. Coal-tar colors, regulations.
Status: in_force

In accordance with Federal standards, the Director of Health and Environmental Control shall promulgate regulations providing for the listing of coal-tar colors which are harmless and suitable for use in drugs for purposes of coloring only and for the certification of batches of such colors, with or without harmless dilutents.
S.C. Code Ann. § 39-77-50 — SC Code / Title 39 / Chapter 77 / Section 39-77-50
SECTION 39-77-50. Construction of chapter with other state and federal laws.
Status: in_force

This chapter is supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this chapter. This chapter does not: (1) bar any cause of action or preclude the imposition of sanctions or penalties that would otherwise be available under state or federal law; or (2) impose liability on providers of an interactive computer service, communications service, commercial mobile service, or information service including, but not limited to, an Internet access service provider, advertising network or exchange, domain name registration provider, or a hosting service provider, if they provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, commercial mobile radio service, or information service, for use of such services by another person in violation of this chapter.
S.C. Code Ann. § 39-19-10 — SC Code / Title 39 / Chapter 19 / Article 1 / Section 39-19-10
SECTION 39-19-10. Persons and corporations who must become public warehousemen.
Status: in_force

All warehousemen engaged in the business of storing feed grains and oil seeds for persons other than themselves shall operate under the state or federal warehouse system.
S.C. Code Ann. § 39-3-130 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-130
SECTION 39-3-130. Agreement in restraint of trade shall be conspiracy to defraud.
Status: in_force

Any corporation organized under the laws of this or any other State or country transacting or conducting any kind of business in this State or any partnership, individual or other person or association of persons whatsoever, who shall create, enter into or become a member of or a party to any pool, trust, agreement, combination, confederation or understanding with any other corporation, partnership, individual or other person or association of persons to regulate or fix the price of any article of manufacture, mechanism, merchandise, commodity, convenience or repair, any product of mining or other article or thing whatsoever or to maintain such price when so regulated or fixed or shall enter into or become a member of or a party to any pool, agreement, combination, contract, association or confederation to fix or limit the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience or repair, product of mining or other article or thing whatsoever or the price or premium to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, tornado or any other kind of policy issued by any person shall be guilty of a conspiracy to defraud and be subject to the penalties provided by this article.
S.C. Code Ann. § 39-15-740 — SC Code / Title 39 / Chapter 15 / Article 7 / Section 39-15-740
SECTION 39-15-740. Loss of lien upon default in payments; removal of brand.
Status: in_force

The lien of the purchaser upon such timber when the title has not passed to such purchaser shall cease to exist immediately upon his becoming in default under the contract of purchase and it shall then be lawful for the owner of such timber to deface, destroy or otherwise remove the brand of the purchaser therefrom and resume full possession and control thereover.
S.C. Code Ann. § 39-39-130 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-130
SECTION 39-39-130. Shell egg standards, grades, and weight classes.
Status: in_force

The South Carolina standards, grades, and weight classes for shell eggs are the same as the United States standards, grades, and weight classes for shell eggs and their supplements and revisions as published by the United States Department of Agriculture, except as modified or rejected by regulations promulgated by the Commissioner of Agriculture. Effect of Amendment The 1994 amendment revised this section. The 2005 amendment rewrote this section.
S.C. Code Ann. § 39-19-510 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-510
SECTION 39-19-510. Penalties.
Status: in_force

Any person guilty of a misdemeanor under the provisions of this article shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars or by imprisonment for not less than fifteen nor more than thirty days and each sale or offering for sale shall constitute a separate and distinct offense under the provisions of this article.
S.C. Code Ann. § 39-41-510 — SC Code / Title 39 / Chapter 41 / Article 5 / Section 39-41-510
SECTION 39-41-510. Deception in storage or sale.
Status: in_force

No person shall store or sell, offer or expose for sale any liquid fuels, lubricating oils, greases or other similar products in any manner whatsoever which may deceive, tend to deceive or have the effect of deceiving the purchaser of such products as to the nature, quality or quantity of the products so sold, exposed or offered for sale.
S.C. Code Ann. § 39-23-70 — SC Code / Title 39 / Chapter 23 / Section 39-23-70
SECTION 39-23-70. Intrastate commerce, introduction of new drugs.
Status: in_force

(a) No person shall introduce or deliver for introduction into intrastate commerce any new drug unless an application filed pursuant to subsection (b) is effective with respect to such drug, or an application with respect thereto has been approved and such approval has not been withdrawn under Section 505 of the Federal act. (b) Any person may file with the Director of Health and Environmental Control an application with respect to any drug subject to the provisions of subsection (a). Such persons shall submit to the Director of Health and Environmental Control as a part of the application (1) full reports of investigations which have been made to show whether or not such drug is safe for use; (2) a full list of the articles used as components of such drug; (3) a full statement of the composition of such drug; (4) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (5) such samples of such drug and of the articles used as components thereof as the Director of Health and Environmental Control may require; and (6) specimens of the labeling proposed to be used for such drug. (c) An application provided for in subsection (b) shall become effective on the one hundred eightieth day after the filing thereof, except that if the Director of Health and Environmental Control finds, after due notice to the applicant and giving him an opportunity for a hearing, (1), that the drug is not safe or not effective for use under the conditions prescribed, recommended or suggested in the proposed labeling thereof; or (2) the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drugs are inadequate to preserve its identity, strength, quality, and purity; or (3) based on a fair evaluation of all material facts, such labeling is false or misleading in any particular; he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective. (d) If the Director of Health and Environmental Control finds, after due notice to the applicant and giving him an opportunity for a hearing, that (1) the investigations, reports of which are required to be submitted to the Director pursuant to subsection (b), do not include adequate tests by all methods reasonably applicable to show whether or not such drug is safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof; (2) the results of such tests show that such drug is unsafe for use under such conditions or do not show that such drug is safe for use under such conditions; (3) the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug are inadequate to preserve its identity, strength, quality, and purity; or (4) upon the basis of the information submitted to him as part of the application or upon the basis of any other information before him with respect to such drug, he has insufficient information to determine whether such drug is safe for use under such conditions, he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective. (e) The effectiveness of an application with respect to any drug shall, after due notice and opportunity for hearing to the applicant, by order of the Director of Health and Environmental Control be suspended if the Director finds (1) that clinical experience, tests by new methods, or tests by methods not deemed reasonably applicable when such application became effective show that such drug is unsafe for use under conditions of use upon the basis of which the application became effective, or (2) that the application contains any untrue statement of a material fact. The order shall state the findings upon which it is based. (f) An order refusing to permit an application with respect to any drug to become effective shall be revoked whenever the Director of Health and Environmental Control finds that the facts so require. (g) Orders of the Director of Health and Environmental Control issued under this section shall be served (1) in person by an officer or employee of the Department of Health and Environmental Control designated by the Director or (2) by mailing the order by registered mail addressed to the applicant or respondent at his last known address in the records of the Director. (h) An appeal may be taken by the applicant from an order of the Director of Health and Environmental Control refusing to permit the application to become effective, or suspending the effectiveness of the application. Such appeal shall be taken by filing in the circuit court within any circuit wherein such applicant resides or has his principal place of business, within sixty days after the entry of such order, a written petition praying that the order of the Director be set aside. A copy of such petition shall be forthwith served upon the Director or upon any officer designated by him for that purpose, and thereupon the Director shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm or set aside such order. No objection to the order of the Director shall be considered by the court unless such objection shall have been argued before the Director or unless there were reasonable grounds for failure so to do. The findings of the Director as to the facts, if supported by substantial evidence, shall be conclusive. If any person shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the Director, the court may order such additional evidence to be taken before the Director and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper. The Director may modify his findings as to the facts by reason of the additional evidence so taken, and he shall file with the court such modified findings which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the setting aside of the original order. The judgment and decree of the court affirming or setting aside any such order of the Director shall be final, subject to review as provided by statute. The commencement of proceedings under this subsection shall not, unless specifically ordered by the court to the contrary, operate as a stay of the Director's orders. (i) The Director of Health and Environmental Control shall promulgate regulations for exempting from the operation of this section drugs intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety of drugs.
S.C. Code Ann. § 39-17-30 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-30
SECTION 39-17-30. Division of markets shall administer article; employment of agents.
Status: in_force

The division of markets of the extension service is charged with the execution of the provisions of this article and may employ such agents and assistants as may be necessary, fix their compensation, define their duties and require bonds in such amount as the chief of the division of markets deems advisable, conditioned upon the faithful performance of his duties by any employee or agent. No such compensation or other expense involved in the execution of this article shall be a charge against the State.
S.C. Code Ann. § 39-3-10 — SC Code / Title 39 / Chapter 3 / Article 1 / Section 39-3-10
SECTION 39-3-10. Arrangements, contracts, agreements, trusts, and combinations adversely affecting competition or price declared against public policy.
Status: in_force

All arrangements, contracts, agreements, trusts or combinations (a) between two or more persons as individuals, firms or corporations, made with a view to lessen, or which tend to lessen, full and free competition in the importation or sale of articles imported into this State or in the manufacture or sale of articles of domestic growth or of domestic raw material, (b) between persons or corporations designed or which tend to advance, reduce or control the price or the cost to the producer or consumer of any such product or article and (c) between two or more persons as individuals, firms, corporations, syndicates or associations that may lessen or affect in any manner the full and free competition in any tariff, rates, tolls, premium or prices in any branch of trade, business or commerce are declared to be against public policy, unlawful and void.
S.C. Code Ann. § 39-19-20 — SC Code / Title 39 / Chapter 19 / Article 1 / Section 39-19-20
SECTION 39-19-20. Warehousemen must give bond.
Status: in_force

Every person or corporation authorized to become a public warehouseman shall give bond in a surety company authorized to do business in this State in an amount equal to ten per cent of the estimated value of the goods for which such warehouseman will provide storage, such bond to be conditioned for the faithful performance of the duties of a public warehouseman and to be given to the Secretary of State, who shall cause a copy of it to be filed with the clerk of the court in each county in which such warehouseman proposes to maintain a warehouse. Any such bond may extend over a limited period not less than one year from its date and may provide for a continuation thereof upon payment and acceptance of the annual premium in advance. But any such limitation shall not affect liabilities under the bond incurred while it was in force.
S.C. Code Ann. § 39-73-80 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-80
SECTION 39-73-80. Chapter not to impair other state securities laws.
Status: in_force

Nothing in this chapter impairs, derogates, or otherwise, affects the authority or powers of the administrator under state securities law or the application of this chapter to a person or transaction subject to state securities law.
S.C. Code Ann. § 39-41-255 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-255
SECTION 39-41-255. Retail outlets shall post self-service pump gasoline prices.
Status: in_force

Every retail motor fuel outlet shall post in a conspicuous place the self-service pump price for each type of gasoline it has available; provided, that such posted price must include either the cash or the credit price but need not include both such prices. The manner in which the prices are posted must not conflict with any state or local laws or ordinances that regulate the size, use, or placement of billboards or signs. The posting on the pump price mechanism of the price of the type of gasoline available at that pump shall satisfy the requirement of this section. Effect of Amendment The 1994 amendment added the last sentence, which reads: "The posting on the pump price mechanism of the price of the type of gasoline available at that pump shall satisfy the requirement of this section."
S.C. Code Ann. § 39-26-20 — SC Code / Title 39 / Chapter 26 / Section 39-26-20
SECTION 39-26-20. Definitions.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) As used in this chapter: (1) "Adequate" means satisfactory for a particular purpose, fully sufficient, suitable, or fit. (2) "Agricultural water" means water used at a farm for agronomic reasons, including water used for irrigation, transpiration control, frost protection, washing produce, harvesting, or as a carrier for fertilizers and pesticides. Occasionally, a more specific term may be used, such as irrigation water. Typical sources of agricultural water include flowing surface waters from rivers, streams, irrigation ditches or open canals; impoundment; wells; and municipal supplies. (3) "Clean" means washed, rinsed and/or reasonably free of dust, dirt, food residues, and other debris. (4) "Commissioner" means the South Carolina Commissioner of Agriculture. (5) "Covered produce" means food that is produce within the meaning of 21 C.F.R. Part 112 and that is a raw agricultural commodity, as defined in 21 C.F.R. Section 112.3(c), unless excluded under Section 39-26-30(A) or exempted under Section 39-26-30(B). (6) "Department" means the South Carolina Department of Agriculture. (7) "Documentation" means a written procedure or record of a task being completed. (8) "Farm" means a farm, as defined in 21 C.F.R. Section 112.3(c), or a farm mixed-type facility, as defined in 21 C.F.R. Section 112.3(c). (9) "Pathogen" means a microorganism of public health significance capable of causing human disease or injury. (10) "Personal-service area" means an area used for activities not directly connected with the production or service function performed by the operation or facility. Such activities include, but are not limited to, first aid, medical services, dressing, showering, toilet use, washing, and eating. A personal-service area may include outdoor areas adjacent to a field in production. (11) "Pest" means any animal or insect of public health significance including, but not limited to, birds, rodents, cockroaches, flies, and larvae that may carry pathogens which can contaminate food or food-contact surfaces. (12) "Post-harvest activity" means any activity that takes place after the edible portion of the plant has been harvested. This may include washing, cooling, sorting, or packing in the field or at another location. (13) "Produce" means food that is produce within the meaning of 21 C.F.R. Part 112 and that is a raw agricultural commodity, as defined in 21 C.F.R. Section 112.3(c). (14) "Sanitize" means to treat food-contact surfaces with a process that is effective in destroying or substantially reducing the number of microorganisms of public health concern as well as other undesirable microorganisms, without adversely affecting the quality of the involved product or its safety for the consumer. (15) "Water source" or "source water" means the origin of the water being used at the farm or packing operation facility. It may be a municipal supply, private well, pond, stream, or other body of water.
S.C. Code Ann. § 39-8-50 — SC Code / Title 39 / Chapter 8 / Section 39-8-50
SECTION 39-8-50. Injunctions against actual or threatened misappropriations.
Status: in_force

(A) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. Such reasonable period of time shall take into account the average rate of business growth that would have been gained from nonmisappropriated use of the misappropriated trade secret. (B) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. (C) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
S.C. Code Ann. § 39-73-90 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-90
SECTION 39-73-90. Construction and implementation of chapter; no private right of action created.
Status: in_force

This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts, and to maximize coordination with federal and other states' laws and the administration and enforcement of them. This chapter does not create rights or remedies upon which actions may be brought by private persons against persons who violate this chapter.
S.C. Code Ann. § 39-73-60 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-60
SECTION 39-73-60. Prohibited acts.
Status: in_force

No person, directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, a commodity contract or commodity option subject to Sections 39-73-20, 39-73-30, or 39-73-40(A)(2) or (4), may: (1) cheat or defraud or attempt to cheat or defraud a person or employ a device, a scheme, or an artifice to defraud a person; (2) make a false report, enter a false record, or make an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; (3) engage in a transaction, an act, a practice, or a course of business, including without limitation a form of advertising or solicitation which operates or would operate as a fraud or deceit upon a person; or (4) misappropriate or convert the funds, security, or property of a person. Effect of Amendment 2025 Act No. 67, SECTION 3, in the first undesignated paragraph, substituted "39-73-30" for "39-73-310".
S.C. Code Ann. § 39-26-40 — SC Code / Title 39 / Chapter 26 / Section 39-26-40
SECTION 39-26-40. Covered farm; qualified exemption.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) Except as provided in subsection (B), a farm with an average annual monetary value of produce sold during the previous three-year period of more than twenty-five thousand dollars on a rolling basis, adjusted for inflation using 2011 as the baseline year for calculating the adjustment, is a "covered farm" as used in this chapter, unless the context requires a different meaning. A covered farm shall comply with all applicable requirements of 21 C.F.R. Part 21, this chapter, or any provision of a regulation of the department promulgated pursuant to Section 39-26-50 when conducting a covered activity, as defined in 21 C.F.R. Section 112.3(c), on covered produce. (B) A farm is not subject to this chapter if: (1) it satisfies the requirements in 21 C.F.R. Section 112.5; and (2) the U.S. Food and Drug Administration, or the department operating on authority delegated from the U.S. Food and Drug Administration, has not withdrawn the farm's exemption in accordance with the requirements of 21 C.F.R. Section 112 Subpart R; or if the U.S. Food and Drug Administration, or the department operating on authority delegated from the U.S. Food and Drug Administration, has stayed the withdrawal of the farm's exemption pursuant to the procedures and requirements of 21 C.F.R. Section 112 Subpart R; or if the U.S. Food and Drug Administration, or the department operating on authority delegated from the U.S. Food and Drug Administration, has revoked the withdrawal of the farm's exemption pursuant to the procedures and requirements of 21 C.F.R. Section 112 Subpart R; or if the U.S. Food and Drug Administration, or the department operating on authority delegated from the U.S. Food and Drug Administration, has not confirmed the withdrawal of the farm's exemption in response to the farm's appeal of the withdrawal pursuant to the procedures and requirements of 21 C.F.R. Section 112 Subpart R; or if the U.S. Food and Drug Administration, or the department operating on authority delegated from the U.S. Food and Drug Administration, has reinstated the farm's exemption pursuant to the procedures and requirements of 21 C.F.R. Section 112 Subpart R. (C) A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if: (1) during the previous three-year period preceding the applicable calendar year, the average annual monetary value of the food, as defined in 21 C.F.R. Section 112.3(c), the farm sold directly to qualified end-users, as defined in 21 C.F.R. Section 112.3(c), during such period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and (2) the average annual monetary value of all food, as defined in 21 C.F.R. Section 112.3(c), the farm sold during the three-year period preceding the applicable calendar year was less than five hundred thousand dollars, adjusted for inflation, using 2011 as the baseline year for calculating the adjustment for inflation. (D) If a farm is eligible for a qualified exemption in accordance with 21 C.F.R. Section 112.5, the farm is subject to the requirements of 21 C.F.R. Section 112 Subparts A, O, Q, and R. (E) If a farm is eligible for a qualified exemption in accordance with 21 C.F.R. Section 112.5, the farm is subject to the modified requirements established in 21 C.F.R. Section 112.6(b). (F) A farm eligible for an exemption under this section may complete forms made available by the department. The department shall issue the farm an exemption certificate as an official acknowledgement of the farm's exemption status. However, receipt of any certificate from the department is in no way a condition of eligibility for an exemption under this section.
S.C. Code Ann. § 39-15-1160 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1160
SECTION 39-15-1160. Liability for unapproved use.
Status: in_force

(A) Subject to Section 39-15-1180 and subsection (B) of this section, a person is liable in a civil action by the registrant for the remedies provided in Section 39-15-1170 if the person: (1) uses without the consent of the registrant a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with the sale, distribution, offering for sale, or advertising of goods or services on or in connection with which this use is likely to cause confusion or mistake or to deceive as to the source of origin of these goods or services; or (2) reproduces, counterfeits, copies, or colorably imitates a mark and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package wrapper, receptacle, or advertisement intended to be used on or in connection with the sale or other distribution in this State of these goods or services. (B) Notwithstanding subsection (A) a person liable under subsection (A)(2) is not entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
S.C. Code Ann. § 39-25-140 — SC Code / Title 39 / Chapter 25 / Section 39-25-140
SECTION 39-25-140. Cosmetic deemed adulterated.
Status: in_force

A cosmetic shall be deemed to be adulterated - (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon; "Caution - This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness." and the labeling of which bears adequate directions for such preliminary testing. For the purpose of this paragraph and paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes. (b) If it consists in whole or in part of any filthy, putrid, or decomposed substance. (c) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. (d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. (e) If it is not a hair dye and it is, or it bears or contains a color additive which is unsafe within the meaning of the Federal act or Section 39-25-130(a).
S.C. Code Ann. § 39-22-50 — SC Code / Title 39 / Chapter 22 / Section 39-22-50
SECTION 39-22-50. Chapter inapplicable to "linters" cotton.
Status: in_force

Cotton designated as "linters" may not be received for storage under the provisions of this chapter.
S.C. Code Ann. § 39-15-1110 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1110
SECTION 39-15-1110. Registration of distinguishing mark for goods or services; exceptions.
Status: in_force

(A) A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others may not be registered if the mark: (1) consists of or includes immoral, deceptive, or scandalous matter; (2) consists of or includes matter which may disparage or falsely suggest a connection with or bring into contempt or disrepute a person, living or dead, an institution, belief, or national symbol; (3) consists of or includes the flag or coat of arms or other insignia of the United States, a state or municipality, or a foreign nation or a simulation of the flag, coat of arms, or other insignia of any of these; (4) consists of or includes the name, signature, or portrait identifying a particular living individual, except by the individual's written consent; (5) consists of a mark which: (a) when used on or in connection with the goods or services of the applicant is merely descriptive or deceptively misdescriptive of them; (b) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (c) is primarily merely a proper name or surname; (6) consists of or includes a mark which so resembles a mark registered in this State or a mark or trade name previously used by another person in this State and not abandoned as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive. (B) However, nothing in subsection (A)(5) prevents the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, by proof of continuous use as a mark by the applicant in this State for the five years before the date on which the claim of distinctiveness is made. Effect of Amendment The 2002 amendment, in paragraph (A)(6), inserted "person in this State".
S.C. Code Ann. § 39-11-210 — SC Code / Title 39 / Chapter 11 / Section 39-11-210
SECTION 39-11-210. Disposition of moneys collected.
Status: in_force

All moneys collected by this chapter shall be deposited with the State Treasurer and shall be used for the enforcement of this chapter.
S.C. Code Ann. § 39-41-185 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-185
SECTION 39-41-185. Labeling of petroleum product dispensers.
Status: in_force

(A) A motor fuel retail dealer may not transfer, sell, dispense, or offer petroleum products for sale in South Carolina unless every dispenser is posted clearly with the complete registered brand name for the petroleum products being dispensed including the amount of alcohol, ethanol, and methanol, if any, and the octane number. The dispenser labeling must be in the same size and type lettering for all parts of the brand name including that portion of the brand name disclosing alcohol content and amount. (B) The labeling must be conspicuous and legible to a customer when viewed from the driver's position of a motor vehicle positioned in front of the dispenser. (C) Kerosene dispensers must be labeled as either 1-K or 2-K. 2-K dispensers must display the following in lettering at least one inch in height: "Not suitable for use in nonflue-connected heaters".
S.C. Code Ann. § 39-9-66 — SC Code / Title 39 / Chapter 9 / Section 39-9-66
SECTION 39-9-66. Requirements for type evaluation.
Status: in_force

The Uniform Regulations for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to type evaluation in the State, except as modified or rejected by regulation.
S.C. Code Ann. § 39-22-200 — SC Code / Title 39 / Chapter 22 / Section 39-22-200
SECTION 39-22-200. Receipts, restrictions; exceptions.
Status: in_force

A state warehouse receipt must be issued by the warehouseman to a person storing commodities who requests it. If no receipt is issued to the storing party directly, one must be written to show ownership and held at the warehouse office properly locked and secured. No receipt may be issued in the name of the storing warehouse, or its owners, on commodities being purchased by the warehouse until the commodity has been paid for in full, even if a contract has been executed establishing that the title to the commodity has passed to the warehouse or its owners unless the buyer and seller execute an affidavit within the contract stating that the seller conveys title and ownership of the commodity and forfeits all of his rights under the Dealer and Handler Guaranty Fund. The affidavit must be in bold print on the face of the contract and must further state that the seller has read the contract in full, understands it, and waives all rights to contest his knowledge of any part of the contract. Those provisions do not reduce the responsibility of the warehouseman to keep proper records as required by Section 39-22-190.
S.C. Code Ann. § 39-9-62 — SC Code / Title 39 / Chapter 9 / Section 39-9-62
SECTION 39-9-62. Requirements for packaging and labeling of commodities.
Status: in_force

The Uniform Packaging and Labeling Regulations adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to packaging and labeling in the State, except as modified or rejected by regulation.
S.C. Code Ann. § 39-65-40 — SC Code / Title 39 / Chapter 65 / Section 39-65-40
SECTION 39-65-40. Frivolous action; sales representative's liability.
Status: in_force

Where the court determines that an action brought by a sales representative against a principal under this chapter is frivolous, the sales representative is liable to the principal for attorney's fees actually and reasonably incurred by the principal in defending the action and court costs.
S.C. Code Ann. § 39-3-140 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-140
SECTION 39-3-140. Agreements to limit competition, conspiracy to defraud.
Status: in_force

If any two or more persons who are engaged in buying or selling any article of commerce, manufacture, mechanism, merchandise, commodity, convenience, repair or any product of mining or other article or thing whatsoever shall enter into any pool, trust, agreement, combination, confederation, association or understanding to control or limit the trade in any such article or thing or to limit competition in such trade by refusing to buy from or sell to any other person any such article or thing for the reason that such other person is not a member of or a party to such pool, trust, agreement, combination, confederation, association or understanding or shall boycott or threaten any person for buying from or selling to any other person who is not a member of or a party to such pool, trust, agreement, combination, confederation, association or understanding any such article or thing such persons shall be guilty of a conspiracy to defraud and shall be subject to the penalties prescribed in this article.
S.C. Code Ann. § 39-9-180 — SC Code / Title 39 / Chapter 9 / Section 39-9-180
SECTION 39-9-180. Declaration of quantity required in advertisement stating retail price.
Status: in_force

Whenever a packaged commodity is advertised with the retail price stated, there must be associated closely and conspicuously with the retail price a declaration of quantity as required by law or regulation to appear on the package. Where a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure must appear in the advertisement. Effect of Amendment The 1994 amendment made grammatical changes.
S.C. Code Ann. § 39-22-160 — SC Code / Title 39 / Chapter 22 / Section 39-22-160
SECTION 39-22-160. Annual report.
Status: in_force

The Commissioner of Agriculture shall make an annual report to the General Assembly setting forth (1) the number and location of each warehouse where cotton has been received for storage, (2) the cotton on storage and that delivered on presentation of receipts, and (3) monies received and disbursed.
S.C. Code Ann. § 39-33-1250 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1250
SECTION 39-33-1250. Equipment of receiver or buyer; testing; condemnation.
Status: in_force

It shall be the responsibility of the receivers or buyers to provide equipment necessary to obtain accurate weights and accurate and representative samples for determining the butterfat content of milk or cream received and paid for on the basis of weight and test. The Commissioner of Agriculture shall cause to be made such tests for accuracy on any equipment necessary or incidental to the ascertainment of accurate weights and the taking of accurate representative samples for determining the butterfat content of milk or cream in the State, and he shall condemn any equipment found to be of doubtful accuracy in weighing, sampling or testing for butterfat when the basis of payment is weight and butterfat content, if the receiver or buyer has been given a reasonable time to correct or replace such equipment.
S.C. Code Ann. § 39-9-65 — SC Code / Title 39 / Chapter 9 / Section 39-9-65
SECTION 39-9-65. Registration of servicepersons and service agencies for commercial weighing and measuring devices.
Status: in_force

The Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to the registration of servicepersons and service agencies in the State, except as modified or rejected by regulation.
S.C. Code Ann. § 39-75-110 — SC Code / Title 39 / Chapter 75 / Article 3 / Section 39-75-110
SECTION 39-75-110. Waste tire haulers; manifests.
Status: in_force

(A) A waste tire hauler transporting waste tires for handling, altering, storage, recycling, or disposal must complete a manifest and submit it to the department as provided in subsection (B)(2) of this section. The manifest must also be readily accessible in the transporting vehicle during transportation by paper copy or electronic means. The manifest shall be shown upon demand to any representative of the department or law enforcement. (B)(1) For each load of waste tires, a waste tire hauler shall provide the completed manifest in a format approved by the department to the waste tire generator, or to the waste tire facility, at the time of transfer. (2) A waste tire hauler must maintain a copy of each completed manifest or the completed manifest information in a manner approved by the department for a period of time required by the department, and shall submit to the department a legible copy of each manifest or the manifest information, in a format required by the department including, but not limited to, an electronic format, no later than sixty days after the completed waste tire transfer on a schedule determined by the department. The manifest or manifest information submitted to the department shall contain the signed acknowledgment of the waste tire facility from or to which waste or used tires were transferred.
S.C. Code Ann. § 39-33-1220 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1220
SECTION 39-33-1220. Employment of licensed tester.
Status: in_force

Every milk plant, creamery, shipping station, other factory or person or agent receiving, buying or paying for milk, cream or other dairy products on the basis of butterfat content shall have in its employ at least one licensed tester who shall supervise and be responsible for the accurate and correct operation of the Babcock or other test to determine the fat content of such products.
S.C. Code Ann. § 39-53-160 — SC Code / Title 39 / Chapter 53 / Section 39-53-160
SECTION 39-53-160. Soliciting money contributions by licensed vendor is prohibited.
Status: in_force

Use of registration and license to solicit or receive money contributions by any person selling blind-made products is prohibited and such person shall have his license to sell such products suspended for ninety days for an initial offense and indefinitely for a second or subsequent offense.
S.C. Code Ann. § 39-11-110 — SC Code / Title 39 / Chapter 11 / Section 39-11-110
SECTION 39-11-110. Issuance of certificates by weighmasters; records.
Status: in_force

It shall be the duty of every public weighmaster registered under this chapter to issue a certificate of weight, measure, count, recording or readings on forms approved by the Commissioner of Agriculture to enforce the provisions of this chapter together with rules and regulations relating thereto. All public weighmasters shall keep and preserve, as records, for a period of one year from date of issuance unless otherwise specified in regulations authorized by the Commissioner of Agriculture, copies of all certificates issued upon public weighings, measurings, or counts. These records shall at all times be open for inspection by the Commissioner of Agriculture or by his authorized representatives.
S.C. Code Ann. § 39-41-310 — SC Code / Title 39 / Chapter 41 / Article 3 / Section 39-41-310
SECTION 39-41-310. Lubricating oil, unauthorized provision.
Status: in_force

It shall be unlawful for any person to fill with a spurious or substitute article an order for lubricating oil for internal combustion engines of automobiles, autotrucks or tractors, if such oil ordered is designated by a trademark or distinctive trade name unless and until it is explained to the person giving the order that the article offered is not the article that he ordered and the purchaser shall thereupon elect to take the substitute article that is being offered to him.
S.C. Code Ann. § 39-37-20 — SC Code / Title 39 / Chapter 37 / Section 39-37-20
SECTION 39-37-20. Certain sales prohibited.
Status: in_force

No person shall sell, advertise, or offer or expose for sale: (1) Any frozen dessert, unless its manufacturer is a licensee under the provisions of this chapter; (2) Any frozen dessert that does not comply with the definitions of Section 39-37-10 or definitions adopted by regulation as provided in item (10) of that section. Frozen dessert type food products, other than the defined products shall comply with all applicable provisions of the South Carolina Food and Cosmetic Act (Chapter 25 of Title 39) and comply with the frozen desserts licensing provisions of Section 39-37-70.
S.C. Code Ann. § 39-5-40 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-40
SECTION 39-5-40. Article inapplicable to certain practices and transactions.
Status: in_force

Nothing in this article shall apply to: (a) Actions or transactions permitted under laws administered by any regulatory body or officer acting under statutory authority of this State or the United States or actions or transactions permitted by any other South Carolina State law. (b) Acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and did not have a direct financial interest in the sale or distribution of the advertised product or service. (c) This article does not supersede or apply to unfair trade practices covered and regulated under Title 38, Chapter 57, Sections 38-57-10 through 38-55-320. (d) Any challenged practices that are subject to, and comply with, statutes administered by the Federal Trade Commission and the rules, regulations and decisions interpreting such statutes. For the purpose of this section, the burden of proving exemption from the provisions of this article shall be upon the person claiming the exemption.
S.C. Code Ann. § 39-41-550 — SC Code / Title 39 / Chapter 41 / Article 5 / Section 39-41-550
SECTION 39-41-550. Mixing, blending, or compounding products.
Status: in_force

No person shall mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of a manufacturer or distributor with the products of any other manufacturer or distributor or adulterate them and expose or offer for sale or sell such mixed, blended or compounded products under the trade name, trademark, name or other distinguishing mark of either of such manufacturers or distributors or as the adulterated products of either such manufacturer or distributor. But nothing herein shall prevent the lawful owner thereof from applying its own trademark, trade name or symbol to any such product or material.
S.C. Code Ann. § 39-19-480 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-480
SECTION 39-19-480. Failure to give true name is a misdemeanor.
Status: in_force

Any person who shall give a fictitious or false name to a warehouseman or cooperative marketing association or shall fail to give to a warehouseman or cooperative marketing association the name of the true owner of such leaf tobacco or the person from whom such tobacco was obtained or the grower and landlord, as required by Section 39-19-430, upon delivering the tobacco, shall be guilty of a misdemeanor.
S.C. Code Ann. § 39-73-320 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-320
SECTION 39-73-320. Actions to enjoin violations or enforce compliance with this chapter.
Status: in_force

(A) If the administrator believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, then the administrator may maintain an action in the Richland County Court of Common Pleas to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter. (B) In an action pursuant to this section and on a proper showing, the court may: (1) issue a permanent or temporary injunction, restraining order, or declaratory judgment; (2) order other appropriate or ancillary relief, which might include: (a) an asset freeze, accounting, writ or attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the administrator, for the defendant or the defendant's assets; (b) ordering the administrator to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property; (c) imposing a civil penalty in an amount not to exceed ten thousand dollars for each violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter; and (d) ordering the payment of prejudgment and post-judgment interest; or (3) order such other relief as the court considers appropriate. (C) The administrator may not be required to post a bond in an action or proceeding under this chapter. (D)(1) Upon a proper showing by the administrator or securities or commodity agency of another state that a person, other than a government or governmental agency or instrumentality, has violated, or is about to violate, the commodity code of that state or a regulation or order of the administrator or securities or commodity agency of that state, the court may grant appropriate legal and equitable remedies. (2) Upon showing of a violation of the securities or commodity act of the foreign state or a regulation or order of the administrator or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies: (a) disgorgement; (b) appointment of a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this State. (3) Appropriate remedies when the defendant is shown only about to violate the securities or commodity act of the foreign state or a regulation or order of the administrator or securities or commodity agency of the foreign state is limited to: (a) temporary restraining order; (b) temporary or permanent injunction; (c) writ or prohibition or mandamus; or (d) order appointing a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this State. Effect of Amendment The 1994 amendment deleted subsection (A)(2)(f), which contained a reference to an incorrect section. 2025 Act No. 67, SECTION 5, rewrote the section.
S.C. Code Ann. § 39-41-270 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-270
SECTION 39-41-270. Application of aboveground storage provisions.
Status: in_force

The provisions of Section 39-41-260 of the 1976 Code, as amended by Section 1 of Act No. 582 of 1990, apply to all service stations constructed on or after the effective date of this act (June 12, 1990). Also, all existing service stations on the effective date of this act must comply with the revised provisions of Section 39-41-260 within two years of the effective date of this act, except that existing service stations with aboveground storage tanks are not required to comply with the provisions of Section 39-41-260(D) and existing service stations with an aboveground storage tank in excess of twelve thousand gallons liquid capacity on the effective date of this act are exempt from the provisions of Section 39-41-260(B). An imminent hazard to life shall be addressed immediately as referenced in Section 23-9-150 of the 1976 Code. For the purposes of this section and of Section 39-41-260, the term "service station" does not include any utility storage tank facilities which service utility operations, including vehicles, locomotives, or equipment. Effect of Amendment The 1994 amendment added "of the 1976 Code" in two locations; in the first sentence deleted "shall" preceding "apply to all service stations", and added "the effective date of this act" preceding "(June 12, 1990)"; in the second sentence added "on the effective date of this act" and changed "effective date of this section" to "effective date of this act" in two locations; and added the last sentence, defining "service station".
S.C. Code Ann. § 39-31-20 — SC Code / Title 39 / Chapter 31 / Section 39-31-20
SECTION 39-31-20. Ingredients of rice and bulk rice.
Status: in_force

It shall be unlawful for any person, except as provided in this chapter, to sell, offer for sale or exchange for any services or goods in this State any rice or bulk rice which does not conform with the following provisions: (1) Each pound of rice or bulk rice shall contain not less than two milligrams of vitamin B-1 (thiamine), not less than sixteen milligrams of niacin or niacin amide, and not less than thirteen milligrams of iron; and (2) Each pound of rice or bulk rice may contain either or both of the following optional ingredients (a) not less than five hundred milligrams of calcium and (b) not less than one and two-tenths milligrams of riboflavin; Provided, that the Commissioner may change the specifications of either the required or the optional ingredients and amounts thereof as provided in Section 39-31-100.
S.C. Code Ann. § 39-15-1185 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1185
SECTION 39-15-1185. Application fees.
Status: in_force

The secretary shall charge a fee of fifteen dollars for an original application, a fee of five dollars for a renewal application, and a fee of three dollars for recording an assignment. The fees payable under this article are not refundable.
S.C. Code Ann. § 39-73-375 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-375
SECTION 39-73-375. Receipt of fines and penalties; excess to be deposited in general fund; report.
Status: in_force

The Office of Attorney General may retain the first seven hundred fifty thousand dollars in fines and penalties received in a fiscal year in settlement of litigation enforcement actions and reimbursements of expenses arising from violations under this chapter to offset investigative, prosecutorial, and administrative costs of enforcing this chapter, after which any excess fines and penalties received in a fiscal year must be deposited into the general fund. The Attorney General shall issue an annual report to the President of the Senate, the Speaker of the House, the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Labor, Commerce and Industry Committee, and the Chairman of the House Labor, Commerce and Industry Committee. This report shall include the total amount of civil penalties collected by the Office of Attorney General for violations of the Commodities Code, the amount of restitution and disgorgement ordered to be paid for violations of the Commodities Code, the amount of fines and penalties retained by the Office of Attorney General pursuant to this section, and the amount of excess fines and penalties that were deposited into the general fund pursuant to this section.
S.C. Code Ann. § 39-33-1270 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1270
SECTION 39-33-1270. Temporary permit to test, weigh, or sample prior to license examination.
Status: in_force

Any person who shall desire to test, weigh or sample either milk or cream prior to taking the necessary examination for a license may apply to the Commissioner of Agriculture for a temporary permit. Such permit when issued shall entitle the holder to test, weigh or sample milk or cream until the date specified for taking the examination as prescribed by the Commissioner. A permit holder shall bear the same responsibilities as a licensee in complying with all of the provisions of this article.
S.C. Code Ann. § 39-3-200 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-200
SECTION 39-3-200. Provisions of article are cumulative.
Status: repealed

The provisions of this article and the pains and penalties provided for violations hereof shall be held and construed to be cumulative to all laws in force in this State and the provisions of this article shall not exempt from punishment or forfeiture any person who may have violated or offended against any law that may be or may be construed to be repealed by this article or in conflict herewith.
S.C. Code Ann. § 39-35-220 — SC Code / Title 39 / Chapter 35 / Article 3 / Section 39-35-220
SECTION 39-35-220. Oleomargarine must be labeled.
Status: in_force

All oleomargarine sold in the State must be labeled in accordance with the regulations of the Department of Health, Education and Welfare governing the labeling of oleomargarine with added vitamins sold in interstate trade.
S.C. Code Ann. § 39-53-10 — SC Code / Title 39 / Chapter 53 / Section 39-53-10
SECTION 39-53-10. Definitions.
Status: in_force

As used in this chapter unless the context otherwise requires: (1) A "blind-made product" shall be one which in its manufacture and packaging involves not less than seventy-five percent of blind workers of the total personnel engaged in the direct labor of manufacturing and packaging of the product. (2) A "blind person" shall be one who has visual acuity not to exceed twenty-two hundredths in the better eye with correcting lenses or visual acuity greater than twenty-two hundredths but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
S.C. Code Ann. § 39-33-1540 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1540
SECTION 39-33-1540. Unauthorized use of stamped bottles of other dealers in milk in same county is unlawful.
Status: in_force

It shall be unlawful for any person regularly engaged in the retail sale of milk, either on his own account or in a representative capacity for some other, to use in such business bottles or other containers wherein or whereon is indelibly stamped or fixed the name or trademark of some other person likewise engaged in the same county in the retail sale of milk, unless such containers shall have been acquired by such person from the one whose name or trademark is impressed upon such bottle or container or unless such person has the written permission of the person whose name or trademark is impressed upon such bottle or container to use such bottle or container. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than five dollars nor more than fifty dollars or to imprisonment of not less than five days nor more than fifteen days.
S.C. Code Ann. § 39-5-10 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-10
SECTION 39-5-10. Short title; definitions.
Status: in_force

This article may be cited as the "South Carolina Unfair Trade Practices Act." As used in this article, (a) "Person" shall include natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. (b) "Trade" and "commerce" shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State. (c) "Documentary material" shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording, wherever situate. (d) "Examination" of documentary material shall include the inspection, study or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material or copy thereof.
S.C. Code Ann. § 39-5-38 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-38
SECTION 39-5-38. Deceptive or misleading advertisement of live musical performance; injunction; penalty.
Status: in_force

(A) For purposes of this section: (1) "performing person or group" means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording; (2) "recording person or group" means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording; and (3) "sound recording" means the fixation of a series of musical, spoken, or other sounds on a material object such as a disk, tape, or other phono-record on which the sounds are embodied. (B) It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group. (C) The advertisement of a live musical performance does not violate subsection (B) if the: (1) performing person or at least one member of the performing group was a member of the recording person or group and has a legal right by virtue of use or operation under the group name without having abandoned the name of affiliation with the group; (2) live musical performance or production is identified as a "salute" or "tribute" to, and is otherwise unaffiliated with, the recording person or group; (3) advertising does not relate to a live musical performance taking place in South Carolina; (4) performance is expressly authorized in the advertising by the recording person or group; or (5) performing group is the authorized registrant and owner of a federal service mark for that group and registered in the United States Patent and Trademark Office. (D)(1) A court of this State may issue a temporary or permanent injunction for a violation or attempted violation of this chapter where the court believes an injunction would best serve the public interest. (2) A court that issues a permanent injunction to restrain and prevent a violation of this section may order the enjoined party to restore to its legal owner money or property acquired by the enjoined party through a violation of this section. (E) A person who violates the provisions of this section is subject to a penalty of at least five thousand dollars and not more than fifteen thousand dollars for each violation. Editor's Note 2004 Act No. 204, SECTION 2, provides as follows: "The penalties and remedies provided in this act are cumulative of and in addition to other provisions of law." Effect of Amendment The 2011 amendment inserted subsection (A)(3), "sound recording" defined; in subsection (C)(1) added the text following "person or group" relating to the legal right; and added the remaining subsections (C)(5), relating to service mark, (D), relating to injunction, and (E), relating to penalty.
S.C. Code Ann. § 39-65-50 — SC Code / Title 39 / Chapter 65 / Section 39-65-50
SECTION 39-65-50. Nonresident principals subject to personal jurisdiction.
Status: in_force

A principal who is not a resident of this State who contracts with a sales representative to solicit orders in this State is deemed to be doing business in this State for purposes of the exercise of personal jurisdiction over nonresidents under Part 8, Chapter 2, Title 36.
S.C. Code Ann. § 39-22-140 — SC Code / Title 39 / Chapter 22 / Section 39-22-140
SECTION 39-22-140. Sums collected under this chapter must be deposited annually.
Status: in_force

All sums collected under this chapter must be transferred annually to a special account in the State Treasury according to the provisions of Section 39-22-150.
S.C. Code Ann. § 39-73-345 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-345
SECTION 39-73-345. Engaging in prohibited conduct constitutes appointment of administrator to accept service of process.
Status: in_force

When a person, including a nonresident of this State, engages in conduct prohibited or made actionable by the chapter or a regulation or order of the administrator, the engaging in the conduct constitutes the appointment of the administrator as the person's attorney to receive service of lawful process in a noncriminal proceeding against the person, a successor, or personal representative, which grows out of that conduct and which is brought under the chapter or a regulation or order of the administrator with the same force as if served personally.
S.C. Code Ann. § 39-8-120 — SC Code / Title 39 / Chapter 8 / Section 39-8-120
SECTION 39-8-120. Severability.
Status: in_force

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
S.C. Code Ann. § 39-57-70 — SC Code / Title 39 / Chapter 57 / Section 39-57-70
SECTION 39-57-70. Business opportunity contracts to be in writing; terms to be included.
Status: in_force

(a) Every business opportunity contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract. (b) Every contract for a business opportunity shall include the following: (1) The terms and conditions of payment; (2) A detailed description of the services that the business opportunity seller undertakes to perform for the purchaser; (3) The seller's principal business address and the name and address of its agent in the State authorized to receive service of process; (4) The approximate delivery date of any product, equipment or supplies the business opportunity seller is to deliver to the purchaser.
S.C. Code Ann. § 39-61-160 — SC Code / Title 39 / Chapter 61 / Section 39-61-160
SECTION 39-61-160. Authority of administrator.
Status: in_force

The Administrator shall administer this chapter and may promulgate regulations, subject to Act 176 of 1977 (the Administrative Procedures Act) necessary to carry out its provisions. Editor's Note The Administrative Procedure Act is codified as SECTIONS 1-23-10 et seq.
S.C. Code Ann. § 39-22-15 — SC Code / Title 39 / Chapter 22 / Section 39-22-15
SECTION 39-22-15. "Loss" defined.
Status: in_force

For purposes of this chapter, "loss" means any monetary loss over and beyond the amount protected by a warehouseman's bond sustained as a result of storing a commodity in a state-licensed warehouse including, but not limited to, any monetary loss over and beyond the amount protected by a warehouseman's bond sustained as a result of the warehouseman's bankruptcy, embezzlement, or fraud. Editor's Note 1998 Act No. 375, SECTION 6, effective May 26, 1998, provides as follows: "This act takes effect upon approval by the Governor. The provisions of Sections 1 and 5 are remedial and apply retroactively to July 1, 1997, so as to permit reimbursement of losses suffered or incurred by depositors on and after July 1, 1997."
S.C. Code Ann. § 39-57-10 — SC Code / Title 39 / Chapter 57 / Section 39-57-10
SECTION 39-57-10. Short title.
Status: in_force

This chapter may be cited as the South Carolina Business Opportunity Sales Act.
S.C. Code Ann. § 39-41-200 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-200
SECTION 39-41-200. Applicability of article to retailers.
Status: in_force

The provisions of this article shall not apply to a retail dealer in petroleum products, unless such retail dealer shall sell or offer to sell petroleum products of a manufacturer, wholesaler or jobber who refuses to comply with the provisions of this article.
S.C. Code Ann. § 39-25-60 — SC Code / Title 39 / Chapter 25 / Section 39-25-60
SECTION 39-25-60. Embargo and condemnation of adulterated, misbranded article, poisonous perishable foods.
Status: in_force

(a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe, that any food, cosmetic, or consumer commodity, as defined by this chapter, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. (b) When an article is adulterated or misbranded, it shall be liable to be proceeded against by petition of the judge of the county, or circuit court in whose jurisdiction the article is located, detained or embargoed for a libel for condemnation of such article. When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, he shall remove the tag or other marking. (c) If the court finds that a sampled, detained, or embargoed article is adulterated or misbranded, such article shall, after entry of the decree be destroyed at the expense of the claimant thereof, under the supervision of an authorized agent, and all court costs and fees, and storage and other proper expense, shall be taxed against the claimant of such article or his agent; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to claimant thereof for such labeling or processing under the supervision of an agent of the Commissioner. The expense of such supervision shall be paid by claimant. The article shall be returned to the claimant and the bond shall be discharged on the representation to the court by the Commissioner that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid. (d) Whenever the Commissioner or any of his authorized agents shall find in any room, building, vehicle of transportation or other structure, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the Commissioner, or his authorized agent, shall forthwith condemn or destroy the same, or in any other manner render the same unsalable as human food.
S.C. Code Ann. § 39-65-30 — SC Code / Title 39 / Chapter 65 / Section 39-65-30
SECTION 39-65-30. Principal's civil liability.
Status: in_force

A principal who fails to comply with the provisions of Section 39-65-20 is liable to the sales representative in a civil action for: (1) all amounts due the sales representative plus punitive damages in an amount not to exceed three times the amount of commissions due the sales representative; and (2) attorney's fees actually and reasonably incurred by the sales representative in the action and court costs.
S.C. Code Ann. § 39-9-90 — SC Code / Title 39 / Chapter 9 / Section 39-9-90
SECTION 39-9-90. Powers of Commissioner of Agriculture.
Status: in_force

When necessary for the enforcement of this chapter or regulations promulgated pursuant to it, the commissioner may: (1) enter commercial premises during normal business hours. If the premises are not open to the public, he first shall present his credentials and obtain consent before making entry. If entry is denied, he may apply for a search warrant from a person authorized to issue it; (2) issue stop-use, hold, and removal orders with respect to weights and measures commercially used and to packaged commodities or bulk commodities kept, offered, or exposed for sale; (3) seize for use as evidence without formal warrant an incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of this chapter or regulations promulgated pursuant to it; (4) stop a commercial vehicle and after presentation of his credentials inspect the contents and require the person in charge of that vehicle to produce documents in his possession concerning the contents and proceed with the vehicle to some specified place for inspection. Effect of Amendment The 1994 amendment made grammatical changes.
S.C. Code Ann. § 39-53-70 — SC Code / Title 39 / Chapter 53 / Section 39-53-70
SECTION 39-53-70. Official labels for blind-made products.
Status: in_force

To facilitate identification of products made by blind persons, any person engaged in the manufacture, distribution or sale of blind-made products shall apply to the Commission for a permit to use an official label approved by the Commission to identify each product made by a blind person.
S.C. Code Ann. § 39-15-460 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-460
SECTION 39-15-460. Unauthorized alteration, change, removal, or obliteration of registered mark or brand.
Status: in_force

If any person shall alter, change, remove or obliterate the registered mark or brand on any field box, crate, container or receptacle other than his own or shall cause or procure the same to be done, with intent to claim the same, to prevent identification thereof by the true owner or to use or to have in his possession any such field box, crate, container or receptacle on which the registered mark or brand has been altered, changed, removed or obliterated, such person shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided for in Section 39-15-480.
S.C. Code Ann. § 39-8-70 — SC Code / Title 39 / Chapter 8 / Section 39-8-70
SECTION 39-8-70. Time limit for bringing action.
Status: in_force

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
S.C. Code Ann. § 39-61-180 — SC Code / Title 39 / Chapter 61 / Section 39-61-180
SECTION 39-61-180. Sale of insurance by club representatives; license requirements.
Status: in_force

A club representative is not required to be a licensed insurance agent in connection with the sale of accidental injury and death benefits or other insurance covering a motor club service, which is issued in conjunction with and as a part of a motor club service contract but must be licensed to sell any other type of insurance.
S.C. Code Ann. § 39-7-10 — SC Code / Title 39 / Chapter 7 / Section 39-7-10
SECTION 39-7-10. Short title.
Status: in_force

This chapter may be known and cited as the "Fair Trade Act." Validity For the validity of this section, see Rogers-Kent, Inc. v. General Electric Co., 231 S.C. 636, 99 S.E.2d 665 (1957).
S.C. Code Ann. § 39-27-10 — SC Code / Title 39 / Chapter 27 / Section 39-27-10
SECTION 39-27-10. Enrichment of certain flour.
Status: in_force

It shall be unlawful for any person, except as hereinafter provided, to manufacture, mix, compound or sell for human consumption in this State any white flour or self-rising flour made from wheat which does not contain the vitamins and other ingredients contained in the following provisions: (1) White flour shall contain in each pound not less than one and sixty-six one-hundredths milligrams and not more than two and five tenths milligrams of vitamin B-1 (thiamine), not less than six milligrams and not more than twenty-four milligrams of nicotinic acid (also recognized under the name of niacin) or nicotinic acid amide (also known under the name of niacin amide) and not less than six milligrams and not more than twenty-four milligrams of iron (Fe); (2) If other vitamins or minerals are added to bread or flour, they shall be added only in accordance with the regulations of the Department of Health, Education and Welfare; (3) These ingredients and amounts are in accordance with the definition of enriched flour as promulgated by the Federal Security Agency (Federal Register, May 27, 1941 pp. 2574 to 2582, and December 3, 1941 pp. 6175 and 6176, postponing the effective date of riboflavin as a required ingredient in enriched flour) and the State Department of Agriculture shall change or add to the specifications for ingredients and the amounts thereof as necessary to conform to changes in the Federal definition of enriched flour; and (4) Iron shall be added only in forms which are harmless and assimilable. The substances referred to in items (1) and (2) of this section may be added in a harmless carrier which does not impair the enriched flour or enriched self-rising flour if such carrier is used only in the quantity necessary to effect an intimate and uniform admixture of such substances with the flour.
S.C. Code Ann. § 39-9-64 — SC Code / Title 39 / Chapter 9 / Section 39-9-64
SECTION 39-9-64. Requirements for method of sale of commodities.
Status: in_force

The Uniform Regulation for the Method of Sale of Commodities adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to the method of sale of commodities in the State, except as modified or rejected by regulation.
S.C. Code Ann. § 39-51-90 — SC Code / Title 39 / Chapter 51 / Section 39-51-90
SECTION 39-51-90. Unlawful acts.
Status: in_force

It shall be unlawful to: (a) Distribute any antifreeze which has not been registered in accordance with Section 39-51-40 or whose labeling is different from that accepted for registration; provided, that registration is not required for the orderly disposal within a reasonable period of stocks of discontinued brands of antifreeze not adulterated or otherwise misbranded which were properly registered in the immediately preceding registration period. (b) Distribute any antifreeze which is adulterated or misbranded. (c) Refuse to permit entry or inspection or to permit the acquisition of a sample of the antifreeze as authorized by Section 39-51-80. (d) Dispose of any antifreeze that is under "withdrawal from distribution" order in accordance with Section 39-51-100. (e) Distribute any antifreeze unless it is in the registrant's or manufacturer's unbroken package or is installed by the seller in the cooling system of the purchaser's vehicle directly from the registrant's or manufacturer's package and the label on such package if less than five gallons, or the labeling of such package if five gallons or more, does not bear the information required by Section 39-51-60 (a), (b), (c) and (d); provided, that the Commissioner may by regulation establish labeling and other reasonable requirements for the sale of a properly registered antifreeze from a bulk container into a container supplied by or for the purchaser. (f) Use the term "ethylene glycol" in connection with the name of a product which contains other glycols unless it is qualified by the word "base", "type", or some such word, and unless the product meets the following requirements: (1) Contains a minimum ethylene glycol content of seventy-five percent by regulation weight. (2) Contains a minimum total glycol content of ninety-three percent by weight. (3) Specific gravity is corrected to give reliable freezing point readings on a commercial ethylene glycol type hydrometer. (4) The freezing points of mixtures containing equal volumes of the antifreeze and water shall not be above -32°F. (g) Refill any container bearing a registered label other than a customer's container, without first obtaining permission from the registrant. (h) Refuse, when requested, to permit a purchaser to see the container from which antifreeze is drawn for installation into the purchaser's vehicle.
S.C. Code Ann. § 39-15-1140 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1140
SECTION 39-15-1140. Registered or renewed marks, public record.
Status: in_force

The secretary shall keep for public examination a record of all marks registered or renewed under this article and a record of all documents recorded pursuant to Section 39-15-1135.
S.C. Code Ann. § 39-35-40 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-40
SECTION 39-35-40. Manufacture and sale of certain imitation butter or cheese permitted.
Status: in_force

Nothing in this article shall be construed to prohibit the manufacture and sale of imitation butter or imitation cheese, under the regulations herein provided, when such imitation butter or cheese has not been manufactured or colored as herein prohibited.
S.C. Code Ann. § 39-53-100 — SC Code / Title 39 / Chapter 53 / Section 39-53-100
SECTION 39-53-100. Sale representatives shall carry credentials.
Status: in_force

Sale representatives calling upon the public to sell or deliver blind-made products shall carry an identification as prescribed by the Commission indicating the name and address of the organization, the name of the individual representative, a description of the individual and a photograph and the registration number indicating that this is a sales permit for products made by a blind craftsman.
S.C. Code Ann. § 39-1-50 — SC Code / Title 39 / Chapter 1 / Section 39-1-50
SECTION 39-1-50. Certain unsolicited merchandise received through mails deemed gift to recipient.
Status: in_force

Any unsolicited merchandise, except stolen merchandise, received through the mails, shall be deemed an absolute gift and the addressee-recipient may retain and use such merchandise without any liability for payment. The provisions of this section shall not apply to ordered merchandise deemed unsatisfactory by the addressee-recipient for any reason or to merchandise received by him by mistake or misdelivery.
S.C. Code Ann. § 39-54-60 — SC Code / Title 39 / Chapter 54 / Section 39-54-60
SECTION 39-54-60. Exceptions.
Status: in_force

This chapter does not apply to: (1) Hearing aid specialists licensed to fit and sell hearing aids pursuant to Chapter 25 of Title 40. Nothing in this chapter is in lieu of or shall conflict with or supersede Chapter 25 of Title 40 and the rights of those persons licensed under Chapter 25 of Title 40 or regulations promulgated pursuant to Chapter 25 of Title 40. (2) Speech pathologists and audiologists licensed to fit and dispense hearing aids pursuant to Chapter 67 of Title 40. Nothing in this chapter is in lieu of or shall conflict with or supersede Chapter 67 of Title 40 and the rights of those persons licensed under Chapter 67 of Title 40 or regulations promulgated pursuant to Chapter 67 of Title 40. (3) Any medical device, surgical device, or organ implanted or transplanted to the consumer.
S.C. Code Ann. § 39-8-20 — SC Code / Title 39 / Chapter 8 / Section 39-8-20
SECTION 39-8-20. Definitions.
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, duties imposed by the common law, statute, contract, license, protective order, or other court or administrative order, or espionage through electronic or other means. (2) "Misappropriation" means: (a) acquisition of a trade secret of another by a person by improper means; (b) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (c) disclosure or use of a trade secret of another without express or implied consent by a person who: (i) used improper means to acquire knowledge of the trade secret; or (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (A) derived from or through a person who had utilized improper means to acquire it; (B) acquired by mistake or under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (3) "Owner" means the person or entity in whom or in which rightful legal or equitable title to the trade secret is reposed. (4) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (5) "Trade secret" means: (a) information including, but not limited to, a formula, pattern, compilation, program, device, method, technique, product, system, or process, design, prototype, procedure, or code that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (b) A trade secret may consist of a simple fact, item, or procedure, or a series or sequence of items or procedures which, although individually could be perceived as relatively minor or simple, collectively can make a substantial difference in the efficiency of a process or the production of a product, or may be the basis of a marketing or commercial strategy. The collective effect of the items and procedures must be considered in any analysis of whether a trade secret exists and not the general knowledge of each individual item or procedure.
S.C. Code Ann. § 39-6-40 — SC Code / Title 39 / Chapter 6 / Section 39-6-40
SECTION 39-6-40. Legislative basis for unfair competition.
Status: in_force

Unfair methods of competition and unfair or deceptive acts or practices are unlawful as provided in Section 39-6-50, Chapters 5 and 7 of Title 39, and the Federal Trade Commission Act.
S.C. Code Ann. § 39-53-80 — SC Code / Title 39 / Chapter 53 / Section 39-53-80
SECTION 39-53-80. Investigation of applicants by Commission.
Status: in_force

Each person making application shall be investigated by the Commission and required to provide such information, in such form as the Commission may require, to determine if such person is engaged in the manufacture or distribution of blind-made products.
S.C. Code Ann. § 39-51-110 — SC Code / Title 39 / Chapter 51 / Section 39-51-110
SECTION 39-51-110. Commissioner may require disclosure of formula of antifreeze.
Status: in_force

The Commissioner may, if required for the analysis of antifreeze for the purposes of registration, require the applicant to furnish a statement of the formula of such antifreeze, unless the applicant can furnish other satisfactory evidence that such antifreeze is not adulterated or misbranded. Such statement need not include inhibitor or other minor ingredients which total less than five percent by weight of the antifreeze, and if over five percent, the composition of the inhibitor and such other ingredients may be given in generic terms. All statements, pertaining to the formula furnished under this section, shall be privileged and confidential and shall not be made public or open to the inspection of any person other than the Commissioner. No such statement shall be subject to subpoena nor shall the same be exhibited or disclosed before any agency or court by virtue of any order or subpoena of an agency or court unless with the consent of the applicant furnishing such statement to the Commissioner. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed fifty dollars for a first offense and in an amount not to exceed one hundred dollars for each subsequent offense.
S.C. Code Ann. § 39-77-60 — SC Code / Title 39 / Chapter 77 / Section 39-77-60
SECTION 39-77-60. Violation of this chapter; enforcement.
Status: in_force

(A) A violation of this chapter constitutes an unfair trade practice pursuant to Section 39-5-20. (B) A public or private right or remedy prescribed by Chapter 5 may be used to enforce this chapter.
S.C. Code Ann. § 39-57-20 — SC Code / Title 39 / Chapter 57 / Section 39-57-20
SECTION 39-57-20. "Business opportunity" defined; exceptions.
Status: in_force

As used in this chapter "business opportunity" means the sale or lease of any products, equipment, supplies, or services which are sold to the purchaser for the purpose of enabling the purchaser to start a business, for which the purchaser is required to pay the seller a fee which exceeds two hundred fifty dollars, and in which the seller represents: (1) that he will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or (2) that he will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using in whole or in part, the supplies, services, or chattels sold to the purchaser; or (3) that he guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity; or that he will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies, or chattels supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or (4) the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity; provided, that this subsection does not apply to the sale or a marketing program made in conjunction with the licensing of a registered trademark or service mark. "Business opportunity" does not include the sale of ongoing businesses when the owner of those businesses sells or intends to sell any portion thereof; provided, a business is not considered an ongoing business unless it has filed income tax returns with the South Carolina Department of Revenue for at least one year; nor does it include the sale of assets or substantially all of the assets of an ongoing business; nor does it include payment for the not-for-profit sale of sales demonstration equipment, material or samples, or where the payment is made for product inventory sold to the purchaser at a bona fide wholesale price; nor does it include the sale or lease of any products, equipment, supplies, or services where the seller has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less than ten million dollars. Effect of Amendment The 1986 amendment made grammatical changes; added "for which the purchaser pays to the seller a fee which exceeds $500," in the introductory paragraph; deleted "That upon payment by the purchaser of a fee or sum of money which exceeds fifty dollars to the seller," from item (4); deleted a provision excluding not-for-profit sales of sales demonstration equipment or materials for $500 or less; and added the provision excluding transactions where the seller has a net worth of not less than ten million dollars. The 1988 amendment made grammatical changes and in the first paragraph changed "five hundred dollars" to "two hundred fifty dollars", and in the last paragraph added language relating to payment for the not-for-profit sale of sales demonstration equipment. The 1993 amendment revised this section by substituting "Department of Revenue" for "Tax Commission".
S.C. Code Ann. § 39-59-50 — SC Code / Title 39 / Chapter 59 / Section 39-59-50
SECTION 39-59-50. Limitations upon repurchase of certain inventory.
Status: in_force

The provisions of this chapter do not require the repurchase from a retailer of: (1) Any repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, but not industrial "press on" or industrial pneumatic tires; (2) Any single repair part which is priced as a set of two or more items; (3) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning; (4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer, or distributor, of clear title, free and clear of all claims, liens, and encumbrances; (5) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so; (6) Any farm implements, machinery, utility, and industrial equipment, and attachments which are not in new, unused, undamaged, complete condition; (7) Any repair parts which are not in new, unused, undamaged condition; (8) Any farm implements, machinery, utility, and industrial equipment, yard, and garden equipment, or attachments which were purchased thirty-six months or more prior to notice of termination of the contract; (9) Any inventory which was ordered by the retailer on or after the actual receipt of the date of notification of termination of the contract; (10) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.
S.C. Code Ann. § 39-1-40 — SC Code / Title 39 / Chapter 1 / Section 39-1-40
SECTION 39-1-40. Photographic copies of business instruments or records.
Status: in_force

Any person doing business in this State may photograph on film, or on paper which meets the minimum standards of quality approved for photographic records of the National Bureau of Standards, any instrument or record in writing used in or acquired in the conduct of his business. The original of any instrument or record so photographed may be disposed of or destroyed, but the photographs of such instruments or records shall be preserved or kept as may now be provided by law relating to the originals.
S.C. Code Ann. § 39-5-39 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-39
SECTION 39-5-39. Attorney advertising in false, deceptive, or misleading manner.
Status: in_force

Notwithstanding another provision of law, it is an unlawful trade practice, pursuant to Section 39-5-20, for an attorney to advertise his services in this State in a false, deceptive, or misleading manner including, but not limited to, the use of a nickname that creates an unreasonable expectation of results.
S.C. Code Ann. § 39-11-120 — SC Code / Title 39 / Chapter 11 / Section 39-11-120
SECTION 39-11-120. Contents of certificates; penalty for alterations.
Status: in_force

Certificates of weights and measures issued by public weighmasters shall contain the accurate and correct weight or measure or count of any and all commodities or products weighed or measured or counted. Any public weighmaster who alters the certificate is guilty of a misdemeanor. Effect of Amendment The 1997 amendment rewrote this section.
S.C. Code Ann. § 39-35-70 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-70
SECTION 39-35-70. Possession of unmarked imitations prohibited.
Status: in_force

No person shall have in his possession or control any substance designed to be used as a substitute for butter or for cheese unless the tub, box or other vessel containing such substance shall be clearly and durably marked as provided in Section 39-35-60. But this section shall not apply to a person who has such imitation butter or imitation cheese in his possession for the actual consumption of himself or his family.
S.C. Code Ann. § 39-5-80 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-80
SECTION 39-5-80. Additional powers of Attorney General.
Status: in_force

To accomplish the objectives and to carry out the duties prescribed by this article, the Attorney General, in addition to other powers conferred upon him by this article, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such rules and regulations as may be necessary, which rules and regulations shall have the force and effect of law; provided, however, that none of the powers conferred by this article shall be used for the purpose of compelling any person to furnish testimony or evidence which might tend to incriminate him or subject him to a penalty or forfeiture; and provided, further, that information obtained pursuant to the powers conferred by this article shall not be made public or disclosed by the Attorney General or his employees beyond the extent necessary for law-enforcement purposes in the public interest.
S.C. Code Ann. § 39-33-1290 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1290
SECTION 39-33-1290. Interference with enforcement of article.
Status: in_force

It shall be unlawful for any person, either for himself or as an officer, servant, agent or employee of any other person, to interfere in any manner with any duly authorized agent of the Commissioner of Agriculture, to refuse entry to such agent or to interfere in any way so as to hinder or prevent such agent from carrying out any of the provisions of this article.
S.C. Code Ann. § 39-73-330 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-330
SECTION 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain.
Status: in_force

(A) This chapter must be administered by the South Carolina Attorney General. (B) The administrator and his employees may not use information filed with or obtained by the administrator which is not public information for personal gain or benefit and may not conduct securities or commodity dealings based upon the information, even though public, if there has not been sufficient time for the securities or commodity markets to assimilate the information. (C)(1) Except as provided in item (2), all information collected, assembled, or maintained by the administrator is public information and is available for examination by the public. (2) The following information is confidential and an exception to item (1): (a) information obtained in private investigations pursuant to Section 39-73-310; (b) information made confidential by the Freedom of Information Act; (c) information obtained from federal agencies which must not be disclosed under federal law. (3) The administrator in his discretion may disclose information made confidential under subsection (C)(2)(a) to persons identified in Section 39-73-335(A). (4) This chapter does not create or derogate a privilege which exists at common law, by statute, or otherwise when documentary or other evidence is sought under subpoena directed to the administrator or his employees. Effect of Amendment 2025 Act No. 67, SECTION 7, in (A), substituted "Attorney General" for "Secretary of State".
S.C. Code Ann. § 39-75-30 — SC Code / Title 39 / Chapter 75 / Article 1 / Section 39-75-30
SECTION 39-75-30. Labeling of tire designed for regrooving.
Status: in_force

A tire designed and constructed for regrooving shall be labeled on one sidewall with the word "REGROOVABLE".
S.C. Code Ann. § 39-5-560 — SC Code / Title 39 / Chapter 5 / Article 5 / Section 39-5-560
SECTION 39-5-560. Penalty.
Status: in_force

Any person violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than ten thousand dollars or be imprisoned for not more than six months.
S.C. Code Ann. § 39-25-170 — SC Code / Title 39 / Chapter 25 / Section 39-25-170
SECTION 39-25-170. Advertisement deemed false.
Status: in_force

An advertisement of a food, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
S.C. Code Ann. § 39-53-30 — SC Code / Title 39 / Chapter 53 / Section 39-53-30
SECTION 39-53-30. Falsely representing products to be blind-made products is unlawful.
Status: in_force

It shall be unlawful for any person to sell, or offer to sell, any merchandise or other products, which are represented to be blind-made products, unless the merchandise or other products have been actually made or manufactured by blind persons.
S.C. Code Ann. § 39-29-20 — SC Code / Title 39 / Chapter 29 / Section 39-29-20
SECTION 39-29-20. Ingredients of corn meal and corn grits.
Status: in_force

It shall be unlawful for any person, except as hereinafter provided, to sell, offer for sale or exchange for any services or goods in this State any corn meal or corn grits which does not conform to the following provisions: (1) Each pound of corn meal and each pound of corn grits shall contain not less than two milligrams and not more than three milligrams of vitamin B-1 (thiamine), not less than one and two-tenths milligrams and not more than one and eight-tenths milligrams of riboflavin, not less than sixteen milligrams and not more than twenty-four milligrams of niacin or niacin amide and not less than thirteen milligrams and not more than twenty-six milligrams of iron; and (2) Each pound of corn meal and each pound of corn grits may contain both or either of the following optional ingredients (a) not less than two hundred fifty U.S.P. units and not more than one thousand U.S.P. units of vitamin D and (b) not less than five hundred milligrams and not more than seven hundred fifty milligrams of calcium. But the Commissioner may change the specifications of either the required or the optional ingredients and the amounts thereof as provided in Section 39-29-80.