S.C. Code Ann. § 46-41-260 — SC Code / Title 46 / Chapter 41 / Article 2 / Section 46-41-260
SECTION 46-41-260. Establishment of South Carolina Agricultural Commodities Advisory Commission; membership; vacancies; meetings.
Status: in_force

(A) There is established within the Department of Agriculture the South Carolina Agricultural Commodities Advisory Commission to make recommendations to the department regarding the duties of the department in administering the Grain and Cotton Producers Guaranty Fund. (B) The advisory commission shall consist of ten members, one of whom shall be the Commissioner of Agriculture, ex officio, and nine of whom shall be appointed by the commissioner, upon the advice and consent of the Senate. The commissioner shall appoint a: (1) warehouseman or cotton ginner; (2) producer upon the recommendation of the South Carolina Corn and Soybean Association; (3) producer upon the recommendation of the South Carolina Farm Bureau Federation; (4) financier who is familiar with the financing of businesses that store or market the commodities that are regulated under this chapter upon the recommendation of a South Carolina financial institution with an agricultural background; (5) commodity trader who executes future trades related to a hedging program for purchases or sales of commodities regulated under this chapter; (6) owner or operator of an elevator that handles agricultural commodities; (7) owner or operator of an inland elevator or barge-loading river facility or a licensed South Carolina grain dealer upon the recommendation of the South Carolina Palmetto Agribusiness Council; (8) producer appointed upon the recommendation of the South Carolina Poultry Federation; (9) cotton merchant appointed from the State at large; and (10) cotton producer appointed upon the recommendation of the South Carolina Board of the Southern Cotton Growers, Inc. (C) The commissioner shall serve as chairman of the commission. (D) Except as provided herein, vacancies shall be filled in the same manner as original appointments for the unexpired portion of the term. When a vacancy occurs, the organization authorized to make recommendations to the commissioner for an appointment to the vacant position shall make its recommendation to the commissioner within sixty days after the vacancy occurs. The commissioner shall then appoint a new member to fill the vacancy no later than sixty days after receiving the recommendation. If the commissioner fails to appoint a new member within sixty days, the Governor may appoint the new member. Members appointed by the Governor shall enjoy all of the powers, duties, rights, and privileges as members appointed by the commissioner. An appointment made by the Governor pursuant to this section may not be made pursuant to the provisions contained in Section 1-3-210. (E) The commission shall meet four times per calendar year but may meet more frequently upon the call of the chairman. Five members shall constitute a quorum for the transaction of official business. All official actions of the commission shall require the affirmative vote of five members of the commission. Appointed members of the commission shall be entitled to receive a per diem not in excess of forty dollars and to be reimbursed for mileage expenses in accordance with the same travel regulations applying to state employees. Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments."
S.C. Code Ann. § 46-25-830 — SC Code / Title 46 / Chapter 25 / Article 11 / Section 46-25-830
SECTION 46-25-830. Reports of sales to nonregistrants.
Status: in_force

The registrant or guarantor transacting, distributing, or selling commercial fertilizer to a nonregistrant shall mail to the commission or its duly authorized representative a report showing the following information: name and county of consignee, amount (tons) by grade, and analysis of commercial fertilizer. The report must be made on a special summary form provided by the commission. Registrants using computers or other mechanical means of compiling accurate fertilizer tonnage data, upon approval of the commission, may submit a summary of the tonnage, along with all other information required for the reporting system, other than the name of the consignee, not later than fifteen days after the first of the following month, in lieu of the special summary form as otherwise required.
S.C. Code Ann. § 46-30-290 — SC Code / Title 46 / Chapter 30 / Article 3 / Section 46-30-290
SECTION 46-30-290. Tobacco Community Development Board exempt from Administrative Procedures Act.
Status: in_force

The board and its actions are not subject to Chapter 23 of Title 1, the Administrative Procedures Act.
S.C. Code Ann. § 46-25-570 — SC Code / Title 46 / Chapter 25 / Article 7 / Section 46-25-570
SECTION 46-25-570. Wet or bad mechanical condition.
Status: in_force

No commercial fertilizer shall be offered for sale which contains such an amount of water as to render the handling or manipulation of such commercial fertilizer difficult, or to cause the clogging of fertilizer distributors by reason of its bad mechanical condition; such wet or bad mechanical condition of any commercial fertilizer shall be carefully observed by all fertilizer inspectors at the time of drawing their samples, and be reported to the commission or its duly authorized representative, who, if it confirms the opinion of the inspector, shall forbid the sale of that lot so inspected.
S.C. Code Ann. § 46-10-100 — SC Code / Title 46 / Chapter 10 / Section 46-10-100
SECTION 46-10-100. Penalties.
Status: in_force

(A) A person who violates Section 46-10-60 or who alters, forges, counterfeits, or uses without authority a certificate, a permit, or other document provided for in this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court. (B) A person who knowingly moves a regulated article into this State from a quarantined area of another state which has not been treated or handled under provisions of the quarantine and regulations in effect at the point of origin is guilty of a misdemeanor and, upon conviction, must be punished as in subsection (A). Effect of Amendment 2017 Act No. 31, SECTION 3, in (A), deleted "or in regulations of the commission" following "in this chapter".
S.C. Code Ann. § 46-40-40 — SC Code / Title 46 / Chapter 40 / Section 46-40-40
SECTION 46-40-40. State Treasurer to administer fund; presentation of claims against Southern Soya Corporation; time for filing; verification; relation to other funds; subrogation.
Status: in_force

(A) The State Treasurer shall administer the investment of the fund. The department shall administer the collection of assessments and investigate losses for which payment is requested. After verifying a grain dealer's losses, the department shall request that payment for verified losses be made by the State Treasurer to the grain dealer incurring a loss and maintain records of payments made. The fund must be established for the benefit of grain dealers who have delivered grain to the debtor and compensate them for losses relative to grain delivered to the debtor. All income or interest derived from this fund must be reinvested in the fund. (B) A grain dealer who has not previously filed a claim in this matter within ninety days after the effective date of this chapter shall present his claim for the losses incurred for grain which has been delivered to the debtor, which must be under oath, to the department on a form supplied by the department. All claims must be filed within ninety days after the effective date of this chapter or they are barred from recovery under this fund. To verify his claim, the grain dealer shall present any evidence of loss including, but not limited to, scale tickets. The price for each bushel of grain must be established on the day of the loss and must be for the fair market value on that day at the location of loss. The price for each bushel may not be higher than the contract price, if a price has been established. All grain dealers filing claims under this section are bound by the value determined by the department. (C) If a claim has previously been denied or if a claim is pending with the department and is not subject to payment from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund, these claims must be considered for payment from this fund. (D) The department within thirty days from verification of loss shall request payment of one hundred percent of the approved claim. (E) Upon approval of his claim by the department, the grain dealer shall subrogate his interest, if any, to the department in a cause of action against the debtor. All monies received from subrogation of these claims must be reinvested in the fund.
S.C. Code Ann. § 46-41-150 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-150
SECTION 46-41-150. Employment of help and services.
Status: in_force

The Commissioner may employ all help and services as may be necessary and fix their compensation.
S.C. Code Ann. § 46-23-70 — SC Code / Title 46 / Chapter 23 / Section 46-23-70
SECTION 46-23-70. Cooperation with other governments and agencies.
Status: in_force

The commission is authorized to cooperate with the federal government, state agencies, farmers' organizations, other groups, and individuals in the conduction of those operations necessary to accomplish the purposes of this chapter. The commission is further authorized to cooperate with the governments of other states in carrying out necessary surveys, control operations, or quarantine measures, deemed necessary to eradicate, suppress, control, or retard the spread of noxious weeds, whenever the commission determines that such cooperation with the officials in other states is necessary or desirable to protect the interests of this State.
S.C. Code Ann. § 46-29-10 — SC Code / Title 46 / Chapter 29 / Section 46-29-10
SECTION 46-29-10. United States cotton standards adopted.
Status: in_force

The official cotton standards of the United States, as established and promulgated from time to time by the Secretary of Agriculture of the United States, shall, while they are in effect, be the official cotton standards of this State.
S.C. Code Ann. § 46-27-810 — SC Code / Title 46 / Chapter 27 / Article 11 / Section 46-27-810
SECTION 46-27-810. Declaration of purpose.
Status: in_force

This article is designed to fully cover all preparations commonly known as condimental, patented, proprietary or trademarked stock or poultry tonic, stock or poultry regulators, stock or poultry conditioners, stock or poultry remedies and all similar preparations used for tonic, regulative, remedial or conditional purposes, and to protect the public from deception and fraud in the sale of these specific products.
S.C. Code Ann. § 46-3-140 — SC Code / Title 46 / Chapter 3 / Section 46-3-140
SECTION 46-3-140. Annual report of department's work.
Status: in_force

The Commissioner shall make and submit to the Governor, on or before the tenth day of January of each year, a report covering the Department's work of the preceding year and the report shall be transmitted to the General Assembly, printed in the same manner as other public documents or as shall otherwise be ordered.
S.C. Code Ann. § 46-17-160 — SC Code / Title 46 / Chapter 17 / Section 46-17-160
SECTION 46-17-160. When Commission may amend or suspend agreement or order.
Status: in_force

The Commission may, upon the advice of the commodity board serving under any agreement or order and without opportunity for public hearing or referendum as herein provided: (a) Amend any marketing agreement or order as to any minor matter or wording which does not substantially alter the provisions and intention of such agreement or order; (b) Suspend any such agreement or order or term or provision thereof for a period of not to exceed one year, if the Commission upon the advice of the commodity board, finds that such suspension will tend to effectuate the declared policy of this chapter; provided, that any suspension of such agreement or order shall be effective only until the end of the then current marketing season.
S.C. Code Ann. § 46-9-60 — SC Code / Title 46 / Chapter 9 / Section 46-9-60
SECTION 46-9-60. Powers and duties of commission upon finding or suspecting infestation; quarantines; effect of quarantines.
Status: in_force

(A) When the commission finds an article infested or reasonably believed to be infested or a host or plant pest existing on premises or in transit in this State, upon giving notice to the owner or the person in possession, it may seize, quarantine, treat, or otherwise dispose of the plant pest, host, or article in a manner the commission considers necessary to suppress, control, or eradicate or to prevent or retard the spread of the plant pest, or the commission may order the owner or person in possession to treat or otherwise dispose of the plant pest, host, or article. The owner of property destroyed or ordered to be treated or otherwise disposed of under this section, in an action against this State in the appropriate court for the county in which the property was located, may recover just compensation for property destroyed or the reasonable costs of disposal if he establishes that the property was not a pest, host, or infested article. The State has a lien, equal in dignity to a tax lien, on property treated to the extent of the value of the treatment provided, exclusive of the salary costs of commission employees. (B) The commission may quarantine the State or a portion of it when it determines that the action is necessary to prevent or retard the spread of a plant pest within or from this State and quarantine another state or portion of it whenever it determines a plant pest exists in it and that the action is necessary to prevent or retard its spread into this State. In quarantining in this State the commission is bound by the Administrative Procedures Act. In quarantining in another state the commission may rely upon a similar quarantine imposed by the appropriate agency of that state's government or the federal government, and the implementing regulation is exempt from submission to the General Assembly. However, the regulation automatically expires thirty days after the date of expiration of the quarantine upon which it was based. The commission may quarantine the entire State or may limit the quarantine to the infested area and the regulated area and without further hearing may extend or decrease the infested or the regulated areas, whether or not the new area is contiguous to the old, upon discovery of the plant pest in a new location. The action is effective upon publication of a notice to that effect in newspapers it selects in the newly-affected area or by direct written notice to those concerned. In delineating geographic areas under this section, the commission shall consider those geographic districts established by Section 22-2-190. (C) Following establishment of the quarantine, no person may move a regulated article described in the quarantine or move the plant pest against which the quarantine is established within, from, into, or through this State contrary to regulations promulgated by the commission. Notice of the regulations must be published in newspapers in the quarantined area the commission selects. The regulations may restrict the movement of the plant pest and regulated articles from the quarantined or regulated area in this State into or through other parts of this State or other states and from the quarantined or regulated area in other states into or through this State and shall impose inspection, disinfection, certification, or permit and other requirements the commission considers necessary to effectuate the purposes of this chapter.
S.C. Code Ann. § 46-1-10 — SC Code / Title 46 / Chapter 1 / Section 46-1-10
SECTION 46-1-10. Definitions.
Status: in_force

1. The terms "agriculture, agricultural purposes, agricultural uses, farm crops, cultivated crops" or words of similar import shall include horticulture, floriculture, and aquaculture. Words of similar import applicable to agriculture are likewise applicable to horticulture, floriculture, aquaculture. 2. The term "aquaculture" means the cultivation, production, or marketing of domesticated aquatic organisms. 3. The term "domesticated aquatic organism" means any fish, aquatic invertebrate, or aquatic plant that is spawned, produced, or marketed as a cultivated crop in the waters of this State.
S.C. Code Ann. § 46-40-90 — SC Code / Title 46 / Chapter 40 / Section 46-40-90
SECTION 46-40-90. Continuation of fund; limitations on assessments; payment of claims; time limit for filing claims; verification of loss.
Status: in_force

(A) From the effective date of this chapter until the time the department determines that all approved claims against the debtor as defined in Section 46-40-20(4) have been paid and that all monies received from the Insurance Reserve Fund or state general fund under Section 46-40-50 have been repaid in full with interest as required, all monies in the fund must be used only to pay claims against this debtor. At this time, the fund shall continue in the manner provided in this section, for the benefit of grain dealers who suffer losses against other debtors as a result of bankruptcy, embezzlement, or fraud with the monies in the fund at this time to be retained therein for this purpose. However, when all monies received from the Insurance Reserve Fund or state general fund under Section 46-40-50 have been repaid, the rate of assessment shall drop from two cents each bushel to one cent each bushel. (B) The assessments provided for in this chapter after the fund becomes available for the payment of claims against other debtors shall continue until the fund reaches three million dollars. If the three million dollar balance is attained prior to the end of harvest season, the assessments shall continue until the end of that season. However, a grain dealer who has not paid assessments into the fund, or forfeited collateral, in an amount at least equal to loss payments he has received, shall continue to pay assessments until the assessments equal the loss payments he received. The assessments shall be reinstated as necessary to maintain a balance of three million dollars in the fund. (C) Claims shall be paid in the order in which they are verified and approved by the department. If there is an insufficient amount of money in the fund to cover all claims, in the manner provided in this section, payments must be made on a pro rata basis up to one hundred percent of the total loss of each grain dealer. If payment is not received in the amount of one hundred percent of total loss, then additional amounts must be paid as funds become available until payment of one hundred percent of total loss is attained. However, a grain dealer may only receive payments for losses in an amount that does not exceed the total of the assessments he has paid into the fund and the value of collateral used to secure repayment of the loss payment. If, however, additional monies are deposited into the fund from grants or any other source, each grain dealer shall have his amount of outstanding debt reduced pro rata using these additional funds. If at any time a grain dealer receives payment for more than one hundred percent of total loss, such excess shall immediately be returned to the fund. (D) For purposes of paying claims, grain dealers must file their claims with the department within ninety days after their date of loss and the term "debtor" under this section means any grain dealer who has filed a petition for bankruptcy or who has committed embezzlement or fraud. Date of loss means the date the debtor filed a petition for bankruptcy or the date the department determined an embezzlement or fraud occurred, and the term "loss" does not include any monetary losses for grain delivered to the debtor more than one year before the date of loss. The department in pursuing claims subrogated by grain dealers who have received payments from the fund may hire independent attorneys to pursue these subrogated claims to be paid from any recovery or from monies in the fund. For losses resulting from an embezzlement or fraud, unless the grain dealer who occasioned the loss has been convicted of embezzlement or fraud pursuant to judicial proceedings, the department, in conjunction with the State Auditor's Office, shall conduct a financial audit of the grain dealer to verify the loss before it may request payment from the fund. The fund must bear all expenses incurred in conducting the audit. Otherwise, except as modified by the provisions of this section, the payment of assessments, claims, and the administration of the fund shall be as provided in this chapter and the provisions of this chapter shall apply to such transactions mutatis mutandis.
S.C. Code Ann. § 46-25-1090 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1090
SECTION 46-25-1090. Forfeiture for selling, transporting, or receiving improperly branded, tagged, or misbranded fertilizer.
Status: in_force

Every person or common carrier who shall sell, offer for sale, or transport in this State any commercial fertilizer without being properly branded or having attached thereto such labels and tags, as required by law, or any person who shall receive any such fertilizer may be required to forfeit to the State a sum not to exceed the selling price of each separate package sold, offered for sale, or received, to be recovered by suit brought in the name of the State in any court of competent jurisdiction. Such forfeitures, when collected, shall be paid to the State Treasurer, who shall hold them subject to the order of the commission. Provided, further, that the penalty defined in this section shall apply also to any misbranded fertilizer, a fertilizer being deemed to be misbranded if it carries any false or misleading statement upon or attached to the package.
S.C. Code Ann. § 46-21-1010 — SC Code / Title 46 / Chapter 21 / Article 13 / Section 46-21-1010
SECTION 46-21-1010. Claims required to be submitted to arbitration; notice; effect of arbitration.
Status: in_force

(A) When a buyer claims to have been damaged by the failure of seed for planting to produce or perform as represented by the label required to be attached to seed pursuant to Section 46-21-215, or by warranty, or as a result of negligence, as a prerequisite to the buyer's right to maintain a legal action against the dealer or another seller of the seed, the buyer shall first submit the claim to arbitration as provided in Section 46-21-1010(C)(2). The applicable period of limitations with respect to the claim must be tolled until ten days after the filing of the report of arbitration with the Commissioner as provided in Section 46-21-1020. No claim may be asserted as a counterclaim or defense in an action brought by a seller against a buyer, until the buyer has submitted a claim to arbitration as provided in this section and in Section 46-21-1020. Upon the buyer's filing of a written notice of intention to assert the claim as a counterclaim or defense in the action, accompanied by a copy of the buyer's complaint in arbitration filed pursuant to Section 46-21-1020(B)(1), the action must be stayed, and the applicable statute of limitations must be suspended with respect to the claim, until ten days after the filing of the report of arbitration with the Commissioner as provided in Section 46-21-1020. (B) The following notice or calling attention to the requirement for arbitration pursuant to this section must be included on the analysis label required pursuant to Section 46-21-215, or attached to or printed on the seed bag or package. Arbitration is not required unless this notice is included: "NOTICE ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES Pursuant to the seed law of several states arbitration, mediation, or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the required filing fee, if applicable, with the Commissioner of Agriculture, Seed Commissioner, or Chief Agricultural Officer within that time as to permit inspection of the crops, plants, or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint must be sent to the seller by certified or registered mail or as otherwise provided by state statute." (C) Effect of arbitration. (1) The report of arbitration is binding upon all parties who have agreed to binding arbitration in a contract governing the sale of the seed. (2) In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert the claim as a counterclaim or defense in an action brought by the seller, at any time after the receipt of the report of arbitration. (3) In litigation involving a complaint which has been the subject of arbitration pursuant to this section, a party may offer into evidence the facts of the arbitration report. The court may give weight to the committee's findings and recommendations as to damages and costs as the court may see fit based upon all the evidence before the court. The court also may consider the findings of the committee with respect to the failure of a party to cooperate in the arbitration proceedings, including the findings as to the effect of delay in filing the arbitration claim upon the committee's ability to determine the facts of the case.
S.C. Code Ann. § 46-27-10 — SC Code / Title 46 / Chapter 27 / Article 1 / Section 46-27-10
SECTION 46-27-10. Short title.
Status: in_force

This chapter shall be known and cited as the "South Carolina Commercial Feed Act."
S.C. Code Ann. § 46-39-140 — SC Code / Title 46 / Chapter 39 / Section 46-39-140
SECTION 46-39-140. Powers of association.
Status: in_force

The association provided for in this chapter shall have the following powers: (1) To have succession by its corporate name for the period limited in its charter and when no period is limited in perpetuity. (2) To sue and be sued. (3) To use a common seal and to alter it at pleasure. (4) To hold, purchase, lease, mortgage, or otherwise dispose of and convey such real and personal estate as the business of the association requires. (5) To make contracts under such regulations as may be fixed in the bylaws of the association possessing the same powers in such respects as individuals now enjoy. (6) To borrow money for the purpose of carrying out the objects of its charter, to make notes, bonds or other evidences of debt and to secure the payment of its obligations by mortgage or deed of trust on any or all of its property and franchises, both real and personal. (7) To appoint such subordinate officers and agents as the business of the association requires, prescribe their duties and fix their compensation. (8) To make bylaws not inconsistent with any existing law for the transfer of its stock, the management of its property or the regulation of its affairs. (9) To expel or suspend members or associates. (10) Construct, repair, maintain, operate and lease or rent houses, dormitories, community rooms, dining halls, infirmaries, educational or assembly buildings and any other related buildings, including those used for heating, bathing facilities or domestic water supply. (11) The board of directors of the association is authorized to levy assessments or other charges as they may determine, as a source of income, against the stockholders in proportion to the number of shares of stock held by each such stockholder.
S.C. Code Ann. § 46-41-80 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-80
SECTION 46-41-80. Consignment of products to another commission merchant or broker without consent of consignor prohibited.
Status: in_force

No dealer in agricultural products or commission merchant to whom any consignment of an agricultural product by a South Carolina producer, his agent or representative, has been made shall consign such consignment to another commission merchant or broker and receive, collect, or charge more than one commission or brokerage for making the sale thereof for the consignor, unless by written consent by such consignor.
S.C. Code Ann. § 46-17-440 — SC Code / Title 46 / Chapter 17 / Section 46-17-440
SECTION 46-17-440. Cooperation with other states and with United States.
Status: in_force

The Commission and the commodity board are authorized to cooperate with the authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of Federal and State marketing regulations, and the Commission shall conduct joint hearings, issue joint or concurrent marketing agreements or orders when properly approved.
S.C. Code Ann. § 46-33-50 — SC Code / Title 46 / Chapter 33 / Section 46-33-50
SECTION 46-33-50. Annual license tax on out-of-state shippers.
Status: in_force

Any person to whom the provisions of Section 46-33-10 apply shall pay an annual license tax of one hundred dollars to do business in this State, such amount to be paid to the State Treasurer who shall issue a receipt for it.
S.C. Code Ann. § 46-31-120 — SC Code / Title 46 / Chapter 31 / Section 46-31-120
SECTION 46-31-120. Subsequent referendum when preceding one unsuccessful.
Status: in_force

If the referendum is not supported by two-thirds or more of those eligible for participation and voting in the referendum, the board of directors of Tobacco Associates, Incorporated, in its discretion, may call another referendum for the purposes in this chapter set forth in any succeeding year.
S.C. Code Ann. § 46-27-690 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-690
SECTION 46-27-690. "Permitted analytical variation" defined.
Status: in_force

The term "permitted analytical variation", as stated in Section 46-27-680, means allowance for the inherent variability in sampling and laboratory analysis in guaranteed components. Manufacturing variations and their effect on the guaranteed components are not included in such values.
S.C. Code Ann. § 46-25-820 — SC Code / Title 46 / Chapter 25 / Article 11 / Section 46-25-820
SECTION 46-25-820. Annual registration fee and inspection tax on packages containing ten pounds or less.
Status: in_force

On individual packages of commercial fertilizer containing ten pounds or less, there must be paid in lieu of the fifty cents a ton inspection tax a combined annual registration fee and inspection tax of sixty dollars for each brand and grade sold or distributed. Where fertilizer is sold or distributed in packages of ten pounds or less as well as in packages over ten pounds, this annual registration and inspection tax of sixty dollars applies only to that portion sold in packages of ten pounds or less. That portion sold in packages over ten pounds is subject to the same regulation requirement provided in Section 46-25-210 and an inspection tax as provided in Section 46-25-810.
S.C. Code Ann. § 46-49-60 — SC Code / Title 46 / Chapter 49 / Section 46-49-60
SECTION 46-49-60. Issuance of licenses by Department of Agriculture; suspension or revocation of licenses; monetary penalties.
Status: in_force

A distributor shall not engage, either directly or indirectly, in doing business in any market until he has applied for and obtained a license from the department. A store is not required to make application for a license but is considered to be a de facto licensee as required in this chapter. The department may classify licensees and may issue licenses to distributors to produce, receive, process, manufacture, or sell any of the products covered by this chapter in any particular market. The department may decline to grant a license or may suspend or revoke a license already granted upon due notice and after a hearing before the department whenever the applicant or licensee has violated regulations issued by the Department of Health and Environmental Control, or any provisions of this chapter. The department may, in lieu of license suspensions, invoke a penalty of not less than fifty dollars nor more than five thousand dollars. All receipts from the penalties must be paid by the department to the State Treasurer.
S.C. Code Ann. § 46-17-310 — SC Code / Title 46 / Chapter 17 / Section 46-17-310
SECTION 46-17-310. Levy of assessments; maximum total annual assessment.
Status: in_force

There is hereby levied, and the Commission shall collect, upon each affected unit of any agricultural commodity specified in any marketing agreement or order an annual assessment which shall be paid by the producer upon each unit sold or marketed by him. Such assessments shall be expressed as a stated amount of money per unit. The total amount of such annual assessment to be paid by all producers of such commodity shall not exceed five percent of the total market value of all affected units sold or marketed or delivered for sale or marketing by all producers of such units during the year to which the assessment applies.
S.C. Code Ann. § 46-1-150 — SC Code / Title 46 / Chapter 1 / Section 46-1-150
SECTION 46-1-150. Time for compliance with Section 46-1-140.
Status: in_force

Any person using an irrigation system on June 6, 1986 shall bring it into compliance with the provisions of Section 46-1-140 of the 1976 Code within two years of June 6, 1986.
S.C. Code Ann. § 46-31-140 — SC Code / Title 46 / Chapter 31 / Section 46-31-140
SECTION 46-31-140. Alternate methods for assessments.
Status: in_force

If the board of directors of Tobacco Associates finds that it is not reasonably feasible to base the authorization, making, or collection of an assessment on a "per acre" unit, it may by an affirmative vote of not less than two-thirds of its members, which vote shall include the affirmative vote of not less than two-thirds of the board members who were elected by South Carolina farm organizations, use a "tobacco poundage" unit as the basis for the authorization, making, or collection of an assessment. No assessment may exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer. The amount of any alternate assessment based upon a "tobacco poundage" unit as permitted by the provisions of this section must not be related to or limited by the amount of the assessment which could be authorized, made, or collected if it were based upon a "per acre" unit.
S.C. Code Ann. § 46-10-30 — SC Code / Title 46 / Chapter 10 / Section 46-10-30
SECTION 46-10-30. Administration of chapter; rules and regulations.
Status: in_force

The commission shall administer the provisions of this chapter. The commission may assign functions provided for in this chapter to any unit of the commission and delegate any authority provided for in this chapter to any officer or employee thereof, to be exercised under its general supervision. The commission shall promulgate such rules and regulations as are necessary for the efficient execution of the provisions in this chapter. This chapter is subject to all the provisions of the Administrative Procedures Act (Sections 1-23-10 et seq.).
S.C. Code Ann. § 46-13-170 — SC Code / Title 46 / Chapter 13 / Section 46-13-170
SECTION 46-13-170. Inspection of premises; legal actions; "stop sale, use, or removal" orders.
Status: in_force

(A) For the purpose of carrying out the provisions of this chapter, the Director or his designated agents may enter upon any public or private premises at reasonable times, by consent or by warrant in order to carry out any of the provisions of this chapter. Before undertaking such inspection, the officers or employees must present to the owner, operator, or agent in charge appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected an alternate and sufficient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained and, if requested, a portion of such sample equal in volume or weight to the portion retained. If an analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. (B) For purposes of enforcing the provisions of this chapter and upon a showing to an officer or court of competent jurisdiction that there is reason to believe that the provisions of this chapter have been violated, officers or employees duly designated by the Director are empowered to obtain and to execute warrants authorizing: (1) entry for the purpose of this section; (2) inspection and reproduction of all records showing quantity, date of shipment, and the name of consignor and consignee of any pesticide or device found which is adulterated, misbranded, not registered (in the case of a pesticide) or otherwise in violation of this chapter and in the event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the pesticide or device; and (3) the seizure of any pesticide or device which is in violation of this chapter. (C)(1) The examination of pesticides or devices shall be made in such place as the Director may designate for the purpose of determining from such examinations whether they comply with the requirements of this chapter. If it shall appear from any such examination that they fail to comply with the requirements of this chapter, the Director shall cause notice to be given to the person against whom criminal or civil proceedings are contemplated. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the Director it appears that the provisions of this chapter have been violated by such person, then the Director shall certify the facts to the appropriate authorities, with a copy of the results of the analysis or the examination of such pesticide. (2) The notice of contemplated proceedings and opportunity to present views set forth in this subsection are not prerequisites to the institution of any proceeding by the Director. (3) Nothing in this chapter shall be construed as requiring the director to institute proceedings for prosecution of minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning. (D) When the Director has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this chapter, or of any of the prescribed regulations under this chapter, he may issue and serve a written "stop sale, use, or removal" order upon the owner or custodian of any such pesticide or device. If the owner or custodian is not available for service of the order upon him, the Director may attach the order to the pesticide or device and notify the registrant. The pesticide or device shall not be sold, used, or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing under conditions specified by the Director or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
S.C. Code Ann. § 46-7-80 — SC Code / Title 46 / Chapter 7 / Section 46-7-80
SECTION 46-7-80. Assent to act of Congress providing for research and cooperative extension work.
Status: in_force

The assent of the General Assembly of this State, required by "An Act to Provide for Research into Basic Laws and Principles Relating to Agriculture and to Provide for the Further Development of Cooperative Agricultural Extension Work and the more Complete Endowment and Support of Land-Grant Colleges," approved June 29, 1935 (Public No. 182 - 74th Congress), was given to the provisions and requirements of the act on April 18, 1936.
S.C. Code Ann. § 46-41-250 — SC Code / Title 46 / Chapter 41 / Article 2 / Section 46-41-250
SECTION 46-41-250. Election not to participate in fund; application for exemption.
Status: in_force

(A) Notwithstanding any other provision of this chapter, any producer may elect not to participate in the fund for any calendar year by applying for an exemption with the department as provided in this section. (B) The election consists of a written, notarized application upon a form designed and provided by the department. The application must be filed with the department before April first of the year for which the exemption is desired. (C) Upon filing of the application, the department must issue the applicant an exemption certificate specifying the producer, commodity exempted, and period of exemption. The certificate, when presented to the grain or cotton dealer upon delivery of the grain or cotton, entitles the specified producer to an exemption from the dealer's and handler's assessment on the specified commodity. (D) When an exemption is granted under this section, the grain or cotton dealer must retain a copy of the exemption certificate for a period of no less than two years. Any producer who elects not to participate in the fund is not eligible to be reimbursed for any loss for the commodity exempted for that calendar year. Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments." Effect of Amendment 2022 Act No. 181, SECTION 1, inserted the paragraph designators; in (A), substituted "department" for "South Carolina Department of Agriculture"; in (B), in the first sentence, substituted "department" for "South Carolina Department of Agriculture", and in the second sentence, substituted "department before April first" for "Department before April 1"; in (C), in the first sentence, substituted "department" for "Department"; and in (D), in the first sentence, substituted "no less" for "not less" and made a nonsubstantive change. 2023 Act No. 32, SECTION 2, in (C), in the second sentence, inserted "or cotton" in two places; and in (D), in the first sentence, inserted "or cotton".
S.C. Code Ann. § 46-17-390 — SC Code / Title 46 / Chapter 17 / Section 46-17-390
SECTION 46-17-390. Bonds of administrators, administrative boards, and employees.
Status: in_force

The Commission and the commodity board shall require that a bond be given by every administrator, administrative board, and employee occupying a position of trust under any marketing agreement or order, as provided in the agreement or order, in such amount as the Commission and the commodity board shall deem necessary, the premium for which bond or bonds shall be paid from assessments collected pursuant to such order or agreement; provided, that the bond need not be given with respect to any person covered by any blanket bond covering officials or employees of the State.
S.C. Code Ann. § 46-51-10 — SC Code / Title 46 / Chapter 51 / Section 46-51-10
SECTION 46-51-10. Aquaculture Permit Assistance Office created; permit facilitator to be designated; powers and duties.
Status: in_force

There is created within the Department of Agriculture an Aquaculture Permit Assistance Office. A permit facilitator must be designated by the Commissioner of Agriculture to carry out the functions of the Aquaculture Permit Assistance Office. The permit facilitator shall provide a potential aquaculturist with such information, services, and assistance as may be necessary including, but not limited to: (1) assistance in obtaining all permits from the various permitting agencies required to operate an aquaculture operation; (2) technical assistance from the various state and private agencies and institutions involved in aquaculture research; (3) assistance throughout the entire permit process and information concerning changes to a state or federal law or regulation which may affect the outcome of a permit application or change the permitting process; (4) application forms. Editor's Note The Preamble of 1988 Act No. 587, provides as follows: "Whereas, aquaculture is an important form of both fisheries and agriculture. The Department of Agriculture will be responsible for coordination of promotion and marketing of aquaculture development in the State and for facilitating acquisition of aquaculture permits. The Wildlife and Marine Resources Department will be responsible for aquacultural law enforcement and coordination of research and development. Both agencies shall coordinate their respective efforts with all other agencies of state government."
S.C. Code Ann. § 46-31-150 — SC Code / Title 46 / Chapter 31 / Section 46-31-150
SECTION 46-31-150. Alternative method of conducting referendum by mail through use of written ballots.
Status: in_force

(1) In the event the board of directors of Tobacco Associates, Inc. determines that it is not desirable or reasonably possible to conduct the referendum provided for in Section 46-31-30 under the terms and conditions prescribed in Section 46-31-40, the board in the alternative may provide that the referendum shall be conducted by mail by written ballots. The determination of whether it is not desirable to conduct the referendum under the terms and conditions prescribed by Section 46-31-40 and the determination of whether or not to conduct such referendum by mail shall be made by affirmative vote of not less than two-thirds of the members of the board (which vote shall also include the affirmative vote of not less than two-thirds of such board members who were elected by South Carolina farm organizations). (2) In the event that the board shall determine to conduct the referendum by mail as provided in subsection (1) above, the board shall: (a) prescribe the rules and regulations under which such mail referendum shall be conducted; (b) provide the necessary ballots and cause them to be mailed to the farmers of South Carolina who are engaged in the production of flue-cured tobacco; (c) provide envelopes for the return of such ballots by individual voters; (d) cause to be published through the medium of the public press in the State of South Carolina, notice of the holding of the referendum at least fifteen days before the mailing out of the ballots; (e) give direct written notice of such mail referendum to all statewide farm organizations within this State, to each county agent in each county in this State in which flue-cured tobacco is grown and to the chairman of the Agricultural Stabilization and Conservation Service Committee in each county in this State in which flue-cured tobacco is grown; (f) provide a closing date for the return of the ballots; (g) provide for the receipt and safeguarding of such ballots; and (h) canvass the ballots and publish and declare the results of such referendum within thirty days of the date set as the latest date for the return of such ballots.
S.C. Code Ann. § 46-17-150 — SC Code / Title 46 / Chapter 17 / Section 46-17-150
SECTION 46-17-150. When marketing order shall have effect of law; effect of defeat of order at referendum.
Status: in_force

If the commission determines that the requisite assent is given it shall issue and put an order or amendment or termination to it into force, and every provision has the force of law and is binding upon every affected producer and handler within the specified area. Issuance is accomplished by publication for one day in a newspaper of general circulation in Columbia, Greenville, and Charleston and in the affected area of notice if different from these three cities, stating that the marketing order has been issued, amended, or terminated, and where copies of the order, amendment, or termination may be obtained. If the commission determines that the requisite assent has not been given, no further action must be taken by the commission upon the proposal, and the order, amendment, or termination contained in the final order is without force or effect. The provisions of this chapter are exempt from the requirements of Article 1, Chapter 23 of Title 1.
S.C. Code Ann. § 46-39-150 — SC Code / Title 46 / Chapter 39 / Section 46-39-150
SECTION 46-39-150. Dissolution of association.
Status: in_force

Any association organized for the purposes aforesaid which shall have accomplished the purpose for which it has been organized or which may desire to wind up its affairs may do so upon a vote of a two-thirds majority of its members at a meeting of which published notice or written notice mailed to each member shall be given. Such notice shall state the purpose of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State.
S.C. Code Ann. § 46-1-100 — SC Code / Title 46 / Chapter 1 / Section 46-1-100
SECTION 46-1-100. Importation for sale of agricultural products below minimum standards of state of origin prohibited.
Status: in_force

It shall be unlawful for any person to transport into this State for sale or to offer for sale any agricultural product of a grade or quality lower than the minimum grade or quality of the product permitted to be sold in the state of its origin.
S.C. Code Ann. § 46-1-80 — SC Code / Title 46 / Chapter 1 / Section 46-1-80
SECTION 46-1-80. Destruction of produce by accident or taking of produce by force as defense to prosecutions under Sections 46-1-60 and 46-1-70.
Status: in_force

No person shall be convicted under the provisions of Sections 46-1-60 or 46-1-70 if he can show that the cotton, corn, rice or other products received by him were destroyed by accident, after due diligence on his part, or that he was forcibly deprived of the possession thereof.
S.C. Code Ann. § 46-31-30 — SC Code / Title 46 / Chapter 31 / Section 46-31-30
SECTION 46-31-30. Provision for referendum; amount of proposed assessment.
Status: in_force

In the manner set forth in this chapter and under regulations as established under the provisions of this chapter there must be held in every county in the State in which flue-cured tobacco is produced a referendum to be participated in by all farmers engaged in the production of flue-cured tobacco. Those farmers entitled to share in the crop of flue-cured tobacco or in the proceeds of the crop because of sharing in the risk of production are considered to be engaged in the production of flue-cured tobacco. In the referendum individuals eligible for participation shall vote upon the question of whether or not there must be levied an annual assessment for a period of three years in an amount not to exceed ten dollars an acre on all tobacco acreage, the exact amount an acre to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors, or in an amount not to exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided for in Section 46-31-140.
S.C. Code Ann. § 46-17-320 — SC Code / Title 46 / Chapter 17 / Section 46-17-320
SECTION 46-17-320. Levy of assessments; per unit rate.
Status: in_force

In every marketing agreement and order the Commission, with the advice of the commodity board, shall prescribe the per unit rate of such assessment, and such rate may be at the full amount of, or at any lesser amount than the amount hereinabove limited. The rate may be altered or amended but only upon compliance with the procedural requirements of this chapter for amendment of marketing agreements or orders. In every such marketing agreement or order the Commission and the commodity board shall base their determination of such rate upon the volume and price of sales of affected units, or units which would have been affected units, had the agreement or order been in effect during a period which the Commission and the commodity board shall determine to be a representative period. The per unit rate of assessment prescribed in any such agreement, order, or amendment shall for all purposes and times be deemed to be within the limits of assessment above provided until such time as such agreement or order is amended as to such rate.
S.C. Code Ann. § 46-31-20 — SC Code / Title 46 / Chapter 31 / Section 46-31-20
SECTION 46-31-20. Desirability of referendum on annual assessment.
Status: in_force

For the purpose of raising reasonable and necessary funds for producer participation in the operations of the agency set up under farmer sponsorship for the promotion of flue-cured tobacco, it is proper, desirable, necessary and in the public interest that the farmers in this State engaged in the production of flue-cured tobacco shall have the opportunity and privilege of participating in a referendum to be held as in this chapter provided, in which there shall be determined the question of whether or not the farmers of the State engaged in the production of flue-cured tobacco shall levy upon themselves an annual assessment for the purposes herein stated.
S.C. Code Ann. § 46-10-90 — SC Code / Title 46 / Chapter 10 / Section 46-10-90
SECTION 46-10-90. Treatment or destruction of cotton.
Status: in_force

The commission or its authorized agent may destroy or in its discretion treat with pesticides, volunteer or other noncommercial cotton, and establish procedures by regulation for the purchase and destruction of commercial cotton when such action is deemed necessary to implement the purposes of this chapter.
S.C. Code Ann. § 46-33-90 — SC Code / Title 46 / Chapter 33 / Section 46-33-90
SECTION 46-33-90. Definitions; registration requirements.
Status: in_force

(A) For purposes of this section: (1) "Nursery" means any place where nursery stock is grown for sale. (2) "Nursery stock" means all fruit, nut, and shade trees, all ornamental plants and trees, bush fruits, buds, grafts, scions, vines, roots, bulbs, seedlings, slips, or other portions of plants (excluding true seeds) grown or kept for propagation, sale, or distribution. (3) "Nurseryman" means a person who operates a nursery for the production of nursery stock. (4) "Registered nursery dealer" means any person other than a grower of nursery stock who buys certified nursery stock for resale with annual sales of five thousand dollars or more, and any nurseryman who operates a sales lot separately from his nursery with annual sales of five thousand dollars or more. Registered and unregistered nursery dealers are required to produce sales records to agents of the commission upon request. (5) "Hobbyist" and "backyard gardener" mean any person selling nursery stock who has less than five thousand dollars in gross sales per calendar year. Hobbyist and backyard gardeners are required to produce sales records to agents of the commission upon request. Hobbyist and backyard gardeners are exempt from registration. (6) "Gross annual sales" means the total sales of nursery stock or related live plant material made by a nursery or registered nursery dealer that occurs during a given calendar year. (7) "Person" means an individual, firm, corporation, partnership, association, state or federal agency, school, other group, or organization. (8) "Sales lot" means the individual physical area or property where a nursery or registered nursery dealer grows, collects, or distributes nursery stock or related live plant material for sale. (9) "Turfgrass" means the top layer of earth comprised of grass leaf blades, stolons, thatch, and roots grown for commercial harvesting and sale such as sod, sprigs, or any other part thereof, excluding seed. (10) "Turfgrass grower" means any person engaged in the production of turfgrass. (B) All persons engaged in sale or distribution of nursery stock must register with the commission and pay the fees required by this section. The commission is authorized to collect and retain fees from nursery inspection and registration, nursery dealer registration, plant pest inspection, and all other plant pest certification activities. (C)(1) Nursery registration fees shall be on a graduated scale and may not exceed two hundred dollars per year. All registration certificates expire on September thirtieth and are renewable on or before October first annually. In cases where nursery stock is grown at more than one location by one nursery, the fees shall be based upon the nursery's aggregate number of acres in production of the nursery. In cases where the nursery consists of a combination of greenhouses and acreage, a single license fee must be assessed at the higher rate of the two categories. (2)(a) The following nursery registration fees shall be paid annually: (i) Nursery stock, except turfgrass, with a production acreage of ten or less; greenhouses with less than six thousand square feet; or a turfgrass production acreage of two hundred fifty or less shall be $75.00. (ii) Nursery stock, except turfgrass, with a production acreage of eleven to twenty-five; greenhouses with six thousand to thirty thousand square feet; or a turfgrass production acreage of two hundred fifty-one to five hundred shall be $125.00. (iii) Nursery stock, except turfgrass, with a production acreage of twenty-five or more; greenhouses with more than thirty thousand square feet; or a turfgrass production acreage of five hundred one or more shall be $200.00. (b) The following nursery dealer fees shall be paid annually: (i) Nursery dealer locations for which annual gross sales equal $10,000.00 or less shall pay $0.00. (ii) Nursery dealer locations for which annual gross sales are between $10,001.00 to $100,000.00 shall pay $50.00. (iii) Nursery dealer locations for which annual gross sales are over $100,000.00 shall pay $100.00. (D) Growers who produce transplants or seedlings grown solely for the purpose of being distributed for production of agricultural commodities must register with the commission but are exempt from nursery registration fees. No ornamental bedding plants or nursery stock may be grown in conjunction with exempt agricultural transplants unless the fees required by this section are paid. (E) Governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are exempt from the payment of fees and registration required by this section; however, governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are subject to all commission rules and regulations. The Forestry Commission is exempt from paying fees required by this section. All persons selling Christmas trees from November to January who are not otherwise required by this section to either register or pay the fees are exempt from registering and paying the fees. Effect of Amendment 2017 Act No. 31, SECTION 1, inserted (A)(6) to (A)(10), relating to definitions of "gross annual sales", "person", "sales lot", "turfgrass", and "turfgrass grower"; rewrote (C)(2), relating to nursery registration fees; and made other nonsubstantive changes.
S.C. Code Ann. § 46-27-650 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-650
SECTION 46-27-650. Commissioner to notify dealer and solicitor of violations; prosecution.
Status: in_force

Whenever the Commissioner, or his duly authorized representative, becomes cognizant of any violation of the provisions of Articles 1 to 9 of this chapter, he shall immediately notify in writing the manufacturer, importer, jobber or dealer, if known, and after thirty days he shall notify the circuit solicitor who shall cause such person so violating any such provision to be prosecuted in the manner prescribed by law.
S.C. Code Ann. § 46-26-100 — SC Code / Title 46 / Chapter 26 / Section 46-26-100
SECTION 46-26-100. Penalties; assessment of additional fines for failure to meet guarantees.
Status: in_force

(A) A person or dealer violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days. (B) In addition to the penalties provided in subsection (A), the commission may assess additional fines when a shipment of agricultural liming materials, or landplaster, or both, fails to meet the guarantee for chemical, neutralizing value and screen size. Assessments levied by the commission must be paid within thirty days from date of notice to manufacturer, dealer, or agent. Failure to pay penalties after notice may result in revocation of the registrant's products. All penalties must be paid by the registrant to the purchasers through the division by check or credit memorandum in case of indebtedness of the purchaser to the seller. If the purchasers cannot be found, or if the amount due any one purchaser from the lot of agricultural liming material, or landplaster, or both, on which an assessment has been levied is less than one dollar, the amount of penalty assessed must be paid to the State Treasurer but remitted to the commission or its duly authorized representative, the proceeds to be credited to the account, the South Carolina Fertilizer Fund.
S.C. Code Ann. § 46-1-120 — SC Code / Title 46 / Chapter 1 / Section 46-1-120
SECTION 46-1-120. Penalties for violating Sections 46-1-100 to 46-1-120.
Status: in_force

Any person violating the provisions of Sections 46-1-100 to 46-1-120 shall upon conviction be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
S.C. Code Ann. § 46-41-60 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-60
SECTION 46-41-60. Bond or equivalent security required.
Status: in_force

(A) Before any license shall be issued the applicant shall make and deliver to the commissioner a surety bond or equivalent security in an amount of either twenty-five thousand, fifty thousand, or one hundred thousand dollars as determined by the method set forth below, executed by a surety corporation authorized to transact business in the State or provided by equivalent security approved by the commissioner with the advice of the State Treasurer. The amount of the bond required is determined based upon ten percent of the applicant's annual business. If ten percent of annual business is twenty-five thousand dollars or less, the applicant must obtain a twenty-five thousand dollar bond. If ten percent of annual business is fifty thousand dollars or less, a fifty thousand dollar bond is required. If ten percent of annual business is more than fifty thousand dollars, a one hundred thousand dollar bond is required. The bond or equivalent security shall be upon a form prescribed or approved by the commissioner and shall be conditioned to secure the faithful accounting for any payment to producers, their agents or representatives, of the proceeds of all agricultural products handled or sold by such dealer. (B) The amount of the bond or equivalent security shall, upon the order of the commissioner at any time, be increased, if in his discretion the commissioner finds that an increase is warranted by the volume of agricultural product being handled by the principal or maker of the bond or equivalent security. In the same manner, the amount of the bond or equivalent security may be decreased when a decrease in volume of products handled warrants such decrease in bond or equivalent security. The provisions contained in this section shall apply to any bond or equivalent security, regardless of the anniversary date of its issuance, expiration, or renewal. (C) In order to effectuate the purposes of this section, the commissioner or his agents may require from any licensee verified statements of the volume of his business, and failure to furnish such statement or make and deliver a new or additional bond or equivalent security shall be cause for suspension of license. If, at a hearing after reasonable notice, the commissioner finds such failure to be wilful, the license may be revoked. Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments." Effect of Amendment 2022 Act No. 181, SECTION 2, rewrote the section.
S.C. Code Ann. § 46-15-21 — SC Code / Title 46 / Chapter 15 / Section 46-15-21
SECTION 46-15-21. Abolition of State Agricultural Marketing Commission.
Status: in_force

Effective July 1, 1975, the State Agricultural Marketing Commission is abolished and all powers, duties, assets and liabilities of the commission are devolved upon the Department of Agriculture to be exercised by the Commission of Agriculture.
S.C. Code Ann. § 46-27-620 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-620
SECTION 46-27-620. Forfeiture for violation of Section 46-27-40.
Status: in_force

If any manufacturer, importer, jobber, agent or dealer shall be guilty of a violation of Section 46-27-40, the lot of commercial feed in question shall be seized and condemned, sold or destroyed by the Commissioner, or his duly authorized representative, and the proceeds from such sales shall be covered into the State Treasury for the use of the Department of Agriculture.
S.C. Code Ann. § 46-17-450 — SC Code / Title 46 / Chapter 17 / Section 46-17-450
SECTION 46-17-450. Prices shall not be established in violation of State or Federal laws.
Status: in_force

The Commission and the commodity board under each marketing agreement and order shall not authorize any action which shall have for its purpose the establishment or maintenance of prices in violation of existing State and Federal laws.
S.C. Code Ann. § 46-45-10 — SC Code / Title 46 / Chapter 45 / Section 46-45-10
SECTION 46-45-10. Legislative findings.
Status: in_force

The General Assembly finds that: (1) The policy of the State is to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products. (2) When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits and as a result (a) agricultural facilities are sometimes forced to cease operations, and (b) many persons are discouraged from making investments in farm improvements or adopting new technology or methods. (3) This chapter is enacted to reduce the loss to the State of its agricultural resources by limiting the circumstances under which agricultural facilities and operations may be considered a nuisance. (4) The purpose of this chapter is to lessen the loss of farmland caused by common law nuisance actions which arise when nonagricultural land uses expand into agricultural areas. This purpose is justified by the stated social desire of preserving and encouraging agricultural production. (5) With the exception of new swine operations and new slaughterhouse operations, in the interest of homeland security and in order to secure the availability, quality, and safety of food produced in South Carolina, it is the intent of the General Assembly that state law and the regulations of the Department of Health and Environmental Control pre-empt the entire field of and constitute a complete and integrated regulatory plan for agricultural facilities and agricultural operations as defined in Section 46-45-20, thereby precluding a county from passing an ordinance that is not identical to the state provisions.
S.C. Code Ann. § 46-17-370 — SC Code / Title 46 / Chapter 17 / Section 46-17-370
SECTION 46-17-370. Deposits and disbursements.
Status: in_force

The Commission shall deposit all moneys which are collected by him in a separate account allocated to each marketing order or agreement under which such moneys are collected and such deposits shall be in the name of the commodity board. All expenses and disbursements incurred and made pursuant to the provisions of any marketing agreement or order authorized by Section 46-17-340 shall be paid from moneys collected and received pursuant to such order or agreement by check, draft, or voucher in such form and in such manner and upon the signature of such person as may be prescribed by the marketing order or agreement.
S.C. Code Ann. § 46-3-20 — SC Code / Title 46 / Chapter 3 / Section 46-3-20
SECTION 46-3-20. Department shall issue food manufacturers, processors, and packers permits.
Status: in_force

No person, not operating under inspection of a State or Federal agency, shall engage in the business of manufacturing, processing or packing food in any manner without first obtaining a food manufacturers, processors and packers permit from the South Carolina Department of Agriculture. The permit shall be issued upon application to the Department on forms furnished by the Department and upon conditions prescribed by regulations of the Department governing the manufacturing, processing or packing of food as may be necessary to protect the public health and promote public welfare by protecting the purchasing public from injury by merchandising deceit. Such permit shall be issued July 1, 1971, and renewed annually thereafter on or before the first day of January. Anyone violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
S.C. Code Ann. § 46-21-455 — SC Code / Title 46 / Chapter 21 / Article 7 / Section 46-21-455
SECTION 46-21-455. Prosecution by Commissioner or through Attorney General.
Status: in_force

When the Commissioner finds that a person has violated a provision of this chapter, he or his authorized agent or agents may institute proceedings in a court of competent jurisdiction in the locality in which the violation occurred or where the seed is located; or the Commissioner may file with the Attorney General with a view toward prosecution, evidence as necessary; provided, however, that no prosecution pursuant to this chapter may be instituted without the defendant first having been given an opportunity to appear before the Commissioner or his authorized agent to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without a hearing in case the defendant or his agent or attorney fails or refuses to appear, the Commissioner is of the opinion that the evidence warrants prosecution, he shall proceed as provided in this chapter. The Attorney General or, in his discretion and at his direction, the attorney of the county or city in which the alleged violation has occurred, shall institute proceedings immediately against the person charged with the violation. The proceedings for violations may be instituted after exhaustion of all remedies with the Commissioner has occurred. After judgment by the court in a case arising pursuant to this chapter, the Commissioner shall publish the information pertinent to the issuance of the judgment by the court in the media as he may designate.
S.C. Code Ann. § 46-13-200 — SC Code / Title 46 / Chapter 13 / Section 46-13-200
SECTION 46-13-200. Adjudication of alleged violations; disposal of condemned pesticides or devices.
Status: in_force

A. After service of a "stop sale, use, or removal" order is made upon any person, either that person, the registrant, or the Director may file an action in a court of competent jurisdiction in the county in which a violation of this chapter or regulations adopted thereunder is alleged to have occurred for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this chapter or regulations adopted thereunder. B. If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs, and if such pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State treasury; provided, that the pesticide or device shall not be sold contrary to the provisions of this chapter or regulations adopted thereunder. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing, or otherwise bringing the product into compliance.
S.C. Code Ann. § 46-9-15 — SC Code / Title 46 / Chapter 9 / Section 46-9-15
SECTION 46-9-15. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the State Crop Pest Commission or an officer or employee of the commission to whom authority to act in its stead is granted. (2) "Director" means the Director of Regulatory and Public Service Programs, Clemson University. (3) "Division" means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials. (4) "Genetically engineered organism" means an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant DNA techniques. (5) "Plant pest" means a living stage of insects, mites, nematodes, slugs, animals, protozoa, snails or other invertebrate animals, bacteria, weeds, fungi, other parasite plants or their reproductive parts, or viruses, or organisms similar to or allied with the foregoing, including genetically engineered organisms or infectious substances which directly or indirectly may injure or cause disease or damage in plants or their parts or processed, manufactured, or other products of plants, and which may be a serious agricultural threat to the State, as determined by the director. (6) "Quarantine" means limitations placed upon the free movement of plant pests, animals, plants, equipment, machinery, goods, genetically engineered organisms, or means of transportation, or all of the foregoing, considered reasonably necessary to prevent the spread of a plant pest. (7) "Quarantine area" means that geographic area of the State including as a minimum the infested area and the regulated area to which a quarantine applies. (a) "Infested area" means that geographic area of the State in which the presence of a plant pest has been confirmed and in which primary remediation efforts will be applied. (b) "Regulated area" means that geographic area of the State adjacent, but not necessarily contiguous, to the infested area and in which efforts are designed to prevent further movement and spread of a plant pest.
S.C. Code Ann. § 46-21-625 — SC Code / Title 46 / Chapter 21 / Article 9 / Section 46-21-625
SECTION 46-21-625. Personnel; promulgation of regulations; facilities.
Status: in_force

In order to carry out the program the University may employ the necessary personnel, establish and promulgate regulations, and provide other facilities necessary for the certification of seeds and plants and for aiding in the distribution and promotion of the use of certified seeds and plants.
S.C. Code Ann. § 46-10-110 — SC Code / Title 46 / Chapter 10 / Section 46-10-110
SECTION 46-10-110. Caution in use of pesticides or in eradication methods.
Status: in_force

The commission shall use all means necessary to insure that the pesticides used or the methods employed to eradicate the pest will not harm organisms other than the pest habitating the treatment area or surrounding areas. The commission may regulate the pasturage of livestock, entrance by unauthorized persons, and location of honey bee colonies in any quarantined area or in any field which has been or is to be treated with pesticides, or otherwise treated to cause the eradication of the pest. Extreme caution shall be employed by the commission to guard against the spread of any harmful substances used in the eradication of the boll weevil to areas other than the treatment area.
S.C. Code Ann. § 46-3-175 — SC Code / Title 46 / Chapter 3 / Section 46-3-175
SECTION 46-3-175. Agribusiness license; fees; bonding requirements.
Status: in_force

In lieu of licenses or permits or renewals of them required by Sections 39-11-30 for public weighmasters or deputy weighmasters, 46-21-40 for seed dealers, 46-41-50 for dealers in agricultural products, any qualified person of whom such a license or permit is required may obtain an agribusiness license which qualifies him to engage in any of the businesses listed above. The agribusiness license must be issued by the Department of Agriculture upon the payment annually of a fee of seventy-six dollars and shall expire on June thirtieth of each year. Posting of a bond in the sum of twenty-five thousand dollars with the Commissioner of Agriculture by the agribusiness licensee as principal by a corporate surety company authorized to do business in this State assuring the same compliance provisions as Sections 39-11-70 for weighmasters, and 46-41-60 for dealers in agricultural products shall satisfy the bonding and evidence of financial responsibility requirements of those code sections.
S.C. Code Ann. § 46-3-100 — SC Code / Title 46 / Chapter 3 / Section 46-3-100
SECTION 46-3-100. Arrangements for inoculating material.
Status: in_force

The Commissioner may make arrangements with any reliable manufacturer of inoculation material for the sale of such material to the citizens of the State at prices that shall be reasonable and will allow a reasonable profit on the cost of production. Failing to make such arrangements, the Commissioner may manufacture inoculation material for leguminous crops and distribute it to citizens of the State applying for it at cost. The Commissioner may expend from any surplus or other funds collected from other sources in his hands, such amounts as may be necessary to inaugurate the work of manufacturing inoculation material and refund to those respective funds as soon as possible from the sums collected from the sale of such material such sums as may be so expended.
S.C. Code Ann. § 46-15-50 — SC Code / Title 46 / Chapter 15 / Section 46-15-50
SECTION 46-15-50. Market records.
Status: in_force

The Department shall keep such records with respect to the markets established by it under the provisions of this chapter and Article 1 of Chapter 19 and shall require the keeping of such records by the local marketing authorities established hereunder as in its judgment will contribute to a better knowledge of farm market needs and cost and will suggest ways of increasing the efficiency in the operation of the markets.
S.C. Code Ann. § 46-3-60 — SC Code / Title 46 / Chapter 3 / Section 46-3-60
SECTION 46-3-60. Clerk.
Status: in_force

The Commissioner may appoint a competent clerk, whose qualifications shall be in the main the same as those required of the Commissioner.
S.C. Code Ann. § 46-25-80 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-80
SECTION 46-25-80. Penalties for violations of chapter.
Status: in_force

A person or dealer who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 46-31-40 — SC Code / Title 46 / Chapter 31 / Section 46-31-40
SECTION 46-31-40. Date, hours, voting places, notices, rules and regulations or referenda.
Status: in_force

The exact dates on which referenda must be held and the hours, voting places, and regulations under which the referenda must be conducted must be established and determined by the board of directors of the North Carolina corporation known and designated as Tobacco Associates, Incorporated, established under the leadership of farm organizations in the state of North Carolina for the purpose of promotion of flue-cured tobacco. Referenda dates, hours, and voting places, and regulations with respect to the holding of the referenda must be published through the medium of the public press in this State by the board of directors at least fifteen days before the holding of the referendum and direct written notice must be given to all farm organizations within this State and to each county agent in any county in which flue-cured tobacco is grown.
S.C. Code Ann. § 46-39-160 — SC Code / Title 46 / Chapter 39 / Section 46-39-160
SECTION 46-39-160. Certified copy of charter as evidence of incorporation.
Status: in_force

A certified copy of the charter and any amendment thereof from the Secretary of State or from the clerk of the court or register of deeds of the county in which such charter is required to be recorded shall be sufficient evidence of the incorporation of any association chartered under this chapter and of any amendment to its certificate of incorporation.
S.C. Code Ann. § 46-1-75 — SC Code / Title 46 / Chapter 1 / Section 46-1-75
SECTION 46-1-75. Damage or destruction of farm product, research facility, or research equipment unlawful; penalty; definitions.
Status: in_force

(A) It is unlawful to maliciously damage or destroy a farm product, research facility, or research equipment used for testing or research in conjunction or coordination with a private research entity, a university, or any federal, state, or local governmental agency. (B) If a person violates subsection (A) and the value of the farm product, research facility, or research equipment is: (1) less than five hundred dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both; (2) five hundred dollars or more, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both. (C) The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of ordering restitution, the court shall determine the market value of the farm product, research facility, or research equipment prior to the damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed. (D) The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law. (E) For purposes of this section: (1) "Farm product" means horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms. (2) "Research facility" means greenhouses, buildings, and offices in which farm product research is conducted. (3) "Research equipment" means files, data, computers, tractors, sprayers, seeders, tools, vehicles, plants, containers, and any other item pertinent to farm product research.
S.C. Code Ann. § 46-17-230 — SC Code / Title 46 / Chapter 17 / Section 46-17-230
SECTION 46-17-230. Vacancies on boards; quorum.
Status: in_force

In the event of a vacancy on the board, the remaining members shall select a qualified person for appointment by the Commission to fill the unexpired term. A majority of the voting members of the board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.
S.C. Code Ann. § 46-25-1170 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1170
SECTION 46-25-1170. Civil penalty in addition to other penalties.
Status: in_force

In addition to a denial, suspension, revocation, or modification of a provision of a license, permit, or certificate, or any other penalty provided in this chapter, a person who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense.
S.C. Code Ann. § 46-35-30 — SC Code / Title 46 / Chapter 35 / Section 46-35-30
SECTION 46-35-30. Citation to show cause against removal or destruction.
Status: in_force

Upon the filing of such petition, a citation shall be issued by the court, requiring the owner or person in charge or possession of the property to appear at a time and place specified to show cause why such neglected or abandoned apple or peach trees should not be removed or destroyed.
S.C. Code Ann. § 46-25-815 — SC Code / Title 46 / Chapter 25 / Article 11 / Section 46-25-815
SECTION 46-25-815. Fertilizer inspection fee.
Status: in_force

In addition to the inspection tax on the distribution or sale of commercial fertilizer imposed pursuant to Section 46-25-810, there is imposed an inspection fee equal to one dollar a ton on the distribution or sale of commercial fertilizer in this State. The provisions of Section 46-25-810 with respect to the liability for reporting, payment, collection, and enforcement of the fifty cents a ton inspection fee on the distribution or sale of commercial fertilizer in this State are deemed to apply to the additional one dollar a ton inspection fee imposed pursuant to this section. All revenues of the fee imposed pursuant to this section must be retained and expended by the Division of Regulatory and Public Service Programs of Clemson University (Clemson PSA) for Clemson PSA programs. Unexpended revenues of this fee at the end of a fiscal year carry forward to the succeeding fiscal year for Clemson PSA and must be used for the same purposes.
S.C. Code Ann. § 46-17-400 — SC Code / Title 46 / Chapter 17 / Section 46-17-400
SECTION 46-17-400. Violations.
Status: in_force

(a) It shall be a misdemeanor: (1) For any person to violate any provision of this chapter or any provision of any marketing agreement or order duly issued. (2) For any person to willfully furnish a false or fraudulent report required by this chapter or to willfully fail or refuse to furnish such report. (3) For any person engaged in the wholesale or retail trade to refuse to furnish to the Commission, upon request, information concerning the name and address of the person from whom he has received an agricultural commodity regulated by a marketing agreement or order and the grade, quantity and price of such commodity. (b) Every person convicted of any such misdemeanor shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment of not less than ten days nor more than six months, or both, in the discretion of the court. Each violation during any day shall constitute a separate offense.
S.C. Code Ann. § 46-13-120 — SC Code / Title 46 / Chapter 13 / Section 46-13-120
SECTION 46-13-120. Records as to use of restricted use pesticides.
Status: in_force

The Director may require licensees to maintain records with respect to amount of restricted use pesticides used. Such records shall be kept for that period of time required by regulations promulgated by the Environmental Protection Agency under Public Law 92-516 from the date of the purchase of the pesticide to which such records refer, and the Director or his designee shall, upon submitting a request in writing, have access to inspect and copy all records required to be maintained by this chapter.
S.C. Code Ann. § 46-35-60 — SC Code / Title 46 / Chapter 35 / Section 46-35-60
SECTION 46-35-60. Destruction or removal of trees when owner fails to do so.
Status: in_force

If the owner fails to remove and destroy the condemned orchard trees within the time limit prescribed by the circuit court, the court shall designate an appropriate agency of the State to remove and destroy the trees. The costs of the action by the State must be charged to the owner of the property and the State shall have a lien upon the real estate to secure the payment.
S.C. Code Ann. § 46-15-10 — SC Code / Title 46 / Chapter 15 / Section 46-15-10
SECTION 46-15-10. General duties of Department of Agriculture.
Status: in_force

For the purpose of aiding, establishing and providing proper facilities for the efficient handling of farm and other food products in the interest of the farmer, consumer and general public and to assist in the disposal and sale of such products the Department of Agriculture shall be responsible for the implementation of the provisions of this chapter.
S.C. Code Ann. § 46-7-100 — SC Code / Title 46 / Chapter 7 / Section 46-7-100
SECTION 46-7-100. Reporting animal diseases caused by chemical or other terrorism.
Status: in_force

Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals must report animals having or suspected of having any disease that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human or animal fatalities or incidents of permanent or long-term disability. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to the State Veterinarian and must include as much of the following information as is available: the geographical location of the animal or the exposure, the name and address of any known owner, and the name and address of the reporting individual. The State Veterinarian must report to the Department of Health and Environmental Control any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130.
S.C. Code Ann. § 46-17-270 — SC Code / Title 46 / Chapter 17 / Section 46-17-270
SECTION 46-17-270. Powers and duties of boards enumerated.
Status: in_force

The powers and duties of each commodity board shall be to: (a) Elect a chairman and such other officers as it deems necessary; (b) Advise the Commission with respect to the administration of any marketing agreement or order; (c) Recommend to the Commission rules and regulations in connection with any agreement or order; (d) Advise the Commission on assessments provided by any agreement or order and on the collection, deposit, and disbursement of all moneys; (e) Assist the Commission in the collection of information and data as the Commission and the commodity board may deem necessary; (f) Administer and enforce the order or agreement as its administrative board if the Commission designate it to do so or if such is prescribed by the order or agreement; and (g) Perform such duties as the Commission may prescribe or which may be prescribed in the order or agreement.
S.C. Code Ann. § 46-27-220 — SC Code / Title 46 / Chapter 27 / Article 3 / Section 46-27-220
SECTION 46-27-220. If manufacturer files statement, seller need not.
Status: in_force

Whenever a manufacturer, importer or jobber of any commercial feed shall have filed a statement, as required by Section 46-27-210, no agent or seller of such manufacturer, importer or jobber shall be required to file such statement.
S.C. Code Ann. § 46-27-870 — SC Code / Title 46 / Chapter 27 / Article 11 / Section 46-27-870
SECTION 46-27-870. Solicitors shall prosecute violations.
Status: in_force

Every solicitor to whom the Commissioner shall report any violation of this article shall cause proceedings to be commenced and prosecuted without delay for the fines and penalties in such cases prescribed.
S.C. Code Ann. § 46-25-540 — SC Code / Title 46 / Chapter 25 / Article 7 / Section 46-25-540
SECTION 46-25-540. Filler.
Status: in_force

It shall be unlawful for any person to manufacture, offer for sale, or sell in this State any commercial fertilizer containing any substance used as a filler that is injurious to crop growth or deleterious to the soil, or to use in such commercial fertilizer as a filler any substance that contains inert plant nutrient material or any other substance for the purpose of or with the effect of deceiving or defrauding the purchaser. The commission shall determine what inert material or substance is injurious or objectionable.
S.C. Code Ann. § 46-27-660 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-660
SECTION 46-27-660. Penalty.
Status: in_force

Any manufacturer, importer, jobber, agent or dealer who shall be convicted of violating any of the provisions of Articles 1 to 9 of this chapter or the regulations adopted by the Commissioner shall be fined not exceeding two hundred fifty dollars for the first offense nor more than five hundred dollars for each subsequent offense.
S.C. Code Ann. § 46-21-65 — SC Code / Title 46 / Chapter 21 / Article 1 / Section 46-21-65
SECTION 46-21-65. Foundation seed program.
Status: in_force

Clemson University shall cooperate with the South Carolina Foundation Seed Association in a foundation seed program responsible for the fostering of the production, processing, and distribution of pure varieties of crop seeds and plants as Clemson University recommends for increase in this State. The South Carolina Department of Agriculture will assist in these efforts as directed by the Commissioner or his designee.
S.C. Code Ann. § 46-25-520 — SC Code / Title 46 / Chapter 25 / Article 7 / Section 46-25-520
SECTION 46-25-520. Regulations concerning minimum standards for certain fertilizer material.
Status: in_force

Minimum standards of soda, sulfate of ammonia and superphosphate and other fertilizer materials may be established by regulation.
S.C. Code Ann. § 46-39-30 — SC Code / Title 46 / Chapter 39 / Section 46-39-30
SECTION 46-39-30. Filing and contents of petition for incorporation.
Status: in_force

They shall file with the Secretary of State a written petition signed by themselves setting forth: (1) The names and residences of the petitioners; (2) The name of the proposed association which shall include the words "Farmers Association"; (3) The place at which it proposes to have its principal place of business; (4) The amount of capital stock of the association and how and when payable; (5) The number of shares into which the capital stock is to be divided and the par value of each share; and (6) All other matters which may be desirable to set forth or which the Secretary of State may require.
S.C. Code Ann. § 46-21-635 — SC Code / Title 46 / Chapter 21 / Article 9 / Section 46-21-635
SECTION 46-21-635. Agencies to cooperate.
Status: in_force

Insofar as the State Department of Agriculture, the Clemson University Cooperative Extension Service, the Clemson University Experiment Station, and the State Crop Pest Commission have to do with the sampling, testing, breeding, production, certification, and distribution of seeds and plants, these agencies shall actively cooperate with the University in carrying out the purposes of this article.
S.C. Code Ann. § 46-1-90 — SC Code / Title 46 / Chapter 1 / Section 46-1-90
SECTION 46-1-90. Fines from State Agricultural Fair to go to its treasurer.
Status: in_force

For the purpose of better providing for the preservation of the public peace during the annual fairs of the State Agricultural and Mechanical Society of South Carolina all fines imposed for offenses committed on the fairgrounds during the sessions of the annual fairs shall be turned over to the treasurer of the Society by the magistrate before whom such cases are tried if the arrests of the offenders were made by persons appointed or employed by the authorities of the Society.
S.C. Code Ann. § 46-26-50 — SC Code / Title 46 / Chapter 26 / Section 46-26-50
SECTION 46-26-50. Distributors; application to engage in business; permits; fees.
Status: in_force

A person desiring to become a distributor as defined in this chapter, before engaging in this business, shall make application to the commission on application forms furnished by the commission for a permit to do business in South Carolina. Each application should be accompanied by a remittance of twenty dollars for each distributor as a fee for issue of permit. The applicant shall guarantee compliance with all provisions of this chapter which apply to the sale of bulk liming materials, or landplaster, or both, which shall include delivery to the consumer the bulk liming materials, or landplaster, or both, purchased. Upon approval by the commission, a copy of the permit must be furnished to the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits expire on June thirtieth of each year.
S.C. Code Ann. § 46-26-60 — SC Code / Title 46 / Chapter 26 / Section 46-26-60
SECTION 46-26-60. Registration of products; application.
Status: in_force

(A) Each separately identified product must be registered before being distributed in this State. The application for registration must be submitted to the commission on forms furnished or approved by the commission or its duly authorized representative and must be accompanied by a fee of twenty dollars per product. Upon approval by the commission or its duly authorized representative, a copy of the registration must be furnished to the applicant. All registrations must expire on June thirtieth of each year. (B) A distributor is required to register any brand of agricultural liming material, or landplaster, or both, if it has been duly registered under this chapter by another person, providing the label does not differ in any respect.
S.C. Code Ann. § 46-39-100 — SC Code / Title 46 / Chapter 39 / Section 46-39-100
SECTION 46-39-100. Duties of directors; terms; removal; vacancies.
Status: in_force

This board of directors shall manager the affairs of the association for such term of office as the bylaws may prescribe and until their successors shall have been elected and shall have qualified and entered upon the discharge of their duties. But a majority of the stockholders at a meeting legally called according to the bylaws of the association may remove any director or officer for cause and fill the vacancy and thereupon the director or officer so removed shall cease to be a director or officer of the association.
S.C. Code Ann. § 46-19-250 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-250
SECTION 46-19-250. Inspections.
Status: in_force

Inspectors of the Department shall conduct periodic inspections of approved markets and any failure to meet prescribed standards shall be sufficient cause for the Commissioner to revoke market approval and to require return of the sign furnished the market by the Department, which sign shall at all times remain the property of the State. Refusal to allow inspectors to make a full and complete inspection or refusal to disclose material facts to such inspectors shall be sufficient cause for revocation of market approval.
S.C. Code Ann. § 46-11-50 — SC Code / Title 46 / Chapter 11 / Article XI / Section 46-11-50
SECTION 46-11-50. Requests or applications from insurance fund.
Status: in_force

Within the meaning of Article VI (b) or VIII (a), a request or application from the insurance fund may be made by the Commissioner of Agriculture whenever in his judgment the conditions qualifying this State for such assistance exist and it would be in the best interest of this State to make such request.
S.C. Code Ann. § 46-25-1150 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1150
SECTION 46-25-1150. Distribution of adulterated fertilizer prohibited.
Status: in_force

No person shall distribute an adulterated fertilizer product. A commercial fertilizer shall be deemed to be adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown on the label. (2) Its composition falls below or differs from that which it is purported to possess by its labeling. (3) It contains unwanted crop seed or weed seed. In the event a penalty is incurred as a result of a distributor altering the content of a commercial fertilizer shipped to him by a registrant in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the registrant, the commission is hereby empowered to relieve the registrant of the liability for payment of the penalty and in lieu thereof assess the penalty against the distributor who altered the commercial fertilizer in the same manner and under the same conditions as provided by this article for assessing penalties against a registrant. The provisions of this section shall not be construed to limit, waive or in any manner modify the common law right of any person to sue for and collect damages resulting from the use of a defective or adulterated fertilizer product.
S.C. Code Ann. § 46-9-30 — SC Code / Title 46 / Chapter 9 / Section 46-9-30
SECTION 46-9-30. Confidentiality of business information; penalties for unlawful disclosure or use of information.
Status: in_force

The commission by regulation shall establish procedures dealing with confidential business information. It is unlawful for an authorized representative of the commission in an official capacity to disclose under this chapter or another applicable chapter of this title information entitled to protection as confidential business information or as a trade secret. This information includes, but is not limited to, research information or new techniques, procedures, or products whether so denominated under federal or state law or regulation. It is unlawful also for the representative to use the information for personal gain or to reveal it to an unauthorized person if the confidential business information or trade secret clearly is delineated as such. A person who violates this section must be fined not more than two hundred dollars or imprisoned not more than thirty days. He also may be dismissed from his position.
S.C. Code Ann. § 46-21-217 — SC Code / Title 46 / Chapter 21 / Article 3 / Section 46-21-217
SECTION 46-21-217. Compliance required.
Status: in_force

(A) It is unlawful for a person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seeds within this State: (1) if subject to the germination requirement of Section 46-21-215, unless otherwise stipulated in the section, the test to determine the percentage of germination required by Section 46-21-215 must have been completed within a nine month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation. This prohibition does not apply to agricultural or vegetable seeds in hermetically sealed containers. Agricultural or vegetable seeds packaged in hermetically sealed containers under the conditions defined in regulations promulgated pursuant to the provisions of this chapter may be sold, exposed for sale or offered for sale or transportation for a period of thirty-six months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically sealed containers are sold, exposed for sale, or offered for sale or transportation more than thirty-six months after the last day of the month in which they were tested prior to packaging, they must have been retested within a nine-month period, exclusive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation; (2) not labeled in accordance with the provisions of this chapter or having false or misleading labeling; (3) pertaining to which there has been false or misleading advertisement; (4) consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances; (5) consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by regulations promulgated pursuant to this chapter; (6) containing more than two percent by weight of all weed seeds; (7) if any labeling, advertising, or other representation subject to this chapter represents the seed to be certified seed or any class thereof unless: (a) it has been determined by a seed certifying agency that the seed conformed to standards of purity and identified as to kind, species and subspecies, if appropriate, or variety in compliance with the regulations of the agency pertaining to the seed; and (b) that the seed bears an official label issued for the seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species and subspecies, if appropriate, or variety; and (8) labeled with a variety name but not certified by an official seed certifying agency when it is a variety of which a U.S. certificate of plant variety protection under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) specifies sale only as a class of certified seed; provided, that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety. (B) It is unlawful for a person in this State to: (1) detach, alter, deface, or destroy any label provided for in this chapter or the regulations promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purpose of this chapter; (2) use relabeling stickers without having both the calendar month and year the germination test was completed, the sell by date, as stated in Section 46-21-215, and the lot number that matches the existing, original lot number. A relabeling may not occur more than one time; (3) disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner or by any means; (4) hinder or obstruct in any way, an authorized person in the performance of his duties pursuant to this chapter; (5) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order or attached tags, except with express permission of the enforcing officer, and for the specified purpose; (6) use the word "trace" or the phrase "contains less than .01%" as a substitute for a required statement; (7) use the word "type" in any labeling in connection with the name of any agricultural seed variety; or (8) alter or falsify a seed label, seed test, laboratory report, record, or other document to create a misleading impression as to kind, kind of variety, history, quality, or origin of seed.
S.C. Code Ann. § 46-25-840 — SC Code / Title 46 / Chapter 25 / Article 11 / Section 46-25-840
SECTION 46-25-840. Financial statement or bond; records.
Status: in_force

In order to guarantee faithful performance, each registrant must be able to furnish a satisfactory financial statement or surety bond to the commission or its authorized representative. The registrant must also satisfy the commission or its duly authorized representative that he has a good bookkeeping system and keeps such records as may be necessary to indicate accurately the tonnage of commercial fertilizer sold.
S.C. Code Ann. § 46-27-430 — SC Code / Title 46 / Chapter 27 / Article 7 / Section 46-27-430
SECTION 46-27-430. Publication of results of analyses.
Status: in_force

The Commissioner may publish from time to time in reports or bulletins the results of the analyses of such samples, together with such additional information as circumstances advise; provided, however, that if such a sample as analyzed by the Commissioner differs from the statement prescribed in Section 46-27-310, then at least thirty days before publishing the results of such analysis the Commissioner shall give written notice of such results to the manufacturer, importer, agent or jobber of such stock, if the name and address of such manufacturer, jobber or importer be known; provided, further, that if the analysis of any such sample does not differ substantially from the statement prescribed by Section 46-27-310, appearing upon the goods, the manufacturer may be considered as having complied with the requirements of Articles 1 to 9 of this chapter.
S.C. Code Ann. § 46-3-200 — SC Code / Title 46 / Chapter 3 / Section 46-3-200
SECTION 46-3-200. Revocation of registrations or licenses; procedural powers of Commissioner.
Status: in_force

At any hearing or other proceeding authorized by Section 46-3-190, the Commissioner shall have power to administer oaths; to take testimony; to issue subpoenas and compel the attendance of witnesses, which shall be served in the same manner as subpoenas issued by the court of common pleas of the State; and to order the taking of depositions in the same manner as depositions are taken in the court of common pleas.
S.C. Code Ann. § 46-27-840 — SC Code / Title 46 / Chapter 27 / Article 11 / Section 46-27-840
SECTION 46-27-840. Registration fee.
Status: in_force

For the expense incurred in registering, inspecting and analyzing the preparations referred to in Section 46-27-820, a registration fee of ten dollars for each separate brand or, in lieu thereof, a maximum fee of fifty dollars per annum covering all brands made by a single manufacturer shall be paid by the manufacturer or seller of such preparations to the Commissioner during the month of January in each year.
S.C. Code Ann. § 46-13-10 — SC Code / Title 46 / Chapter 13 / Section 46-13-10
SECTION 46-13-10. Short title; administration.
Status: in_force

This chapter may be cited as the "South Carolina Pesticide Control Act" and must be administered by the State Crop Pest Commission.
S.C. Code Ann. § 46-31-70 — SC Code / Title 46 / Chapter 31 / Section 46-31-70
SECTION 46-31-70. Effect of one-third negative vote in referendum.
Status: in_force

If in any such referendum more than one third of the tobacco farmers voting thereon shall vote in the negative and against the levying or collection of such assessment, no assessment shall be levied or collected.
S.C. Code Ann. § 46-3-280 — SC Code / Title 46 / Chapter 3 / Section 46-3-280
SECTION 46-3-280. Agriculture programs to assist veterans; fund; regulations.
Status: in_force

(A)(1) There is created a program within the South Carolina Department of Agriculture to integrate veterans into the field of agriculture and support veterans currently working in agriculture. The Department of Agriculture, the Department of Veterans' Affairs, the Adjutant General, Clemson University, South Carolina State University, and any other institution of higher learning that offers agricultural programs shall work in conjunction to recruit and train eligible veterans, and develop and support the program. (2) Clemson University, in conjunction with the entities listed in subsection (A)(1), may develop a program that may include, but is not limited to, using repurposed land for agricultural development, promoting high tunnel crops and production, expanding the apiary industry, developing cottage industries, exploring niche crops, raising more livestock, increasing the aquaculture industry and helping veterans promote their agricultural products through farmers markets and cooperatives. (B) There is established in the state treasury a separate and distinct fund known as the "South Carolina Veterans and Warriors to Agriculture Program and Fund". The fund shall consist of gifts, grants and donations, and legislative appropriations which may be made to support the program. Expenditures from the fund shall be used exclusively to pay costs, fees, and expenses necessary to administer the program. (C) The Department of Agriculture shall promulgate regulations to implement the provisions of this section. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, SECTION 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.
S.C. Code Ann. § 46-13-45 — SC Code / Title 46 / Chapter 13 / Section 46-13-45
SECTION 46-13-45. Pesticide registration fees; classes of fees.
Status: in_force

There are two classes of pesticide registration fees as follows: (1) Basic. All pesticide products are classified as basic pesticides, solely for determination of the annual registration fee. The classification may not affect a pesticide's state or federal classification as a general use pesticide or a restricted use pesticide. All registrants shall pay an annual basic registration fee of one hundred seventy-five dollars for each product registered. This fee may not be increased except by an act passed by the General Assembly other than the annual appropriations bill. This fee must be used to support the general regulatory enforcement and education programs of the Division of Regulatory and Public Service. (2)(a) Special. In instances where identifiable types of pesticides require regulatory activities exceeding those provided by the general regulatory program, the director in consultation with pesticide registrants shall prepare and submit to the legislature a report containing: (i) the identity of the particular types of pesticides and a listing of such pesticides which warrant special regulatory activity; (ii) an evaluation and explanation of the special regulatory activity necessary, the approximate duration, and the costs of implementing and maintaining this activity; (iii) a recommendation of the appropriate allocation of these costs; and (iv) a recommendation of a special registration fee to collect the necessary amount to be paid by the registrants to fund the special regulatory activity. (b) All special fees collected must be devoted exclusively to the special regulatory activities for which they were established and are not subject to any direct or indirect charges, costs, or assessments by any state agency. Special fees must be terminated when the special regulatory activities which these fees support are no longer required.
S.C. Code Ann. § 46-13-110 — SC Code / Title 46 / Chapter 13 / Section 46-13-110
SECTION 46-13-110. Reporting of accidents and incidents.
Status: in_force

The Director may by regulation require the reporting of significant pesticide accidents or incidents to the Department of Health and Environmental Control.
S.C. Code Ann. § 46-45-50 — SC Code / Title 46 / Chapter 45 / Section 46-45-50
SECTION 46-45-50. Liability for pollution and flooding.
Status: in_force

The provisions of Section 46-45-70 do not affect or defeat the right of a person to recover damages for any injuries or damages sustained by him because of pollution of, or change in condition of, the waters of a stream or because of an overflow on his lands.
S.C. Code Ann. § 46-19-230 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-230
SECTION 46-19-230. Applications for participation; participation is voluntary; registration of participants.
Status: in_force

The operators of roadside markets desiring to participate in the program shall file an application with the Commissioner on a form prescribed by him, who, after inspection, shall determine eligibility of the market to participate in the program. Participation in the program shall be completely voluntary and any market desiring not to participate in the program cannot be required to do so by the Commissioner. After determining the markets eligible to participate in the program, the Commissioner, pursuant to such procedures and regulations as he may formulate, shall register such participants in the program.
S.C. Code Ann. § 46-9-35 — SC Code / Title 46 / Chapter 9 / Section 46-9-35
SECTION 46-9-35. Licensing exams and questions confidential; applicant review of failed exam.
Status: in_force

(A) Licensing examinations and licensing examination questions maintained or administered, or both, by the commission, its agents, or employees are confidential and are exempt from public disclosure. (B) The commission shall within twenty-one days after receipt of a written request from an applicant who failed the licensing examination, arrange a meeting between a commission agent and the applicant to review the applicant's licensing examination answers. Such a meeting must be held in the commission office nearest the applicant's residence.
S.C. Code Ann. § 46-1-40 — SC Code / Title 46 / Chapter 1 / Section 46-1-40
SECTION 46-1-40. Stealing tobacco plants from beds.
Status: in_force

A person who steals tobacco plants, whether severed from the freehold or not, from any tobacco plant beds is guilty of a: (1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the tobacco plants is ten thousand dollars or more; (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the tobacco plants is more than two thousand dollars but less than ten thousand dollars; (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the tobacco plants is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days.
S.C. Code Ann. § 46-42-40 — SC Code / Title 46 / Chapter 42 / Section 46-42-40
SECTION 46-42-40. Laws governing weighing devices, personnel, and procedures.
Status: in_force

All weighing devices used by grain or oilseed dealers and handlers shall be those approved by weights and measures laws. Personnel and procedures shall conform to the provisions of the Public Weighmasters Law.
S.C. Code Ann. § 46-19-280 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-280
SECTION 46-19-280. Transfer of signs.
Status: in_force

Market approval and the sign indicating the same shall be transferable between owners, provided the Department is given notice of such change of ownership within ten days of such event but shall, in no event, be transferable from one location to another nor shall approval of one market in a chain apply to any other markets in such chain.
S.C. Code Ann. § 46-3-220 — SC Code / Title 46 / Chapter 3 / Section 46-3-220
SECTION 46-3-220. Revocation of registrations or licenses; appeal.
Status: in_force

An order, decision, or other official act which revokes a registration or license issued by the commissioner, may be appealed by a person concerned by filing a notice of appeal with the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and by serving the commissioner or someone of discretion at his office, within thirty days after receipt of written notice of the order, decision, or official act affecting the registration or license of the person concerned. The commissioner, within thirty days after service of the notice of appeal, shall make a return to the Administrative Law Court as provided in its appellate rules. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
S.C. Code Ann. § 46-25-10 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-10
SECTION 46-25-10. Short title.
Status: in_force

This chapter shall be known as the South Carolina Fertilizer Law of 1954.
S.C. Code Ann. § 46-37-05 — SC Code / Title 46 / Chapter 37 / Section 46-37-05
SECTION 46-37-05. Definitions.
Status: in_force

As used in this chapter: (1) "Area" means apiary, beeyard, colony, organized or otherwise, or any other place where bees are found to colonize. (2) "Commission" means the South Carolina State Crop Pest Commission, as designated by the board of trustees of Clemson University or an officer, employee, or designee of the commission to whom authority has been given by the commission. (3) "Director" means the Director of Regulatory and Public Service Programs, Clemson University. (4) "Disease" means contagious and infectious disease, including, but not limited to, American Foulbrood, European Foulbrood, Isle of Wight disease, or any pests and parasites, including, but not limited to, Varroa Mite, Tracheal mite, Africanized bee, etc. (5) "Division" means the Division of Regulatory and Public Service Programs, Clemson University, and any of its employees, agents, and officials. (6) "Fixture" means new or used equipment, a product, or byproduct used in beekeeping including, but not limited to, honey, hives, combs, supers, frames, and other appliances.
S.C. Code Ann. § 46-17-340 — SC Code / Title 46 / Chapter 17 / Section 46-17-340
SECTION 46-17-340. Disposition of moneys collected under agreement or order; expenditures.
Status: in_force

Moneys collected by the Commission pursuant to any marketing order or agreement from any assessment or as an advance deposit thereon shall be used by the Commission and the commodity board only for the purpose of paying for expenses and costs arising in connection with the administration, amendment or termination of such order or agreement. Overhead expenses of the Department with respect to such marketing order or agreement shall be paid by funds appropriated by law and shall not be borne by any assessment.
S.C. Code Ann. § 46-17-420 — SC Code / Title 46 / Chapter 17 / Section 46-17-420
SECTION 46-17-420. Enforcement of chapter by Attorney General.
Status: in_force

Upon the request of the Commission and the commodity board, the Attorney General shall institute proceedings to enforce the remedies and to collect the moneys provided for by this chapter. Whenever the Commission and the commodity board have reason to believe that any person has violated the provisions of any marketing agreement or order, the Commission shall be empowered to institute an investigation and, after notice to such person, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the Attorney General for appropriate action.
S.C. Code Ann. § 46-21-335 — SC Code / Title 46 / Chapter 21 / Article 5 / Section 46-21-335
SECTION 46-21-335. Publication of results of examinations and tests.
Status: in_force

The Commissioner of Agriculture may publish or cause to be published, at his discretion, the results of the examinations and tests made of samples of agricultural, vegetable, or flower seeds or mixtures of agricultural seeds drawn as provided for in Section 46-21-325, together with other information he may deem advisable.
S.C. Code Ann. § 46-39-10 — SC Code / Title 46 / Chapter 39 / Section 46-39-10
SECTION 46-39-10. Definitions.
Status: in_force

As used in this chapter: (1) The term "housing" means living quarters and related facilities for use by domestic farm labor and their families. (2) The term "related facilities" means community rooms or buildings such as those used as dining halls or infirmaries or for educational or assembly purposes, or other essential services facilities such as central heating, bathing facilities, or domestic water supply. (3) The term "domestic farm labor" means citizens of the United States who receive a substantial portion of their income as laborers on farms in the United States. (4) The term "construct or repair" means to construct any structures or facilities or to rehabilitate, alter, convert, improve, or acquire and relocate existing structures or facilities.
S.C. Code Ann. § 46-42-70 — SC Code / Title 46 / Chapter 42 / Section 46-42-70
SECTION 46-42-70. Promulgation of regulations.
Status: in_force

The Department of Agriculture shall promulgate regulations to implement the provisions of this chapter.
S.C. Code Ann. § 46-17-290 — SC Code / Title 46 / Chapter 17 / Section 46-17-290
SECTION 46-17-290. Purpose of agreement or order and power to be exercised stated.
Status: in_force

The purpose of each marketing agreement and order issued and the power to be exercised thereunder shall be stated in detail in the provisions of the agreement or order for: (a) Determining the grade of any agricultural commodity and provisions for the control and disposition of such grade; (b) Regulating the period during which any agricultural commodity or any grade may be processed, distributed, handled, or otherwise marketed; (c) The establishment of surplus or reserve pools of any agricultural commodity or of any grade thereof, and providing for the sale of such surplus commodity and the equitable distribution, among the persons interested, of the net returns derived from the sale of such commodity; (d) The establishment of uniform grading and inspection of any agricultural commodity delivered by producers to handlers or processors or others engaged in the handling thereof and for the establishment of grading standards of quality, condition, size, or pack for any agricultural commodity, and the inspection and grading of such commodity in accordance with such grading standards so established. Such grading standards for any such commodity shall not be established below any minimum standards now prescribed by law for such commodity. The Federal-State inspection service shall perform all inspections made necessary by these provisions; (e) The establishment of plans for advertising and sales promotion to create markets for agricultural commodities. The commodity board and the Commission shall prepare and enforce plans for promoting and advertising the sale of such agricultural commodity. Any such plan shall be directed toward increasing the sale of such commodity without reference to a particular brand or trade name and may be in conjunction or cooperation with other states or areas as determined by the Commission and commodity board; (f) Price posting; provided, that any grade shall be sold by the handlers only at prices filed by such handlers in the manner provided for in the marketing order; (g) Requiring the labeling, marking or branding of any agricultural commodity; (h) Establishing convenient stations for inspection, weighing and receiving payment for any agricultural commodity sold by producers under any marketing agreement or order and providing for the collection of expenses of operating such stations; (i) Allowing the Commission and commodity board to cooperate with any State or Federal agency; (j) Requiring the packaging of any agricultural commodity in containers, and to set standards for such containers, in conformity with requirements in any marketing agreement or order; (k) The establishment of research programs for the improvement of control of insects or disease, economic causes and effects, harvesting, storing, transporting, marketing, handling, processing, or any other phase or division of research which would benefit any affected commodity. The advice of the Director of the State Agricultural Experiment Station shall be sought by the Commission and the commodity board in the development of research projects. Insofar as practicable, such research shall be carried out by the State Agricultural Experiment Station and may be financed by such funds as may be available to the Commission and commodity board; (l) Establishing methods, whereby agricultural commodities other than marketable products may be disposed of and for prohibiting dispositions thereof except as provided by the marketing order or agreement for such agricultural commodity; (m) The prevention of unfair competition; (n) Establishing market development programs and for the dissemination of market information according to the marketing agreement or order; (o) Insuring payment for all usable products purchased from producers according to established grades; (p) Establishing for any agricultural commodity an educational program designed to acquaint producers, handlers, processors, or other interested persons with the results of research.
S.C. Code Ann. § 46-25-1130 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1130
SECTION 46-25-1130. Remission of certain penalties.
Status: in_force

The commission may remit, in whole or in part, upon payment of the expenses incident to an investigation, any penalty provided for in this article except the penalties provided for the deficiency in analysis, where the offending person or registrant is able to show that its violation of this chapter was beyond its reasonable ability to prevent; such remission of penalty by the commission to be on such condition as to it may seem equitable and fair.
S.C. Code Ann. § 46-27-60 — SC Code / Title 46 / Chapter 27 / Article 1 / Section 46-27-60
SECTION 46-27-60. Standard weights of bags and packages.
Status: in_force

All commercial feeds shall be packed in standard weight bags or packages of twenty-five, fifty, seventy-five, one hundred, one hundred twenty-five, one hundred fifty, one hundred seventy-five or two hundred pounds. The Commissioner may prescribe other standard bag or package weights if they are in the consumer's interest or if they are to promote uniformity or are consistent with good trade practices.
S.C. Code Ann. § 46-31-10 — SC Code / Title 46 / Chapter 31 / Section 46-31-10
SECTION 46-31-10. Declaration of public interest.
Status: in_force

It is hereby declared to be in the public interest that the farmers of this State who produce flue-cured tobacco be permitted and encouraged to act jointly in promoting flue-cured tobacco by organized methods and through the medium established for such purpose.
S.C. Code Ann. § 46-23-50 — SC Code / Title 46 / Chapter 23 / Section 46-23-50
SECTION 46-23-50. Commissioner may detect and prevent spread of noxious weeds.
Status: in_force

The commission is authorized to carry out operations or measures necessary to detect, eradicate, suppress, control, or prevent the spread of noxious weeds new to or not heretofore widely prevalent or distributed within and throughout the State. The commission is authorized to promulgate rules and regulations to accomplish the purposes of this chapter.
S.C. Code Ann. § 46-41-40 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-40
SECTION 46-41-40. Application for license.
Status: in_force

Every dealer in agricultural products, desiring to transact business within the State, shall, prior to transacting such business, file an application for a license with the Commissioner. License shall be renewed annually on its anniversary date. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state: (1) The kind of agricultural products the applicant proposes to handle; (2) The full name or title of the applicant, or if the applicant be an association or copartnership, the name of each member of such association or copartnership, or if the applicant be a corporation, the name of each officer of the corporation; (3) The name of the local agent of the applicant, if any; (4) The cities, and towns, within which places of business of the applicant will be located, together with the street or mailing address of each.
S.C. Code Ann. § 46-25-60 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-60
SECTION 46-25-60. Relief from liability of registrant for distributor's alteration of content or labeling of fertilizer.
Status: in_force

If a penalty is incurred as a result of a distributor altering the content or labeling of a commercial fertilizer shipped in bulk to the distributor by a registrant, the commission or its authorized representative may relieve the registrant of the liability for payment of the penalty and, in lieu thereof, assess the penalty against the distributor who deliberately or inadvertently altered the fertilizer or its labeling.
S.C. Code Ann. § 46-1-131 — SC Code / Title 46 / Chapter 1 / Section 46-1-131
SECTION 46-1-131. Driving vehicle through planted fields by an unauthorized person prohibited; penalties.
Status: in_force

It shall be unlawful for any unauthorized person to drive any type of vehicle in a wilful or negligent manner through a field in which agricultural or silviculture products are planted. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars or imprisoned for a term not to exceed ninety days.
S.C. Code Ann. § 46-57-30 — SC Code / Title 46 / Chapter 57 / Section 46-57-30
SECTION 46-57-30. Undercooked ground beef product; liability; notice of possible health risk.
Status: in_force

(A) Notwithstanding any other provision of law, ground beef or any food containing ground beef prepared by a food service provider for public consumption must be cooked to heat all parts of the food to at least one hundred fifty-five degrees Fahrenheit, or sixty-eight degrees Celsius, unless otherwise ordered by the immediate consumer. (B) The food service provider, its business, or its employees or agents, are not liable for any adverse effects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less than one hundred fifty-five degrees Fahrenheit, or sixty-eight degrees Celsius, if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit, or sixty-eight degrees Celsius, and be given to the purchaser: (1) in writing; (2) as stated on the menu; or (3) by visible sign warning. (C) In order for an immediate consumer or purchaser, as used in this section, to request or order ground beef to be cooked to a temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), the individual must be eighteen years of age or older.
S.C. Code Ann. § 46-53-50 — SC Code / Title 46 / Chapter 53 / Section 46-53-50
SECTION 46-53-50. Warning notice to be posted in conspicuous location; printed warning notice to be included in every written contract; required language of notice.
Status: in_force

(A) Every agritourism professional must post and maintain at least one sign that contains a warning notice. The sign must be clearly visible and placed at the entrance of the agritourism activity or another conspicuous location on or near where agritourism activities are conducted. Each letter on the sign must be a minimum of one inch in height. (B) Every written contract entered into with a participant by an agritourism professional for professional services, instruction, or rental of equipment related to an agritourism activity, must have a printed warning notice in or affixed to the contract. The warning notice must be clearly legible, and the words must be in boldface, twelve-point type. (C) The warning notices required in this section must contain the following statement: "WARNING ! Under South Carolina law, an agritourism professional is not liable for an injury to or the death of a participant in an agritourism activity resulting from an inherent risk associated with the agritourism activity. (Chapter 53, Title 46, Code of Laws of South Carolina, 1976)." (D) Failure to comply with the requirements in this section concerning warning signs and notices prevents an agritourism professional from pleading assumption of the risk of an agritourism activity as provided in Section 46-53-30 and invoking the privileges of immunity provided in Section 46-53-20.
S.C. Code Ann. § 46-19-110 — SC Code / Title 46 / Chapter 19 / Article 3 / Section 46-19-110
SECTION 46-19-110. Authorization.
Status: in_force

Any county or municipality or combination thereof in this State may, at the discretion of its or their governing body or bodies, establish in and for such county or in or near and for such municipality or groups of municipalities a farm marketing center and acquire, own, operate, lease for operation or lease to others for operation such farm marketing center or any part of such center as may appear desirable.
S.C. Code Ann. § 46-27-670 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-670
SECTION 46-27-670. Use of fines.
Status: in_force

The proceeds from such fines shall be covered into the State Treasury for use of the Department of Agriculture.
S.C. Code Ann. § 46-17-80 — SC Code / Title 46 / Chapter 17 / Section 46-17-80
SECTION 46-17-80. How notice of hearing is given.
Status: in_force

The Commission shall publish notice of any hearing before considering and acting upon any proposal for a period of not less than five days in a newspaper of general circulation in Columbia, Greenville, and Charleston and such other newspapers as the Commission may prescribe, and shall post notice of such hearing on a public bulletin board to be maintained for such purpose in the Department. No public hearing shall be held prior to five days after the last day of such period of publication. The notice shall set forth the date, time, and place of the hearing, the agricultural commodity and the area covered by the proposal, a concise statement of the proposal; a concise statement of each additional subject upon which the hearing examiner will hear evidence and make a determination; the purposes for which money, if any, is sought to be raised including the amount necessary for the implementation of the proposed marketing order or amendments; where copies of the proposal may be obtained; and any other information which is deemed necessary. On the day preceding the first day on which such notice is published, the Commission shall also mail a copy of the notice to all producers directly affected by such proposal whose addresses are on file in the Department.
S.C. Code Ann. § 46-17-410 — SC Code / Title 46 / Chapter 17 / Section 46-17-410
SECTION 46-17-410. Jurisdiction of courts; action for specific performance or injunction.
Status: in_force

(a) The courts are hereby vested with jurisdiction: (1) To enforce this chapter and the provisions of each and every marketing agreement and order issued pursuant to this chapter; (2) To enjoin temporarily pending litigation and thereafter permanently enjoin any person from violating this chapter; (3) To require pending litigation and thereafter permanently by mandamus every person subject to the provisions of any agreement or order to perform the provisions of this chapter and every duty imposed upon such person by such marketing agreement or order. (b) The Commission or any commodity board or any person affected by any marketing order or agreement upon joining the chairman of the Commission as a party may bring an action for specific performance or injunction against any person who violates the obligations imposed upon him by this chapter or by any marketing agreement or order.
S.C. Code Ann. § 46-41-10 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-10
SECTION 46-41-10. Definitions.
Status: in_force

For the purpose of this chapter the following words shall mean: (1) "Dealer in agricultural products" means any person, association, itinerant dealer, copartnership or corporation engaged in the State in the business of buying, receiving, selling, exchanging, negotiating, processing for resale or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his agent or representative or received on consignment from the producer or his agent or representative or received to be handled on net return basis from the producer. (2) "Commissioner" means the Commissioner of Agriculture. (3) "Agricultural products" shall mean and include the natural products of the farm, orchard, vineyard, garden and apiary, raw and manufactured; livestock and poultry products but shall not include tobacco, cotton, dairy products and timber products. (4) "Net return basis" means a purchase for sale of agricultural products from a producer or shipper at an unfixed or unstated price at the time the agricultural products are shipped from the point of origin, and it shall include all purchases made "at the market price," "at net worth," and on similar terms, which indicate that the buyer is the final arbiter of the price to be paid. (5) "Consignment" means any transfer of agricultural products by the seller to the custody of another person who acts as the agent for the seller for the purpose of selling such agricultural products. (6) "Producer" means any producer of agricultural products produced in the State.
S.C. Code Ann. § 46-3-50 — SC Code / Title 46 / Chapter 3 / Section 46-3-50
SECTION 46-3-50. Bond.
Status: in_force

The bond of the Commissioner shall be in the sum of fifty thousand dollars, and his liability thereon shall not extend to losses incurred in bonded warehouses, except in case of tort or neglect of duty on his part.
S.C. Code Ann. § 46-10-70 — SC Code / Title 46 / Chapter 10 / Section 46-10-70
SECTION 46-10-70. Inspections.
Status: in_force

To effectuate the purposes of this chapter, the commission may with a warrant or the consent of the owner make reasonable inspection of any premises in this State and any property therein or thereon and may without a warrant stop and inspect, in a reasonable manner, any means of conveyance moving within this State upon probable cause to believe it contains or carries any pest, host or other article subject to this chapter and may make any other reasonable inspection of any premises or means of conveyance for which, under the Constitution of the United States and the Constitution of this State, no warrant is required. The courts of this State shall have authority to issue warrants for such inspections upon a showing by the commission that there is probable cause to believe that there exists in or on the property to be inspected a pest, host or other article subject to this chapter.
S.C. Code Ann. § 46-39-170 — SC Code / Title 46 / Chapter 39 / Section 46-39-170
SECTION 46-39-170. Secretary of State to file and index charters and amendments.
Status: in_force

All papers required to be filed hereunder and all charters or amendments thereof that may be granted shall be filed under proper numbers and indexed by the Secretary of State. The charter or amendments shall be recorded within thirty days after its receipt in the office of the clerk of court or register of deeds in the county in which the corporation is organized.
S.C. Code Ann. § 46-35-80 — SC Code / Title 46 / Chapter 35 / Section 46-35-80
SECTION 46-35-80. Disclosure requirements relative to sale of orchards.
Status: in_force

If a property owner sells a portion or all of an orchard he must disclose to the buyer in writing on or before the completion of the sale of the property that a nuisance exists or may exist regarding the orchard or such portion of the orchard, that the property is subject to the provisions of this chapter, and that the buyer may be required to take or pay for certain corrective actions in connection with the orchard or such portion of the orchard, if it is abandoned or becomes neglected, pursuant to the provisions of this chapter. The seller must also notify the commission of the sale of the orchard, and the buyer's acknowledgement of receipt of the written notice must be affixed to the notice.
S.C. Code Ann. § 46-17-430 — SC Code / Title 46 / Chapter 17 / Section 46-17-430
SECTION 46-17-430. Remedies are additional.
Status: in_force

The remedies provided for herein shall be in addition to, and not exclusive of, any other remedies or penalties provided for in this chapter or now or hereafter existing at law or in equity, and such remedies shall be concurrent and alternative and neither singly nor combined shall they be exclusive.
S.C. Code Ann. § 46-9-10 — SC Code / Title 46 / Chapter 9 / Section 46-9-10
SECTION 46-9-10. Commission established; duties and responsibilities; membership of commission.
Status: in_force

The State Crop Pest Commission is established. It shall execute this chapter, Section 46-1-140, Chapters 10, 13, 25, 26, 33, 35, and 37 of this title and other duties and responsibilities assigned by law. The commission consists of no less than three members of the Agriculture and Natural Resources Committee of the Clemson University Board of Trustees, or the committee's successor, as designated by the board.
S.C. Code Ann. § 46-17-20 — SC Code / Title 46 / Chapter 17 / Section 46-17-20
SECTION 46-17-20. Declaration of purpose.
Status: in_force

The marketing of agricultural products within this State affects the public interest. It is declared to be the purpose of this chapter to promote the general welfare of the State by enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading and standardizing of the commodities they produce and in promoting and increasing the sale and proper use of such commodities. This chapter is enacted in the exercise of the police powers of this State for the purpose of protecting the health, peace, safety, and general welfare of the people of this State.
S.C. Code Ann. § 46-1-140 — SC Code / Title 46 / Chapter 1 / Section 46-1-140
SECTION 46-1-140. Requirement that irrigation systems designed or used for application of fertilizer, pesticide, or chemicals be equipped with anti-syphon device.
Status: in_force

Any irrigation system which is designed or used for the applications of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. The minimum acceptable anti-syphon device shall include a check valve, vacuum breaker, and low pressure drain on the irrigation supply line between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. The vacuum breaker must be upstream from the check valve. The low pressure drain must be upstream from the vacuum breaker. The injection pump must be tied to the irrigation pump either mechanically or electrically so that the injection pump shall stop operating if the irrigation pump fails to function. Any person who uses an irrigation system for the application of fertilizer, pesticide, or chemicals which is not equipped with an anti-syphon device as required by this section is subject to a civil penalty of not more than five hundred dollars. Each day's violation is subject to an additional fine. The Division of Regulatory and Public Service Programs at Clemson University shall promulgate regulations with the advice of the Department of Health and Environmental Control as it considers necessary to implement this section and is also charged with enforcing this section. The provisions of this section do not apply to residential yard use.
S.C. Code Ann. § 46-41-95 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-95
SECTION 46-41-95. Records to be maintained by dealer; inspection of records.
Status: in_force

(1) Each licensed dealer shall maintain complete and current records to show all transactions of business as defined in item (1) of Section 46-41-10. All records shall be maintained on a daily basis as directed by the Commissioner. The Department of Agriculture shall by regulation establish the forms on which such records shall be kept. (2) All records shall be available for inspection by the Commissioner or his agents during ordinary business hours and any other time specified by the Commissioner or his agents in writing. (3) All records shall be kept for a period of not less than six years. Such records shall be kept for the stated time period even if a license has been canceled.
S.C. Code Ann. § 46-3-120 — SC Code / Title 46 / Chapter 3 / Section 46-3-120
SECTION 46-3-120. Departments and institutions shall furnish information.
Status: in_force

In order to facilitate the collection and collation of information of the resources of the State on all lines, the heads of the several departments of the State government and of the State institutions shall furnish accurately such information as may be at their command to the Commissioner when called upon for it.
S.C. Code Ann. § 46-21-465 — SC Code / Title 46 / Chapter 21 / Article 7 / Section 46-21-465
SECTION 46-21-465. Preliminary hearing.
Status: in_force

Prosecutions for violations of Articles 1, 3, 5, or 7 of this chapter, if the evidence of violations is based on tests or analyses, must be instituted as follows: When the Commissioner of Agriculture finds that the articles have been violated, as shown by test examination or analysis, he shall give notice to the person in possession of the seed, designating a time and place for a hearing. This hearing must be private, and the person involved shall have the right to introduce evidence, either in person, by agent or attorney. If, after the hearing, or without the hearing in case the person fails or refuses to appear, the Commissioner decides that the evidence warrants prosecution, he shall proceed as provided in Section 46-21-455.
S.C. Code Ann. § 46-55-10 — SC Code / Title 46 / Chapter 55 / Section 46-55-10
SECTION 46-55-10. Definitions.
Status: in_force

For the purposes of this chapter: (1) "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant. (2) "Commercial sales' means the sale of hemp products in the stream of commerce, at retail, wholesale, and online. (3) "Commissioner" means the Commissioner of the South Carolina Department of Agriculture. (4) "Cultivating" means planting, watering, growing, and harvesting a plant or crop. (5) "Department" means the South Carolina Department of Agriculture. (6) "Federally defined THC level for hemp" means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. SECTION 5940, whichever is greater. (7) "Handling" means possessing or storing hemp for any period of time. "Handling" also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products. (8) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity. (9) "Hemp products" means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product. (10) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter to cultivate, handle, or process hemp. (11) "Marijuana" has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein. (12) "Processing" means converting an agricultural commodity into a marketable form. (13) "State plan" means the plan submitted by the department and approved by the Secretary of the United States Department of Agriculture pursuant to which the department regulates hemp production. (14) "THC" means tetrahydrocannabinol. Editor's Note 2019 Act No. 14, SECTION 3, provides as follows: "SECTION 3. (A) The forty 2019 licenses issued pursuant to Chapter 55, Title 46 prior to the effective date of this act shall be valid for the term of the licenses, under the terms and conditions under which the licenses were issued, except that, upon the approval of the South Carolina Department of Agriculture, each licensee may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes. "(B) Notwithstanding the provisions of Section 46-55-20(B)(3), as amended by this act, as of the date licenses were issued for 2019, the South Carolina Department of Agriculture may issue additional licenses for 2019 to any applicant that met the licensing criteria but was denied solely because the department had already issued the legally permitted number of licenses for the year. Licenses issued pursuant to this subsection shall be for the same term, and under the same terms and conditions, under which the forty licenses identified in subsection (A) were issued. Licensees pursuant to this subsection also may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes upon the approval of the South Carolina Department of Agriculture. "(C) The law under which licenses are issued shall be in full force and effect for those licenses during the term of the licenses." Effect of Amendment 2017 Act No. 37, SECTION 1, in (1), inserted "any part of", "cannabinoids,", "construction materials,", and substituted "seed meal, supplements," for "seed meal and"; rewrote (2), relating to the definition of "industrial hemp"; in (3), substituted "Delta-9 tetrahydrocannabinol" for "Tetrahydrocannabinol"; and added (4), relating to the definition of "human consumption". 2019 Act No. 14, SECTION 1, rewrote the section.
S.C. Code Ann. § 46-25-850 — SC Code / Title 46 / Chapter 25 / Article 11 / Section 46-25-850
SECTION 46-25-850. Examination of registrant's records.
Status: in_force

The commission or its authorized representative shall have authority to examine the registrant's records and verify the tonnages of commercial fertilizer manufactured, stored, handled, or sold.
S.C. Code Ann. § 46-5-20 — SC Code / Title 46 / Chapter 5 / Section 46-5-20
SECTION 46-5-20. Powers.
Status: in_force

The Commission shall have the power to: (1) Adopt policies, rules and regulations of the Department of Agriculture for its own government not inconsistent with the laws of the State. (2) Annually approve budget requests for the institutions, agencies and service under the control of the Department of Agriculture as prepared by the Commissioner of Agriculture prior to being submitted to the Governor and to the General Assembly. (3) Appoint such committees and such members of committees as may be required or as may be desirable to carry out the orderly function of the Commission. (4) Cooperate fully with the Commissioner of Agriculture at all times to the end that the State's agricultural economy may constantly be improved. (5) Assume such other responsibilities and exercise such other powers and perform such other duties as may be assigned to it by law.
S.C. Code Ann. § 46-25-1080 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1080
SECTION 46-25-1080. Penalty for shortage in weight.
Status: in_force

If any commercial fertilizer in the possession of the consumer is found by the commission to be short in weight, the registrant of such commercial fertilizer shall, within thirty days after official notice from the commission or its duly authorized representative, pay to the consumer a penalty equal to four times the value of the actual shortage. Underweight commercial fertilizer stored or offered for sale, other than in the possession of the consumer, shall be deemed misbranded.
S.C. Code Ann. § 46-17-140 — SC Code / Title 46 / Chapter 17 / Section 46-17-140
SECTION 46-17-140. Referendum to determine assent to marketing order.
Status: in_force

After final recommendation of the adoption, amendment, or termination of a marketing order, the Commission shall determine by referendum whether the affected producers assent to the proposed action. The Commission shall conduct the referendum within forty-five days after the issuance of the final order. The affected producers shall be deemed to have assented to the proposal if either of the following conditions are met: (1) If sixty-six and two-thirds percent or more by number of those voting representing fifty-one percent or more of the volume of the affected commodity produced by those voting assent to the proposal. (2) If fifty-one percent or more by number of those voting representing sixty-six and two-thirds percent or more of the volume of the affected commodity produced by those voting assent to the proposal.
S.C. Code Ann. § 46-25-40 — SC Code / Title 46 / Chapter 25 / Article 1 / Section 46-25-40
SECTION 46-25-40. Rules and regulations.
Status: in_force

The commission may establish such rules and regulations in regard to the inspection, analysis, distribution, and sale of commercial fertilizer, agricultural lime, and soil amendments as shall not be inconsistent with the provisions of this chapter and as in its judgment will best carry out the requirements thereof.
S.C. Code Ann. § 46-26-120 — SC Code / Title 46 / Chapter 26 / Section 46-26-120
SECTION 46-26-120. Penalty when material is underweight.
Status: in_force

If any agricultural liming material, or landplaster, or both, in the possession of the consumer is found by the commission to be short in weight, the registrant of the agricultural liming material, or landplaster, or both, within thirty days after official notice from the commission or its duly authorized representative, shall pay to the consumer a penalty equal to four times the value of the actual shortage. Underweight agricultural liming materials stored or offered for sale, other than in the possession of the consumer, is considered misbranded.
S.C. Code Ann. § 46-19-20 — SC Code / Title 46 / Chapter 19 / Article 1 / Section 46-19-20
SECTION 46-19-20. Investigation and incorporation.
Status: in_force

The Department shall investigate and consider all petitions for local marketing authorities filed with it and, if a need for such local authority and reasonable chances for success shall appear, the department shall certify such facts to the Secretary of State who, without charge, shall issue a certificate of incorporation to the local marketing authority.
S.C. Code Ann. § 46-13-50 — SC Code / Title 46 / Chapter 13 / Section 46-13-50
SECTION 46-13-50. Licensing of pesticide dealers.
Status: in_force

A. (1) After October 21, 1976, no person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a pesticide dealer unless he is licensed annually as provided in this chapter. A separate license and fee shall be obtained for each establishment from which restricted use pesticides are distributed, sold, held for sale, or offered for sale directly to the user or for resale. (2) Applications for a pesticide dealer license shall be in the form and shall contain the information prescribed by the director. Each initial application shall be accompanied by a fee of fifty dollars; additional license for applicants at the same location shall be ten dollars per applicant. All licenses issued under this chapter shall expire on December thirty-first of the year for which they are issued. (3) The license for a pesticide dealer may be renewed annually upon application to the director accompanied by a fee of fifty dollars for each license, on or before the first day of January of the calendar year for which the license is issued. (4) Every licensed pesticide dealer who changes his address or place of business shall notify the director within ten days. (5) The director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to conduct the business described in the application for the calendar year for which the license is issued, unless the license is sooner revoked or suspended. (6) If an application for renewal of a pesticide dealer license is not filed on or prior to January first of any one year an additional fee of twenty-five percent of the original fee shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued; provided, that such additional fee shall not apply if the applicant furnishes an affidavit that he has not operated as a licensed pesticide dealer subsequent to the expiration of his prior license. B. (1) An applicant for a license must present evidence satisfactory to the Director concerning his qualifications for such license. Each applicant for an original license must demonstrate upon written, or written and oral, examination to be prescribed by the Director his knowledge of pesticides, their usefulness and their hazards, his competence as a pesticide dealer; and his knowledge of the laws and regulations governing the use and sale of pesticides. (2) The Director shall by regulation designate what persons or class of persons shall be required to pass the examination in the case of a pesticide dealer operating more than one location, and in the case of an applicant that is a corporation, governmental unit or agency, or other organized group. C. (1) Every licensed pesticide dealer shall submit to the Director with each application for an original or renewal license, and at such other times as the Director may prescribe, the names of all persons employed by him who sell or recommend restricted-use pesticides. (2) Each pesticide dealer shall be responsible for the actions of every person who acts as his employee or agent in the solicitation or sale of pesticides, and in all claims and recommendations for use of application of pesticides. (3) Provisions of this section shall not apply to a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service when such pesticides are dispensed only through equipment used for such pesticide application; or any federal, state, county, or municipal agency which provides pesticides only for its own programs. D. The Director shall prescribe regulations requiring pesticide dealers to maintain such records with respect to their operations as necessary for the effective enforcement of this chapter. After an opportunity for a hearing, the Director may require additional information to be included in these records. E. No person shall sell a restricted use pesticide to an establishment in South Carolina from which such pesticides are sold, distributed, held for sale, or offered for sale unless the establishment is licensed as provided in this chapter.
S.C. Code Ann. § 46-21-665 — SC Code / Title 46 / Chapter 21 / Article 9 / Section 46-21-665
SECTION 46-21-665. Definitions.
Status: in_force

(1) The terms "certification" and "certified" as applied to seeds and plants pursuant to this article are defined as a guarantee that all necessary precautions have been taken to see that the seeds and plants conform to commonly recognized standards of quality for seeds and plants as established by Clemson University. (2) The term "seed" as used in this article refers to the true seeds of all field crops, vegetables, flowers, or other plants. (3) The term "plant" includes seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other plant parts used in the propagation of field crops, vegetables, fruits, flowers, or other plants. (4) The term "variety" means its original meaning and includes strains of varieties which are sufficiently different from the parent variety to justify special designation.
S.C. Code Ann. § 46-23-60 — SC Code / Title 46 / Chapter 23 / Section 46-23-60
SECTION 46-23-60. Inspections and seizures.
Status: in_force

Any authorized inspector shall have authority to stop and inspect without a warrant any person or means of conveyance moving into the State and any noxious weed, and any product or article of any character whatsoever which it has reason to believe contains or is contaminated with any noxious weed, to determine whether such person, product, article, or means of conveyance contains or is carrying any noxious weed contrary to this chapter or the regulations promulgated thereunder, and whether any such noxious weed, product, article, or means of conveyance contains or is contaminated with any noxious weed or is moving in violation of this chapter or any regulation promulgated thereunder; to stop and inspect, without a warrant, any person, product, article, or means of conveyance moving intrastate and any noxious weed, when it has reason to believe that such means of conveyance, product, or article contains any noxious weed, is contaminated thereby, or is moving contrary to the provisions of this chapter or any regulation promulgated thereunder; and to enter, with a warrant, any premises in the State to make any inspections and seizures necessary under this chapter. Any judge of a court of competent jurisdiction in South Carolina may, within his respective jurisdiction upon proper oath or affirmation showing probable cause to believe that there are on certain premises any noxious weeds, products, articles, or means of conveyance, regulated, or subject to disposal under this chapter, issue warrants for the entry of such premises to make any inspections or seizures under this chapter. Such warrants may be executed by any authorized employee of the Division of Regulatory and Public Service Programs, Clemson University.
S.C. Code Ann. § 46-40-50 — SC Code / Title 46 / Chapter 40 / Section 46-40-50
SECTION 46-40-50. Loan from Insurance Reserve Fund authorized; repayment; disposition of federal funds or other funds not received from assessments.
Status: in_force

(A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million two hundred thousand dollars on a one-time basis to the department for the use of the Grain Dealers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. (B) Any federal funds or other funds not derived from grain assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each grain dealer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments.
S.C. Code Ann. § 46-27-630 — SC Code / Title 46 / Chapter 27 / Article 9 / Section 46-27-630
SECTION 46-27-630. How sales are made.
Status: in_force

Such seizure and sale shall be made by the Commissioner or under the direction of any officer of his appointment. The sale shall be made at the courthouse door of the county in which the seizure is made; provided that whenever, for sufficient reasons appearing to the Commissioner or his representative, another place of sale is more convenient and more desirable, such place of sale may be selected. The sale shall be advertised for thirty days in a newspaper published in the county in which the seizure is made or if no newspaper is published in such county, then it shall be advertised in a newspaper published in the nearest county having a newspaper. The advertisement shall state the brand or name of the goods, the quantity, why seized and offered for sale and the time and place of sale.
S.C. Code Ann. § 46-9-100 — SC Code / Title 46 / Chapter 9 / Section 46-9-100
SECTION 46-9-100. Fines deposited to credit of State Treasury.
Status: in_force

Fines resulting from prosecutions under this chapter and other chapters of this title assigned to the commission must be paid to the State Treasurer and deposited to the credit of the State Treasury.
S.C. Code Ann. § 46-53-10 — SC Code / Title 46 / Chapter 53 / Section 46-53-10
SECTION 46-53-10. Definitions.
Status: in_force

As used in this chapter: (1) "Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to participate in rural activities. (2) "Agritourism professional" means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation. (3) "Inherent risks of an agritourism activity" means those dangers or conditions that are inherent to an agritourism activity, including hazards related to surface and subsurface conditions, natural conditions of land, vegetation, and water at the agritourism location, the behavior of wild or domestic animals, except dogs, and ordinary dangers associated with structures or equipment commonly used in farming and ranching operations. Inherent risks of an agritourism activity also includes a participant that acts in a negligent manner that causes or contributes to an injury to or the death of the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in an agritourism activity. Inherent risk does not include any wilful, wanton, or reckless act or omission by the agritourism professional or any defect to land, structures, or equipment commonly used in farming and ranching operations that the agritourism professional knew or should have known existed. (4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity. (5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit. (6) "Rural activity" means wildlife management, farming and ranching, and associated historic, scientific research, cultural, harvest-your-own, and natural activities and attractions.
S.C. Code Ann. § 46-51-30 — SC Code / Title 46 / Chapter 51 / Section 46-51-30
SECTION 46-51-30. Procedure to obtain permits.
Status: in_force

An individual seeking to obtain the necessary permits to begin an aquaculture operation must be directed to the Aquaculture Permit Assistance Office to complete an application and provide all information required by the permitting agencies to process the application and render a decision.
S.C. Code Ann. § 46-27-410 — SC Code / Title 46 / Chapter 27 / Article 7 / Section 46-27-410
SECTION 46-27-410. Commissioner may inspect and take samples.
Status: in_force

The Commissioner, together with his deputies, agents and assistants shall have access to all places of business, mills and storage facilities used in the manufacture, importation or sale of any commercial feed and may open any package containing or supposed to contain any commercial feed during the normal operating hours of business and upon tender and payment of the selling price of samples, take therefrom, in the manner prescribed in this article, samples for analysis.
S.C. Code Ann. § 46-41-90 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-90
SECTION 46-41-90. Records to be kept by dealers; when dealer shall make payment to producer.
Status: in_force

Every dealer in agricultural products must upon the receipt of agricultural products on consignment basis and as he handles and disposes of them, make and preserve for at least one year a record, specifying the name and address of the producer consigning the agricultural products, the date of receipt, and the kind and quality of such produce. Such consignment sales must be substantiated by a written contract on forms approved by the Department of Agriculture. The dealer must make payment in settlement for such shipment to the producer within ten days after the sale of such agricultural products, unless otherwise agreed in writing.
S.C. Code Ann. § 46-19-260 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-260
SECTION 46-19-260. Notice and hearing on disapproved application.
Status: in_force

When an application for participation is disapproved or when previously granted approval is revoked, the market owner shall be given written notice setting forth the reason for the action taken and shall, upon request, be afforded a hearing in accordance with applicable provisions of the 1976 Code.
S.C. Code Ann. § 46-25-410 — SC Code / Title 46 / Chapter 25 / Article 5 / Section 46-25-410
SECTION 46-25-410. Information required on containers or with bulk shipments.
Status: in_force

All commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form (a) the net weight; (b) the brand and grade; (c) the guaranteed analysis; (d) the name and address of the registrant. When distributed in bulk, a written or printed statement of the information required by items (a), (b), (c) and (d) of the first paragraph of this section shall accompany delivery and be supplied to the purchaser.
S.C. Code Ann. § 46-25-1060 — SC Code / Title 46 / Chapter 25 / Article 13 / Section 46-25-1060
SECTION 46-25-1060. Determination and publication of commercial values to use in assessing penalties.
Status: in_force

For the purposes of determining the commercial values to be applied under the provisions of this chapter, the commission shall determine and publish annually the relative commercial values per unit of nitrogen, phosphoric acid, and potash in commercial fertilizers in this State. The values so determined and published shall be used in assessing penalties.
S.C. Code Ann. § 46-41-170 — SC Code / Title 46 / Chapter 41 / Article 1 / Section 46-41-170
SECTION 46-41-170. Penalty; enforcement by injunction; probation; civil fine.
Status: in_force

(A) Any dealer in agricultural products violating the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall for the first offense be fined not less than one thousand dollars or, in the case of individuals, the members of a partnership, and the responsible officers and agents of an association or corporation, imprisoned not exceeding six months, and for a second or subsequent offense shall, upon conviction, be fined not less than three thousand dollars or imprisoned not exceeding one year, or both in the discretion of the court. (B) In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the commissioner is authorized to make application for injunction to a circuit court and the circuit court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter, or any rule or regulation, such injunction to be issued without bond. (C) The commissioner may, by issuing his order, place any licensee who violates any provision of the chapter or any unlicensed person found to have been dealing in agricultural products on probation or levy a civil fine of not more than one thousand dollars, or both. All monies received as civil fines shall be remitted to the State Treasurer to be credited to the Grain and Cotton Producers Guaranty Fund established by Article 2 of this chapter. When the fund reaches six million dollars such civil fines shall be remitted to the general fund of the State. The licensee may appeal the levy of the civil fines to the circuit court of the county in which the alleged unlawful activity was performed. Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments." Effect of Amendment 2022 Act No. 181, SECTION 3, substituted the (A) to (C) paragraph designators for the (1) to (3) designators; in (A) and (B), made nonsubstantive changes; and in (C), in the second sentence, inserted "and Cotton" following "the Grain", and made a nonsubstantive change.
S.C. Code Ann. § 46-27-420 — SC Code / Title 46 / Chapter 27 / Article 7 / Section 46-27-420
SECTION 46-27-420. Analysis of samples; how samples are taken.
Status: in_force

The Commissioner shall annually cause to be analyzed at least one sample so taken of every commercial feed that is found, sold or offered or exposed for sale in this State under the provisions of Articles 1 to 9 of this chapter. The samples, not less than one pound in weight, shall be taken from not less than ten bags or packages, or if there be less than ten bags or packages, then from each bag or package, if it be in bag or package form, or if such commercial feed be in bulk, then from ten different places of the lot.
S.C. Code Ann. § 46-51-20 — SC Code / Title 46 / Chapter 51 / Section 46-51-20
SECTION 46-51-20. Single application form for all permitting agencies to be established.
Status: in_force

Within ninety days after the creation of the office the facilitator shall meet with the director of the Department of Health and Environmental Control, the director of the South Carolina Department of Natural Resources and the director of the Department of Administration to establish one application form which must be used by all the permitting agencies when a potential aquaculturist is seeking permits, licenses, and certifications to begin an aquaculture operation. The permit facilitator shall recognize the value and integrity of the permitting programs of each of the state's regulatory agencies listed above and seek to maintain the division of authority.
S.C. Code Ann. § 46-31-90 — SC Code / Title 46 / Chapter 31 / Section 46-31-90
SECTION 46-31-90. Collection and disposition of assessment.
Status: in_force

Any such assessment, if authorized, shall be collected annually for three years under such method, rules and regulations as may be determined by the board of directors of Tobacco Associates, Incorporated, and the assessment so collected shall be paid into the treasury of Tobacco Associates, Incorporated, to be used along with funds from other sources for the purpose of promotion of flue-cured tobacco.
S.C. Code Ann. § 46-19-270 — SC Code / Title 46 / Chapter 19 / Article 5 / Section 46-19-270
SECTION 46-19-270. Penalty for displaying unauthorized sign.
Status: in_force

(A) It is unlawful for a market to: (1) display a sign indicating approval by the department or participation in the program before the approval by the department; or (2) continue to display the sign after final administrative action revoking the approval of the market; or (3) fail to return to the department a sign issued to the market by the department within ten days after official notice from the department to return the sign. (B) The owner of the market who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 46-17-260 — SC Code / Title 46 / Chapter 17 / Section 46-17-260
SECTION 46-17-260. Powers of boards generally; Commission to certify status and changes in membership; marketing orders and agreements, bylaws, rules, and regulations filed with Secretary of State.
Status: in_force

Each commodity board is authorized to accept donations, gifts, and other property to be used for commodity board purposes. Each commodity board may exercise the powers and authority conferred by law upon corporations. It shall be the duty of the Commission to certify to the Secretary of State the status and changes in the membership of each commodity board. All marketing orders and agreements receiving assent in referendum and all bylaws and rules and regulations pertaining thereto shall be filed in the office of the Secretary of State.
S.C. Code Ann. § 46-26-30 — SC Code / Title 46 / Chapter 26 / Section 46-26-30
SECTION 46-26-30. Delegation of duties to director.
Status: in_force

The commission shall delegate the duties in this chapter to the director who may administer and enforce this chapter and related regulations.
S.C. Code Ann. § 46-30-250 — SC Code / Title 46 / Chapter 30 / Article 3 / Section 46-30-250
SECTION 46-30-250. Purposes and powers of Tobacco Community Development Board.
Status: in_force

(1) The board is established for the purposes of: (a) assisting the trust in providing economic aid to the tobacco growers and tobacco quota holders within the State in a manner consistent with provisions of the trust agreement executed by the State for the trust such as: (i) identifying the tobacco growers and tobacco quota holders of the State that shall receive a payment from the trust; (ii) determining the respective amount of payment the eligible tobacco farmer and tobacco quota holder shall receive; and (iii) submitting this information to the trustees of the trust; (b) carrying out any other responsibilities that assist the trust agreement and are consistent with state law and the purposes of this article. (2) The board has the power to do any and all lawful acts that may be necessary for the furtherance and accomplishments of the purposes of this board.
S.C. Code Ann. § 46-21-1020 — SC Code / Title 46 / Chapter 21 / Article 13 / Section 46-21-1020
SECTION 46-21-1020. Appointment of arbitration committee; procedures.
Status: in_force

(A) The Commissioner shall appoint an arbitration committee composed of five members and five alternate members. One member and one alternate must be appointed upon the recommendation of each of the following: (1) the Dean of Extension, College of Agriculture, Clemson University; (2) the Dean of Research, College of Agriculture, Clemson University; (3) the President of the Seedsman's Association of South Carolina, or if there is no association, then a seedsman residing in this State who is designated by the President of the American Seed Trade Association; (4) the president of a farmer organization of South Carolina as the Commissioner may determine to be appropriate; and (5) the Commissioner. Each alternate member shall serve only in the absence of the member for whom the person is an alternate. The committee shall elect a chairman and a secretary from its membership. The chairman shall conduct meetings and deliberations of the committee and direct all other activities. The secretary shall keep accurate records of all meetings and deliberations and perform other duties for the committee as the chairman may direct. All hearings must be taped with an audio recorder for the purpose of establishing a record. The purpose of the committee is to conduct arbitration as provided in this section. The committee may be called into session by or at the direction of the Commissioner or upon direction of its chairman to consider matters referred to it by the Commissioner or the chairman in accordance with this section. (B) Procedures. (1) A buyer may invoke arbitration by filing a sworn complaint with the Commissioner together with a filing fee of fifty dollars. The buyer shall serve a copy of the complaint upon the seller by certified mail. Except in the case of seed which has not been planted, the claim must be filed in time to permit effective inspection of the plants under field conditions. The statute of limitations for filing a claim with the seed arbitration committee is one year from the date of planting. Failure to file a timely claim will preclude the seed arbitration committee from hearing the complaint. (2) Within fifteen days after receipt of a copy of the complaint, the seller shall file with the Commissioner an answer to the complaint and serve a copy of the answer upon the buyer by certified mail. (3) The Commissioner shall refer the complaint and answer to the committee for investigation, findings, and recommendations. (4) Upon referral of a complaint for investigation, the committee shall make a prompt and full investigation of the matters complained of and report its findings of fact and recommendations to the Commissioner within sixty days of referral or if a grow out is being conducted, at a later date as parties may determine. But in no instance shall a report be issued more than eighteen months after the day of filing. (5) The report of the committee shall include findings of fact and recommendations as to cost damages, if any. (6) In the course of its investigation, the committee or its members may examine the buyer and the seller on all matters which the committee may: (a) consider relevant; (b) grow to production a representative sample of the seed through the facilities of the Commissioner or designated university under the Commissioner's supervision if considered necessary; and (c) hold informal hearings at a time and place as the committee chairman may direct upon reasonable notice to all parties. (7) The committee may delegate all or part of an investigation to one or more of its members. A delegated investigation must be summarized in writing and considered by the committee in its report. (8) The members of the committee shall receive no compensation for the performance of their duties but will be reimbursed for travel expenses. (9) After the committee has made its report, the Commissioner promptly shall transmit the report by certified mail to all parties.
S.C. Code Ann. § 46-17-220 — SC Code / Title 46 / Chapter 17 / Section 46-17-220
SECTION 46-17-220. Nomination of candidates for boards.
Status: in_force

For the purpose of nominating candidates to be voted upon for election to commodity boards, or to be considered as candidates for appointment to commodity boards, the Commission shall call separate meetings of the affected producers, and in case elections or appointments shall be by districts he shall call separate meetings for each district. However, at the inception of any marketing agreement or order, nominations may be at the issuance hearing. Nomination meetings shall be called annually and at least thirty days in advance of the date set for the election or appointment of board members. Notice of every such meeting shall be published in a newspaper of general circulation within the affected area defined in the order or agreement not less than ten days in advance of the date of such meeting and written notice of every such meeting shall be given to all affected producers on the list maintained pursuant to Section 46-17-170 (e), and notice of every such meeting shall be posted on a public bulletin board as provided in Section 46-17-80. If the agreement or order provides for election or appointment by districts, such written notice need be given only to the producers residing in or whose principal place of business is within such district. Nonreceipt of notice by any interested person shall not invalidate proceedings at such meetings, provided that notice was duly posted in the United States mail. Any qualified person may be nominated orally at such meeting for membership upon such board by election or appointment as provided by the marketing order or agreement. Nominations may also be made within five days after any such meeting by written petition filed with the Commission and signed by not less than five affected producers entitled to participate in such meeting. Selection from among nominees, either by election or appointment, shall be specifically designated in the marketing order or agreement.
S.C. Code Ann. § 46-35-40 — SC Code / Title 46 / Chapter 35 / Section 46-35-40
SECTION 46-35-40. Service of citation.
Status: in_force

A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person in charge or in possession of the property, or upon an agent of either, not less than ten days before the date specified in the citation. A copy of the citation, together with a copy of the petition, may also be served upon any person who appears of record to be the owner of any encumbrance upon or interest in the property. The service may be personal, by delivery to the party on whom service is required to be made, or it may be made as follows: If the party resides within the county, service may be made by leaving a copy of the citation, together with a copy of the petition, at the residence of the party between the hours of eight in the morning and six in the evening with some person not less than eighteen years of age. If at the time of attempted service between said hours no such person can be found at the residence of the party, service may be made by mail. If the party does not reside within the county, service may be made by mail, if he resides or has his office at a place where there is a delivery service by mail and, if not or if his residence is not known, service may be made by posting a copy of the citation, together with a copy of the petition, in a conspicuous place on the property at least twenty days before the date specified in the citation.
S.C. Code Ann. § 46-57-40 — SC Code / Title 46 / Chapter 57 / Section 46-57-40
SECTION 46-57-40. Resale of returned fresh meat or fresh meat products prohibited.
Status: in_force

Fresh meat or fresh meat products sold to a consumer may not be offered to the public for resale for human consumption if the fresh meat or fresh meat products have been returned by the consumer.
S.C. Code Ann. § 46-57-10 — SC Code / Title 46 / Chapter 57 / Section 46-57-10
SECTION 46-57-10. Administration and enforcement of chapter.
Status: in_force

The Department of Agriculture shall administer and enforce the provisions contained in this chapter.
S.C. Code Ann. § 46-25-825 — SC Code / Title 46 / Chapter 25 / Article 11 / Section 46-25-825
SECTION 46-25-825. Registration of separately identified products.
Status: in_force

Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on the form furnished or approved by the commission and shall be accompanied by a fee of one hundred dollars per product. Upon approval by the commission, a copy of the registration shall be furnished to the applicant. All registrations expire on June thirtieth of the following year. Each manufacturer shall submit to the commission a copy of labels and advertising literature with the registration request for each soil amendment.