S.C. Code Ann. § 39-73-335 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-335
SECTION 39-73-335. Cooperation with other jurisdictions; joint action.
Status: in_force

(A) To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the administrator and his employees may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, the Canadian province or territory, or other agencies administering this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, a self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, a national or an international organization of commodities or securities officials or agencies, and a governmental law enforcement agency. (B) The cooperation authorized by subsection (A) includes, but is not limited to: (1) making joint examinations or investigations; (2) holding joint administrative hearings; (3) filing and prosecuting joint litigation; (4) sharing and exchanging personnel; (5) sharing and exchanging information and documents; (6) formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases; (7) issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission, or the Securities and Exchange Commission if the information sought also is subject to lawful subpoena for conduct occurring in this State.
S.C. Code Ann. § 39-24-40 — SC Code / Title 39 / Chapter 24 / Section 39-24-40
SECTION 39-24-40. Prescription shall state whether substitution is permitted; consent of patient.
Status: in_force

(A) An oral or written drug prescription must provide an authorization from the practitioner as to whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted. (B) A written prescription must have two signature lines at opposite ends on the bottom of the form. Under the line at the left side must be clearly printed the words "DISPENSE AS WRITTEN". Under the line at the right side shall be clearly printed the words "SUBSTITUTION PERMITTED", unless the prescription is to be paid for with Medicaid funds. The practitioner shall communicate the instructions to the pharmacist by signing on the appropriate line. A written prescription is not valid without the signature of the practitioner on one of these lines. (C) An oral prescription from the practitioner must instruct the pharmacist as to whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted, unless the prescription is to be paid for with Medicaid funds. The pharmacist shall note the instructions on the file copy of the prescription and retain the prescription form for the period as prescribed by law. (D) The pharmacist shall note the brand name or the manufacturer of the substituted drug or biological product dispensed on the file copy of a written or oral prescription or record this information electronically, or both. (E) Substitution may not occur unless the pharmacist advises the patient that the practitioner has authorized substitution and the patient consents. (F) If a pharmacist substitutes a generic drug for a name brand prescribed drug when dispensing a prescribed medication, the brand name and the name of the generic drug and its manufacturer, with an explanation of "generic for" or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label. (G) If a pharmacist substitutes an interchangeable biological product for a specific biological product prescribed when dispensing a prescribed medication, the brand name and the name of the interchangeable biological product and its manufacturer, with an explanation of "interchangeable with" or similar language, to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label unless the prescribing practitioner indicated that the name of the biological product may not appear on the prescription label. Effect of Amendment The 1994 amendment added the sixth paragraph, providing that if a pharmacist substitutes a generic drug for a name brand prescribed drug the generic drug must be listed first followed by the words "substituted for" and the name brand or this information must be affixed to the container. The 2002 amendment designated the subsections; in subsection (A), substituted "An" for "Every", and "must" for "shall"; in subsection (B), substituted "must" for "shall", "the words 'SUBSTITUTION PERMITTED', unless the prescription is to be paid for with medicaid funds" for "the words 'SUBSTITUTION PERMITTED'", "A written prescription" for "No written prescription", and "is not" for "shall be"; in subsection (C), substituted "must" for "shall", and inserted "unless the prescription is to be paid for with medicaid funds"; rewrote subsections (D) and (F); and in subsection (E), substituted "may" for "shall". 2017 Act No. 11, SECTION 3, in (A) and (C), inserted "or interchangeable biological product"; in (D), inserted "or biological product"; and added (G), relating to prescription requirements to substitute interchangeable biological products.
S.C. Code Ann. § 39-41-520 — SC Code / Title 39 / Chapter 41 / Article 5 / Section 39-41-520
SECTION 39-41-520. Use of distributing devices of one manufacturer for products of another.
Status: in_force

No person shall keep, expose, offer for sale or sell any liquid fuels, lubricating oils, greases or other similar products from any container, tank, pump or other distributing device other than those manufactured or distributed by the manufacturer or distributor indicated by the name, trademark, symbol, sign or other distinguishing mark or device appearing upon such tank, container, pump or other distributing device in which such products are sold, offered for sale or distributed.
S.C. Code Ann. § 39-5-325 — SC Code / Title 39 / Chapter 5 / Article 3 / Section 39-5-325
SECTION 39-5-325. Unfair trade practice for motor fuel retailer to sell below cost in order to affect competition; exemptions.
Status: in_force

(A) Except as otherwise permitted to meet competition as provided by this chapter, it is declared an unfair trade practice and unlawful for any person who is in the retail business of selling motor fuel to sell motor fuel of like grade and quality at retail at a price which is below the cost of acquiring the product plus taxes and transportation where the intent or effect is to destroy or substantially lessen competition or to injure a competitor. (B) The provisions of subsection (A) shall not apply in the following situations where: (1) motor fuel is advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and the advertising, offer to sell, or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold; (2) motor fuel is sold upon the final liquidation of a business; (3) motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court; (4) motor fuel is sold for promotional purposes including, but not limited to, grand opening, anniversary, or promotional sales. However, the total number of days for promotional sales shall not exceed fourteen days within each calendar year; or (5) an isolated or inadvertent incident occurs that does not exceed two days. (C) Any person who is in the retail business of selling motor fuel claiming any exemption from subsection (A) under the exceptions provided in subsection (B) must keep and maintain records substantiating this claim. These records must be made available to the Office of the Attorney General on request made in connection with any investigation of a possible violation of this section by the Attorney General. Effect of Amendment 2017 Act No. 29, SECTION 1, in (C), in the second sentence, deleted "Department of Consumer Affairs and", substituted "Office of the Attorney General" for "the Attorney General's Office", and deleted "department or the" following "possible violation of this section by the".
S.C. Code Ann. § 39-41-5 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-5
SECTION 39-41-5. Short title; purpose.
Status: in_force

This chapter is known as the "South Carolina Gasoline, Lubricating Oils, and Other Petroleum Products Act". This chapter promotes and protects the public health, safety, and welfare by ensuring that petroleum products: (1) are labeled and posted in a manner consistent with the principal of truth-in-labeling; (2) meet or exceed minimum standards of quality as set out in the American Society of Testing and Materials Manual.
S.C. Code Ann. § 39-19-490 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-490
SECTION 39-19-490. Offenses by warehousemen or cooperatives.
Status: in_force

Any warehouseman or cooperative marketing association who shall fail to comply with any of the provisions of this article; who shall place upon any pile of tobacco a ticket bearing information concerning the ownership which the warehouseman knows or has reason to believe is false; who shall sell tobacco without placing any name thereon; who shall fail and neglect to elicit from the person delivering tobacco the information required by this article; who shall deny any person the right of access to the place where tobacco is awaiting sale or being sold; who shall deny any person with an interest in tobacco the privilege of inspection of the tickets or sale books as provided in Sections 39-19-460 and 39-19-470; or who shall in any way violate any of the provisions of this article shall be guilty of a misdemeanor.
S.C. Code Ann. § 39-20-10 — SC Code / Title 39 / Chapter 20 / Section 39-20-10
SECTION 39-20-10. Short title.
Status: in_force

This chapter is known and may be cited as the "South Carolina Self-Service Storage Facility Act". Effect of Amendment 2014 Act No. 136, SECTION 1, added quotation marks.
S.C. Code Ann. § 39-25-150 — SC Code / Title 39 / Chapter 25 / Section 39-25-150
SECTION 39-25-150. Cosmetic deemed misbranded.
Status: in_force

A cosmetic shall be deemed to be misbranded - (a)(1) If its labeling is false or misleading in any particular. (2) If its labeling or packaging fails to conform with the requirements of Section 39-25-160. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the Commissioner. (c) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (d) If its container is so made, formed or filled as to be misleading. (e) If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the Federal act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in the last sentence of Section 39-25-140(a)). (f) A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling requirements of this chapter while it is in transit in commerce from the establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all applicable provisions of this chapter.
S.C. Code Ann. § 39-77-40 — SC Code / Title 39 / Chapter 77 / Section 39-77-40
SECTION 39-77-40. Private cause of action to obtain declaratory judgment; attorney's fees and expenses.
Status: in_force

(A) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this chapter may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this chapter and obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate this chapter. As a condition precedent to filing a civil action under this chapter, the aggrieved party shall make reasonable efforts to place an individual alleged to be in violation of this chapter on notice that the individual may be in violation of this chapter and that failure to cure within fourteen days may result in a civil action filed in a court of competent jurisdiction. (B) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this chapter. (C) The prevailing party in a cause under this chapter is entitled to recover necessary expenses and reasonable attorney's fees.
S.C. Code Ann. § 39-6-90 — SC Code / Title 39 / Chapter 6 / Section 39-6-90
SECTION 39-6-90. Sale or lease of new equipment by manufacturer; preparation and service by dealer.
Status: in_force

(A) A manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division may sell or lease new equipment for use within this State. If the equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division reasonably shall compensate the dealer for preparation and delivery of the new equipment and pay to the dealer a reasonable commission on the sale or lease of the new equipment. The manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, if practicable, shall utilize the dealer in the relevant geographical market area, as defined in subsection (B), for preparation and delivery. This compensation must be paid or credited in the same manner as provided in Section 39-6-100. (B) For purposes of this section, equipment is considered to be used primarily within a dealer's geographic market area if the new equipment is located or housed at a user's facility located within that geographic market area.
S.C. Code Ann. § 39-75-210 — SC Code / Title 39 / Chapter 75 / Article 5 / Section 39-75-210
SECTION 39-75-210. "Unsafe" defined.
Status: in_force

(A) For the purposes of this article, "unsafe" means an inspection of the exterior or inner lining of the tire reveals: (1) tread depth is worn to two thirty-seconds of an inch or less on any area of the tire; (2) damage exposing the reinforcing plies of the tire, including cuts, cracks, bulges, or punctures; (3) an improper repair that includes any repair to the tire in the belt edge area, a repair to the sidewall or bead area of the tire, or a puncture repair of damage that is larger than three-eighths of an inch in size; (4) evidence of prior use of a temporary tire sealant without evidence of a subsequent properly-performed repair; (5) a defaced or removed United States Department of Transportation tire identification number usually located on the sidewall of the tire; (6) inner liner or bead damage, such as a blistered liner or inner cracks; or (7) indication of internal separation, such as bulges, carcass-to-belt, or belt-to-belt separation. (B) A recalled tire whose sale is prohibited by federal law is also considered "unsafe" for the purposes of this article.
S.C. Code Ann. § 39-41-150 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-150
SECTION 39-41-150. Rules and regulations.
Status: in_force

The Commissioner of Agriculture may issue such rules and regulations as may be necessary for carrying out the provisions of this article and such rules and regulations shall have the effect of law.
S.C. Code Ann. § 39-5-180 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-180
SECTION 39-5-180. Vehicle glass repairs; false claims.
Status: in_force

It is an unlawful practice for a person who sells, repairs, or replaces vehicle glass to knowingly: (1) submit a claim to an insurer or a third party administrator for vehicle glass repair, replacement, or related services: (a) if the vehicle glass was not damaged prior to repair or replacement; (b) if the services were not provided; (c) showing work performed in a geographical area that in fact was not the location where the services were provided and that results in a higher payment than would otherwise be paid to the person by the policyholder's insurer; (d) without having an authorization by the owner, lessee, or insured driver of the vehicle for the repair of the vehicle; (e) showing work performed on a date other than the date the work was actually performed and resulting in a change of insurance coverage status; or (f) making any other material misrepresentation related to the repair or an insurance claim submitted in relation to that repair; (2) advise a policyholder to falsify the date of damage to the vehicle glass that results in a change of insurance coverage for repair or replacement of the vehicle glass; (3) falsely sign on behalf of a policyholder or another person a work order, insurance assignment form, or other related form in order to submit a claim to an insurer for vehicle glass repair or replacement or for related services; (4) intentionally misrepresent to a policyholder or other person: (a) the price of the proposed repairs or replacement being billed to the policyholder's insurer; or (b) that the insurer or third party administrator has authorized the repairs or replacement of the glass of the insured vehicle; (5) represent to a policyholder or other person that the repair or replacement will be paid for entirely by the policyholder's insurer and at no cost to the policyholder unless the insurance coverage has been verified by a person who is employed by, or is a producer contracted with the policyholder's insurer, or is a third party administrator contracted with the insurer; (6) add to the damage of vehicle glass before repair in order to increase the scope of repair or replacement or encourage a policyholder or other person to add to the damage of vehicle glass before repair; (7) perform work clearly and substantially beyond the level of work necessary to repair or replace the vehicle glass to put the vehicle back into a pre-loss condition in accordance with accepted or approved reasonable and customary glass repair or replacement techniques; (8) engage in business practices that have the effect of providing rebates or something of value to an insured who files a claim to pay for the glass repair or replacement services provided; or (9) intentionally misrepresent the relationship of the glass repair facility to the policyholder's insurer. For the purposes of determining whether a person intended the misrepresentation, the person presumably intended the misrepresentation if he was engaged in a regular and consistent pattern of misrepresentation. For the purposes of determining whether a defendant knew of any particular element of the prohibited activity, the person presumably had knowledge if he was engaged in a regular and consistent pattern of the prohibited activity.
S.C. Code Ann. § 39-6-180 — SC Code / Title 39 / Chapter 6 / Section 39-6-180
SECTION 39-6-180. Severability.
Status: in_force

If a section, paragraph, provision, or portion of this chapter is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding does not affect the constitutionality or validity of the remaining portions of this chapter, and for this purpose the General Assembly declares that the provisions of this act are severable from each other.
S.C. Code Ann. § 39-5-860 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-860
SECTION 39-5-860. Earned wage access services; compliance with article.
Status: in_force

The following shall apply in connection with the earned wage access services offered and provided by a provider in compliance with the provisions of this article: (A) Proceeds provided to a consumer by the provider shall not be considered a consumer loan for purposes of Section 37-3-104 or a loan for purposes of Section 37-3-106. (B) The provider shall not be considered a lender for purposes of Section 37-3-107(1), unless the provider is conducting business pursuant to Chapter 3, Title 37. (C) Fees, voluntary tips, gratuities, or other donations paid by a consumer to a provider shall not be considered a loan finance charge for purposes of Section 37-3-109. (D) The provider shall not be considered to be engaged in the business of money transmission for purposes of Section 35-11-200. (E) Earned wage access services shall not be considered wage assignment for the purposes of Section 37-3-403. (F) The provider shall not be considered a deferred presentment provider for purposes of Section 34-39-130 unless the provider is conducting business pursuant to Chapter 39, Title 34.
S.C. Code Ann. § 39-61-140 — SC Code / Title 39 / Chapter 61 / Section 39-61-140
SECTION 39-61-140. Restrictions on advertising.
Status: in_force

No club may make reference to its certificate of authority or approval from the Administrator or the State in advertising, circular, contract, or a membership card nor may it advertise or describe its services in a manner which would lead the public to believe that it is an insurance company, association, or exchange.
S.C. Code Ann. § 39-9-80 — SC Code / Title 39 / Chapter 9 / Section 39-9-80
SECTION 39-9-80. Inspection and testing of moisture meters.
Status: in_force

Moisture meters or other measuring devices used to determine the moisture content of grain or soybeans offered or exposed for sale must be inspected and tested within six months before November first each year and at other times determined by the Department of Agriculture in the same manner provided by law for the testing of scales by the department. The department may promulgate regulations necessary to carry out this section. Effect of Amendment The 1994 amendment made grammatical changes.
S.C. Code Ann. § 39-5-350 — SC Code / Title 39 / Chapter 5 / Article 3 / Section 39-5-350
SECTION 39-5-350. Exemptions.
Status: in_force

(A) No part of this article shall be construed to apply to sales at wholesale to hotels, restaurants, colleges, bona fide licensed contractors, farmers buying for their plantations, including labor on their own farms, boardinghouses, religious institutions, or county, city, federal, or state institutions or departments or to cooperative purchases for redistribution among farmers. Retail sales of merchandise of like grade and quality at a price to meet existing competition at any time in any town or locality are also exempt from the provisions of this article. But if such competition is created by any person in violation of this article or when any two or more persons contend that they are meeting the competition of the other and all would be making retail sales in violation of this article, except for the above provisions allowing existing competition to be met, any retailer affected thereby may enjoin all in such category from continuing such practices in any court of competent jurisdiction in this State. (B) Any person selling motor fuel at wholesale or retail at a price below the actual cost of acquiring the product, including transportation and taxes, claiming exemption from this article on the basis that such sales of motor fuel by that person are at a price to meet existing competition under subsection (A) shall keep and maintain records substantiating each effort to meet the competition, including the identity and place of business of the competitors whose competition that person is meeting. The records must be made available to the Attorney General on request made in connection with any investigation of a possible violation of this article by the Attorney General. Effect of Amendment The 1993 amendment designated the existing material subsection (A) and added subsection (B). 2017 Act No. 29, SECTION 2, in (B), deleted "of this section" following "under subsection (A)", deleted "the Department of Consumer Affairs and" following "made available to", and deleted "department or the" following "possible violation of this article by the".
S.C. Code Ann. § 39-5-360 — SC Code / Title 39 / Chapter 5 / Article 3 / Section 39-5-360
SECTION 39-5-360. Penalties.
Status: in_force

Each sale in violation of the terms of this article shall be declared a separate offense and the penalty for each violation thereof shall be a fine of not more than one hundred dollars or imprisonment for not more than thirty days in the discretion of the court.
S.C. Code Ann. § 39-6-60 — SC Code / Title 39 / Chapter 6 / Section 39-6-60
SECTION 39-6-60. Notification of cancellation or nonrenewal; petition to modify notice period; grounds for immediate termination.
Status: in_force

(A) Except as provided in subsection (E), a manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative of it shall notify an equipment dealer in writing of the termination or cancellation of the dealership agreement or selling agreement of the dealer at least one hundred eighty days before its effective date, stating the specific grounds for the termination or cancellation. (B) The manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative of it shall notify an equipment dealer in writing at least one hundred eighty days before the contractual term of his dealership agreement or selling agreement expires that the agreement will not be renewed, stating the specific grounds for the nonrenewal in those cases where there is no intention to renew. The contractual term of a dealership agreement or selling agreement may not expire, without the written consent of the equipment dealer involved, before the expiration of at least one hundred eighty days following the written notice. (C) During the one hundred eighty-day period, either party may petition a court to modify the one hundred eighty-day stay or to extend it pending a final determination of the proceedings on the merits. The court may grant preliminary and final injunctive relief pursuant to the Rules of Civil Procedure. (D) Before termination or nonrenewal of the dealership agreement or selling agreement because of the dealer's failure to meet reasonable marketing criteria or market penetration, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, shall provide written notice of the intention at least one year in advance. After the notice, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide fair and reasonable efforts to work with the equipment dealer to gain the desired market share including, without limitation, reasonably making available to the dealer an adequate inventory of new equipment and parts and competitive marketing programs. The manufacturer, distributor, factory branch or division, or wholesale branch or division, at the end of the one-year notice period, may terminate or elect not to renew the agreement only upon written notice specifying the reasons for determining that the dealer failed to meet reasonable criteria or market penetration. This written notice must specify that termination or nonrenewal is effective one hundred eighty days from the date of the notice. Either party may petition the court pursuant to subsection (C). (E) Immediate notice of termination without an opportunity to cure is considered reasonable if, during the agreement term, the equipment dealer: (1) is declared bankrupt or is determined judicially to be insolvent, assigns all or a substantial part of his assets to or for the benefit of a creditor, or admits his inability to pay his debts as they come due; (2) abandons the dealership agreement or sales agreement by failing to operate the business for five consecutive days that the equipment dealer is required to operate the business pursuant to the terms of the dealership agreement or sales agreement, or any shorter period after which it is reasonable under the facts and circumstances for the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division to conclude that the equipment dealer does not intend to continue to operate pursuant to the dealership agreement or sales agreement, unless the failure to operate is due to fire, flood, earthquake, or other similar causes beyond the equipment dealer's control; (3) agrees in writing with the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division to terminate the dealership agreement or sales agreement; (4) makes a misrepresentation material to the acquisition of the dealership agreement or sales agreement or engages in conduct that reflects materially and unfavorably upon the reputation of the business of the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division; (5) fails to comply with a federal, state, or local law or regulation applicable to the operation of his business for a period of ten days after notification of noncompliance; (6) has his business or business premises seized, taken over, or foreclosed by a government official in the exercise of his duties or by a creditor, lienholder, or lessor, and a final judgment against the dealer remains unsatisfied for thirty days absent a filing of a supersedeas or other appeal bond, or a levy of execution is made upon a license granted by the dealership agreement or sales agreement and it is not discharged within five days of the levy; (7) makes a material misrepresentation or falsification of a record; (8) pleads guilty to or is convicted of a felony; (9) transfers a controlling ownership interest in the dealership without the manufacturer's consent, except that the manufacturer may not withhold consent unfairly or unreasonably; (10) relocates or establishes a new or additional dealer location without the supplier's consent; (11) fails to satisfy a payment obligation as it comes due and payable to the manufacturer; or (12) fails to account promptly to the manufacturer for proceeds from the sale of equipment or to hold those proceeds in trust for the manufacturer's benefit.
S.C. Code Ann. § 39-17-320 — SC Code / Title 39 / Chapter 17 / Article 3 / Section 39-17-320
SECTION 39-17-320. Carload lot shipments, grading, certificate.
Status: in_force

The shippers of watermelons in carload lots from any point within this State, before applying to any railroad, railway, common carrier or agent thereof for a bill of lading for any such shipment, shall first certify whether or not the watermelons contained in such shipment have been graded according to the standard of grades provided in Section 39-17-310. Such certificate shall be made in writing on appropriate paper or cardboard, signed by the shipper in the presence of two disinterested witnesses, stating the variety, grade and number of melons contained in the car and the date the melons were picked and the date loaded or, if not graded, shall so state. The certificate shall be securely nailed to the inside of the car near the door and a duplicate of the certificate shall be furnished to the carrier's agent.
S.C. Code Ann. § 39-15-910 — SC Code / Title 39 / Chapter 15 / Article 9 / Section 39-15-910
SECTION 39-15-910. Use of name or trade name in advertising.
Status: in_force

Household goods carriers in intrastate commerce shall not use any name in the advertising, soliciting or handling of intrastate business other than the name or trade name in which their operating authority is issued from the Public Service Commission. The printed advertising shall also include the certificate or docket number issued to the carrier by the commission. If such carrier uses joint advertising with a national carrier with which it has an affiliation, the advertising shall state clearly that all intrastate hauling is to be done solely by the South Carolina carrier.
S.C. Code Ann. § 39-15-1150 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1150
SECTION 39-15-1150. Goods and services, classification.
Status: in_force

(A) The general classification of goods and services provided for in subsections (B) and (C) are established for convenience of administration of this article but does not limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include goods upon which or services with which the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical the classification of goods and services shall conform to the classification adopted by the United States Patent and Trademark Office. (B) The following is the international schedule of classes of goods: (1) chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids, or pastes for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs, tanning substances, adhesive substances used in industry; (2) paints, varnishes, lacquers; preservatives against rust and against deterioration of wood, coloring matters, dyestuffs, mordants, natural resins; metals in foil and powder form for painters and decorators; (3) bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; (4) industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night lights, and wicks; (5) pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants; preparations for killing weeds and destroying vermin; (6) unwrought and partly wrought common metals and their alloys, anchors, anvils, bells, rolled and cast building materials, rails and other metallic materials for railway tracks, chains (except driving chains for vehicles), cables and wires (nonelectric), locksmiths' work; metallic pipes and tubes; safes and cash boxes, steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; ores; (7) machines and machine tolls; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; incubators; (8) hand tools and instruments; cutlery, forks, and spoons; side arms; (9) scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counterfreed apparatus; talking machines; cash registers; calculating machines; fire extinguishing apparatus; (10) surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes and teeth); (11) installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes; (12) vehicles; apparatus for locomotion by land, air, or water; (13) firearms; ammunition and projectiles; explosive substances; fireworks; (14) precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks, and spoons); jewelry, precious stones, horological and other chronometric instruments; (15) musical instruments (other than talking machines and wireless apparatus); (16) paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype); (17) gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture, materials for packing, stopping, or insulating; asbestos, mica and their products; hose pipes (nonmetallic); (18) leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; (19) building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; roadmaking materials; asphalt, pitch and bitumen, portable buildings; stone monuments; chimney pots; (20) furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials, or of plastics; (21) small domestic utensils and containers (not of precious metals, or coated therewith); combs and sponges, brushes (other than paint brushes); brushmaking materials, instruments and material for cleaning purposes, steel wool; unworked or semi-worked glass (excluding glass used in building); glassware, porcelain and earthenware, not included in other classes; (22) ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials; (23) yarns, threads; (24) tissues (piece goods); bed and table covers; textile articles not included in other classes; (25) clothing (including boots, shoes, and slippers); (26) lace and embroidery, ribands, and braid; buttons, press buttons, hooks and dyes, pins and needles; artificial flowers; (27) carpets, rugs, mats, and matting; linoleum and other materials for covering existing floors; wall hangings (nontextile); (28) games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees; (29) meats, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams; eggs, milk, and other dairy products; edible oils and fats; preserves, pickles; (30) coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour and preparations made from cereals; bread, biscuits, cakes, pastry, and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices; ice; (31) agricultural, horticultural, and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt; (32) beer, ale, and porter; mineral and aerated waters and other nonalcoholic drinks; syrups and other preparations for making beverages; (33) wines, spirits, and liqueurs; (34) tobacco, raw, or manufactures; smokers' articles; matches. (C) The following is the international schedule of classes of services: (1) advertising and business; (2) insurance and financial; (3) construction and repair; (4) communication; (5) transportation and storage; (6) material treatment; (7) education and entertainment; (8) miscellaneous.
S.C. Code Ann. § 39-15-720 — SC Code / Title 39 / Chapter 15 / Article 7 / Section 39-15-720
SECTION 39-15-720. Authority to use trademark on timber.
Status: in_force

A person who has adopted or used a label, trademark, term, design, or device and has obtained a registration for it pursuant to Article 11 of this chapter may use it to mark and identify timber and when the label, trademark, term, design, or device is stamped, impressed, or indented on timber it constitutes a "brand" within the meaning of this article and is notice to the world that the owner of the brand is the owner of or has some property right or interest in the timber or lien on the timber, as set forth in this article. Effect of Amendment The 1994 amendment substituted "has obtained a registration for it pursuant to Article 11" for "has filed it for record in the office of the Secretary of State as provided in Article 3", and made other minor grammatical changes.
S.C. Code Ann. § 39-3-110 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-110
SECTION 39-3-110. "Monopoly" defined.
Status: in_force

A "monopoly" is any union, combination, consolidation or affiliation of capital, credit, property, assets, trade, custom, skill, acts or other valuable thing or possession, by or between persons, firms or corporations or associations of persons, firms or corporations, whereby any one of the purposes or objects mentioned in this article is accomplished or sought to be accomplished or whereby any one or more of such purposes are promoted or attempted to be executed or carried out or the several results described herein are reasonably calculated to be produced. A "monopoly" as thus defined includes not merely such combinations by and between two or more persons, firms or corporations acting for themselves, but all aggregations, amalgamations, affiliations, consolidations or incorporations of capital, skill, credit, assets, property, custom, trade or other valuable thing or possession, whether effected by the ordinary methods of partnership, by actual union under the legal form of a corporation, or by the purchase, acquisition or control of shares or certificates of stocks or bonds or other corporate property or franchises and all corporations or partnerships that have been or may be created by the consolidation or amalgamation of the separate capital, stock, bonds, assets, credit, properties, custom, trade or corporate or firm belongings of two or more firms, corporations or companies are especially declared to constitute monopolies within the meaning of this article, if so created or entered into for any one or more of the purposes named in this article.
S.C. Code Ann. § 39-22-10 — SC Code / Title 39 / Chapter 22 / Section 39-22-10
SECTION 39-22-10. Authority to grant licenses; minimum standards to maintain.
Status: in_force

The department may license a qualified warehouse facility for the storage of cotton and grain or other nonperishable agricultural products as defined by regulation. A license must be granted only to those applicants who have met the minimum requirements of this chapter and whose warehouse facility is suitable for the storage of agricultural commodities for which it is intended. A license may be revoked or suspended at any time the warehouseman does not meet the minimum standards as required by this chapter.
S.C. Code Ann. § 39-5-550 — SC Code / Title 39 / Chapter 5 / Article 5 / Section 39-5-550
SECTION 39-5-550. Applicability.
Status: in_force

The provisions of this article shall apply to all motion picture licensing contracts executed within or without this State for the exhibition of motion pictures in South Carolina.
S.C. Code Ann. § 39-11-60 — SC Code / Title 39 / Chapter 11 / Section 39-11-60
SECTION 39-11-60. Length of registration.
Status: in_force

Notwithstanding another provision of law, registrations and renewals for public weighmasters shall be for three years. Effect of Amendment The 2010 amendment rewrote this section.
S.C. Code Ann. § 39-19-30 — SC Code / Title 39 / Chapter 19 / Article 1 / Section 39-19-30
SECTION 39-19-30. Actions against warehouseman.
Status: in_force

Whenever any such warehouseman fails to perform his duty or violates any of the provisions of this chapter, any person injured by such failure or violation may bring an action in his name and to his own use, in any court of competent jurisdiction, on the bond of such warehouseman. And in case he shall fail in such action he shall be liable to the defendant for any costs which the defendant may recover in the action.
S.C. Code Ann. § 39-20-45 — SC Code / Title 39 / Chapter 20 / Section 39-20-45
SECTION 39-20-45. Enforcement of lien.
Status: in_force

(A) If the occupant has been in default continuously for fifty days, owner may enforce its lien, provided owner shall comply with, during the fifty-day default period, the following procedure. (B) When rent is fourteen or more days past due the occupant must be notified by written notice delivered to the occupant's last known address (1) in person, (2) by personal delivery service as provided by court rule, (3) by first-class mail with a certificate of mailing, (4) by certified mail, or (5) by electronic mail. (C) Owner's notice to occupant shall include: (1) a brief and general description of what is believed to constitute the personal property contained in the storage unit; (2) a statement of the owner's claim, showing the sum due at the time of the notice and the date the sum became due; (3) a demand for payment within a specified time not less than fourteen days after delivery of notice; (4) a conspicuous statement that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or disposed of as provided by law and will be sold or otherwise disposed of after a specified date; (5) a conspicuous statement that partial payment of the owner's claim does not stop or delay the owner's right to proceed with the sale or disposition of the property; and (6) a conspicuous statement notifying the occupant of denial of access to the personal property and provide the name, street address, and telephone number of the owner or its designated agent, whom the occupant may contact to respond to this notice. (D) Any notice given pursuant to this section is presumed delivered when it is (1) properly addressed to the last known address, and (2) either deposited with the United States Postal Service with postage prepaid for first class mail with a certificate of mailing or certified mail or sent by electronic mail from which a confirmation of receipt is received. (E) After the expiration of the fifty-day default period, the owner shall publish an advertisement of the public sale to the highest bidder once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. (F) The advertisement shall include: (1) a brief and general description of what is believed to constitute the personal property, contained in the storage unit; (2) the address of the self-storage facility or the address where the self-contained storage unit is located and the name of the occupant; and (3) the time, place, and manner of the public sale or other disposition. (G) If the owner determines that the property in the storage space has a sale value of less than three hundred dollars, the owner, at the owner's sole discretion, may hold the property for sixty days from the date notice was provided pursuant to this section. If the occupant fails to claim the goods and pay the rent owed during that period, the owner may destroy or dispose of the property without further notice to occupant and occupant's debt shall be extinguished and the owner shall have no liability to the occupant or any other person for the personal property. (H) If the property upon which the lien is claimed is a motor vehicle or a watercraft and rent and other charges related to the property remain unpaid or unsatisfied for sixty days following the maturity of the obligation to pay rent, the lienor may have the property towed by a towing company licensed pursuant to law. If a motor vehicle is towed as authorized in this subsection, the lienor shall not be liable for the motor vehicle or any damages to the motor vehicle once the tower takes possession of the property. (I) If no one purchases the property at the public sale and if the owner has complied with the foregoing procedures, the owner may otherwise dispose of the property and shall notify the occupant of the action taken. Any sale or disposition of the personal property must be held at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or online by an auctioneer licensed in this State. (J) Before any sale or other disposition of personal property pursuant to this agreement, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and by that action redeem the personal property and after that the owner shall have no liability to any person with respect to the personal property. A partial payment of rent shall not satisfy the lien, stop or delay the owner's right to proceed with a sale or disposition of the occupant's property as provided in this section unless the owner agrees to the stop or delay in a writing signed by the owner. (K) A purchaser in good faith of the personal property sold to satisfy owner's lien takes the property subject to any other liens or security interests which are perfected and recorded or liens by any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. (L) In the event of a sale, the owner may satisfy his lien from the proceeds of the sale. The owner shall hold the balance of the proceeds, if any, for the occupant or any notified, secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds must be disposed of in accordance with Chapter 18, Title 27. In no event may the owner's liability exceed the proceeds of the sale. Effect of Amendment 2014 Act No. 136, SECTION 1, rewrote the section. 2022 Act No. 154, SECTION 1, in (I), in the second sentence, substituted "facility," for "facility or", and inserted ", or online by an auctioneer licensed in this State" at the end.
S.C. Code Ann. § 39-39-140 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-140
SECTION 39-39-140. Labeling requirements; conformity to U.S. Department of Agriculture standards; advertising.
Status: in_force

(A) In order to protect the producer, the distributor, and the consumer, all eggs sold in this State must be labeled so as to designate their quality, size, and weight class. (B) The department shall establish standards for the grading, classification, and marking of shell eggs bought and sold by a person in this State. (C) The standards, on the date of the sale to the consumer, must conform to the minimum standards promulgated by the United States Department of Agriculture as defined in the "United States Standards, Grades and Weight Classes for Shell Eggs", authorized pursuant to 7 U.S.C. Section 1624. (D) The standards of quality of the United States Department of Agriculture are adopted as the standards of quality for the enforcement of this article. An egg described by the United States Department of Agriculture as being inedible is considered inedible pursuant to the provisions of this article. (E) At the time of packing and candling of each case of eggs, the producer or dealer shall affix a label not less than two inches by four inches or not less than eight square inches on one end of each case. On this label must be printed or stamped, legibly in letters not less than one-fourth of an inch in size, the date when the eggs were packed and candled or the expiration date, which may not exceed forty-five days from the date packed, the size and grade of the eggs, and either the name and address of the packer or the USDA assigned plant number or a state approved plant identification code. The name of the state of origin may be given. If eggs are sold in cartons, the cartons must show the date packed or the expiration date, which may not exceed forty-five days from the date packed, and the grade and size, together with either the name and address of the packer or the USDA assigned plant number or a state approved plant identification code. The state of origin also may be given. (F) Abbreviations of words in the classification or in designating the grade and size are prohibited. The information pertaining to the grade and size must be shown in legible letters not less than one-fourth of an inch in size. The information pertaining to the name and address of the packer or the USDA assigned plant number or a state approved plant identification code and the date packed or expiration date must be given legibly. All wording on egg cases and egg cartons must be in English and must be approved by the Department of Agriculture before using. (G) Words or phrases tending to obscure or nullify the proper classification of eggs are prohibited. Each word of the classification, including the name of the state of origin, must appear in the same size type and color in a printed advertisement. Abbreviations of a word in the classification or in designating the size and grade to which eggs belong are prohibited. A person advertising eggs for sale, at retail or wholesale, in newspapers, by window displays, or otherwise shall set forth in the advertisement the classification as to size and grade of the eggs offered for sale. The classification must be set forth in letters equal in size to those advertising the eggs for sale. Effect of Amendment The 1994 amendment substituted "must" for "shall." The 2005 amendment designated subsection (A) and added subsections (B) to (G).
S.C. Code Ann. § 39-54-10 — SC Code / Title 39 / Chapter 54 / Section 39-54-10
SECTION 39-54-10. Short title.
Status: in_force

This chapter may be cited as the "Assistive Technology Warranty Act".
S.C. Code Ann. § 39-11-20 — SC Code / Title 39 / Chapter 11 / Section 39-11-20
SECTION 39-11-20. "Public weighmaster" defined.
Status: in_force

(A) "Public weighmaster" is: (1) Any person licensed by the Commissioner of Agriculture to weigh, measure, or count any commodity and issue for it a statement or memorandum of the weight, measure, or count accepted as the accurate weight or measure or count. (2) Any person engaged in the business of public weighing or measuring for hire or award. (3) Any person engaged in the business of buying or selling grain or soybeans who uses a moisture meter or other measuring device to determine the moisture content of these commodities. (4) Any person who weighs, measures, or counts any commodity and declares the weight or measurement to be the true and accurate weight or measurement upon which the purchase, sale, or exchange of the commodity is based and received compensation for the act. (B) The following may not be construed to be public weighmasters: (1) Retailers weighing or measuring commodities for sale by them at retail directly to consumers. (2) A person weighing, measuring, or counting property, produce, commodities or articles on which property, produce, commodity or article the package net weight is declared in conformity with the South Carolina weights and measures law. (3) Employees of the South Carolina Department of Agriculture authorized to perform their department's duties. Effect of Amendment The 1997 amendment rewrote this section.
S.C. Code Ann. § 39-24-10 — SC Code / Title 39 / Chapter 24 / Section 39-24-10
SECTION 39-24-10. Short title.
Status: in_force

This chapter shall be known and may be cited as the "Drug Product Selection Act of 1978".
S.C. Code Ann. § 39-75-50 — SC Code / Title 39 / Chapter 75 / Article 1 / Section 39-75-50
SECTION 39-75-50. Sale of nonconforming tires; penalty.
Status: in_force

Any person who knowingly sells, offers for sale, or delivers for introduction into this State regrooved tires not in conformity with this chapter is guilty of a misdemeanor and, upon conviction, shall be imprisoned not more than one year or fined not more than five thousand dollars, or both.
S.C. Code Ann. § 39-15-730 — SC Code / Title 39 / Chapter 15 / Article 7 / Section 39-15-730
SECTION 39-15-730. Purchaser's lien on branded timber.
Status: in_force

When any owner of timber shall agree to sell it, receive any portion of the purchase price therefor and consent to the purchaser's brand being placed thereon, such purchaser shall have a lien on such timber to secure him in the amount of the purchase price paid to such owner, which shall exist so long as such purchaser is not in default under the contract of purchase. But this section shall not prevent the title to such timber passing to the purchaser either by agreement of the parties or operation of law and the provisions of this section shall apply also to such cases in which the title has passed to the purchaser.
S.C. Code Ann. § 39-25-50 — SC Code / Title 39 / Chapter 25 / Section 39-25-50
SECTION 39-25-50. Penalties; exceptions and liabilities.
Status: in_force

(a) Any person who violates any of the provisions of Section 39-25-30 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six months or a fine of not more than one thousand dollars, or both such imprisonment and fine at the discretion of the court; for a second or subsequent violation such person shall be subject to imprisonment for not more than two years, or a fine of not more than five thousand dollars, or both such imprisonment and fine at the discretion of the court. (b) No person shall be subject to the penalties of subsection (a) of this section, for having violated Section 39-25-30(a) or (c) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the State of South Carolina from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this chapter, designating this chapter. (c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section for the dissemination of such false advertisement, unless he has refused, on the request of the Commissioner to furnish the Commissioner the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the State of South Carolina who caused him to disseminate such advertisement.
S.C. Code Ann. § 39-27-60 — SC Code / Title 39 / Chapter 27 / Section 39-27-60
SECTION 39-27-60. Enforcement.
Status: in_force

The provisions of this chapter shall be enforced by the State Department of Agriculture, which shall issue such rules as may be necessary to regulate the manufacture and sale of flour and bread in this State under the provisions of this chapter. The Department or its agent representatives may enter upon the premises of any manufacturer of flour or bread and of any wholesale or retail dealer in flour or bread for the purpose of inspecting or analyzing flour or bread which may be offered for sale.
S.C. Code Ann. § 39-1-10 — SC Code / Title 39 / Chapter 1 / Section 39-1-10
SECTION 39-1-10. Licensing of nonresidents to do business in State.
Status: in_force

No nonresident of the State shall be licensed to do business in the State, except as a special agent or when the state in which the nonresident agent resides has a reciprocal license law, and then only when he reports his business for record as South Carolina business to some general or district agent of his company in the State or having territory within the State.
S.C. Code Ann. § 39-31-110 — SC Code / Title 39 / Chapter 31 / Section 39-31-110
SECTION 39-31-110. Commissioner may act through officers or employees.
Status: in_force

The authority vested in the Commissioner by this chapter may be exercised by him through such officers or employees of the Department of Agriculture of this State as he may designate.
S.C. Code Ann. § 39-15-480 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-480
SECTION 39-15-480. Unauthorized possession of marked or branded containers.
Status: in_force

Any person who shall have in his unauthorized possession any field box, crate, receptacle or container marked or branded with a mark or brand registered under the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than one year, or by both such fine and imprisonment, and the possession by any person of any field box, crate, container or receptacle so marked or branded, in the absence of written authority therefor, shall be prima facie evidence of the violation of the provisions of this section. But the owner of any such recorded or registered mark or brand may, in writing, authorize and designate any person to use or have in his possession any such field boxes, crates, containers or receptacles.
S.C. Code Ann. § 39-8-40 — SC Code / Title 39 / Chapter 8 / Section 39-8-40
SECTION 39-8-40. Recovery of actual damages; exemplary damages.
Status: in_force

(A) A complainant is entitled to recover actual damages for misappropriation of trade secrets. A material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation may render full monetary recovery inequitable and may form the basis for reducing monetary recovery. (B) Damages may include both the actual loss caused by misappropriation or the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. (C) Upon a finding of wilful, wanton, or reckless disregard of the plaintiff's rights, the court may award separate exemplary damages in an amount not exceeding twice any award made under subsection (A).
S.C. Code Ann. § 39-77-30 — SC Code / Title 39 / Chapter 77 / Section 39-77-30
SECTION 39-77-30. Disclosures required by person who owns or operates a website dealing in electronic dissemination of third-party commercial recordings or audiovisual works.
Status: in_force

(A) A person who owns or operates a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and who electronically disseminates the works to consumers in this State shall disclose clearly and conspicuously his correct name, physical address, telephone number, and email address on his website or online service in a location readily accessible to a consumer using or visiting the website or online service. (B) The following locations are considered to be readily accessible for purposes of subsection (A): (1) a landing or home web page or screen; (2) an about or about us web page or screen; (3) a contact or contact us web page or screen; (4) an information web page or screen; or (5) another place on the website or online service commonly used to display identifying information to consumers.
S.C. Code Ann. § 39-26-90 — SC Code / Title 39 / Chapter 26 / Section 39-26-90
SECTION 39-26-90. Procedure for condemnation or destruction.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. If unable to secure the written consent to the condemnation or destruction in accordance with Section 39-26-80(B)(1), the Commissioner, or any authorized agent of the Commissioner, shall make a complaint before a magistrate, or other officer authorized to issue summons, having jurisdiction where the covered produce was seized. The magistrate or other officer shall issue his summons to the person from whom the covered produce was seized, directing him to appear before an appropriate court in the jurisdiction not less than six nor more than twelve days from the date of issuing the summons and show cause why the covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the summons must be served upon the person then in possession of the covered produce. The summons must be served at least six days before the time of appearance as directed herein by the appropriate court. If the person from whom the covered produce was seized cannot be found, no one can be found in possession of the covered produce, and the defendant does not appear on the return day, an appropriate court shall proceed in the cause in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants appears upon the return day.
S.C. Code Ann. § 39-31-10 — SC Code / Title 39 / Chapter 31 / Section 39-31-10
SECTION 39-31-10. Definitions.
Status: in_force

The following definitions shall apply in the interpretation and enforcement of the provisions of this chapter: (1) The term "rice" means all types of milled rice as defined in the United States standards for milled rice, Federal Register, May 3, 1951 and May 28, 1952, also "parboiled rice," "converted rice," "precooked rice" and "broken rice" which are intended for human consumption; (2) The term "bulk rice" means rice as defined in item (1) of this section and sold in bags containing fifty pounds or more or rice, in any size of package, which is insufficiently clean for human use without washing; (3) The term "appropriate Federal agency" means the Department of Health, Education and Welfare, or any other Federal agency, charged with the enforcement and administration of the Federal Food, Drug and Cosmetic Act; and (4) The term "Commissioner" means the Commissioner of Agriculture of this State.
S.C. Code Ann. § 39-33-1710 — SC Code / Title 39 / Chapter 33 / Article 15 / Section 39-33-1710
SECTION 39-33-1710. Purchasers shall retain samples of milk and cream paid for on basis of butterfat content.
Status: in_force

All persons in this State purchasing milk or cream for manufacture, sale or shipment and paying for it on the basis of the butterfat contained therein, as determined by test, shall take or cause to be taken in the places where such milk or cream is purchased or tested a representative sample of all such milk or cream, and if any be left on hand after a shipment is made, a representative sample of this shall likewise be taken. Such sample shall be not less than two ounces avoirdupois in weight and shall be immediately transferred to a clean and dry sample jar and properly sealed to prevent evaporation and the escape of any of the contents thereof. All samples of milk or cream so taken shall be plainly marked or labeled, and such mark or label shall be entered upon the records of the purchaser to correspond with the name of the person from whom such purchase was made, together with the weight of the milk or cream, if any, which is left on hand after shipment is made. Such samples shall then be protected from extremes of heat and cold and held until five P. M. of the following day, except that all such samples taken on a day preceding a holiday shall be held until five P. M. of the next day following such a holiday. During the period mentioned such samples shall be subject to inspection by the Department of Agriculture and shall be opened only in the presence of the Commissioner of said Department or his duly authorized representative. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars or by imprisonment for a period not exceeding thirty days for each and every offense so committed.
S.C. Code Ann. § 39-61-30 — SC Code / Title 39 / Chapter 61 / Section 39-61-30
SECTION 39-61-30. Deposit of cash, securities, or bonds.
Status: in_force

A club may not render or agree to render a motor club service without first depositing and thereafter continuously maintaining the amount of fifty thousand dollars in cash or securities approved by the Administrator or, in lieu thereof, a bond in the amount of fifty thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any members who may have a cause of action against the club.
S.C. Code Ann. § 39-17-70 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-70
SECTION 39-17-70. Packing must conform to standards as to receptacles and labels; exceptions.
Status: in_force

Whenever any standard for an open or closed receptacle for a farm product shall be made effective under this article no person shall pack for sale in and deliver in a receptacle, or sell in and deliver in a receptacle, any such farm product to which such standard is applicable unless the receptacle conforms to the standard, subject to such variations therefrom as may be allowed in the rules and regulations made under this article. But the requirements as to receptacles shall not apply to produce sold or offered for sale in less than car lots. Whenever any requirement for the marketing, branding or labeling of a receptacle for a farm product becomes effective under this article no person thereafter shall pack for sale, offer for sale, consign for sale or sell and deliver any such farm product in a receptacle to which such requirement is applicable unless the receptacle be marked, branded or labeled according to such requirement or unless such product be brought from outside the State and offered for sale, consigned for sale or sold in the original package.
S.C. Code Ann. § 39-19-290 — SC Code / Title 39 / Chapter 19 / Article 3 / Section 39-19-290
SECTION 39-19-290. Civil penalty for violating maximum rates provision; action to recover penalty.
Status: in_force

Any person willfully violating the provisions of Section 39-19-220 shall be subject, in addition to the overcharges, to a penalty of two hundred dollars which shall be for the benefit of the person charged the excessive fee. The sales sheet or bill showing such charges and fees shall be conclusive proof of excessive charges. A complainant where successful shall be allowed court costs and a reasonable attorney's fee to be taxed and collected as a part of the cost of the action. Such action may be brought in any court of competent jurisdiction in the county where the warehouse is located, or in the county where the owner or operator is a resident.
S.C. Code Ann. § 39-1-60 — SC Code / Title 39 / Chapter 1 / Section 39-1-60
SECTION 39-1-60. Municipalities may regulate auction sales of personal property.
Status: in_force

All incorporated cities and towns in this State may regulate by proper form of ordinance the holding and conducting of all auction sales of personal property within the respective corporate limits of such cities or towns and provide appropriate penalties for the violation of all such ordinances. But this section shall not apply to auction sales made in conformity with the orders or decrees of courts of competent jurisdiction or sales made by railroad or express companies.
S.C. Code Ann. § 39-41-180 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-180
SECTION 39-41-180. Penalties for altering or erasing labels.
Status: in_force

If any manufacturer or dealer of such gasoline, illuminating or heating fluids shall, with intent to deceive or defraud, alter or erase the label or tag to indicate a different flash test, specific gravity or quantity than is indicated by the label or stamp attached to the vessel, he shall, on conviction, be fined not exceeding fifty dollars for every such offense.
S.C. Code Ann. § 39-29-70 — SC Code / Title 39 / Chapter 29 / Section 39-29-70
SECTION 39-29-70. Inspection of premises and vehicles.
Status: in_force

The Commissioner may enter upon any business premises or vehicle where corn meal or corn grits may be found for the purpose of enforcing this chapter and may take samples of and inspect and analyze corn meal and corn grits which are offered for sale or which have been sold or exchanged for services or goods.
S.C. Code Ann. § 39-26-80 — SC Code / Title 39 / Chapter 26 / Section 39-26-80
SECTION 39-26-80. Authorized condemnation or destruction of covered produce.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) If the Commissioner, or any authorized agent of the Commissioner, believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or regulations of the department promulgated pursuant to Section 39-26-50, the Commissioner, or any authorized agent of the Commissioner, is authorized to condemn, destroy, or require the destruction of the covered produce. (B) Prior to condemning, destroying, or requiring the destruction of covered produce pursuant to subsection (A), the Commissioner, or any authorized agent of the Commissioner, shall seize the covered produce in accordance with Section 39-26-70 and either: (1) secure the written consent to the condemnation or destruction, on a form to be provided by the Commissioner, or any authorized agent of the Commissioner, from the person from whom the covered produce was seized; or (2) make complaint before a magistrate pursuant to Section 39-26-90.
S.C. Code Ann. § 39-25-180 — SC Code / Title 39 / Chapter 25 / Section 39-25-180
SECTION 39-25-180. Promulgation of regulations; hearings; adoption of Federal regulations.
Status: in_force

(A) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the commissioner. The commissioner is authorized to make the regulations promulgated pursuant to this chapter conform, insofar as practicable, with those promulgated under the federal act. (B) Hearings authorized or required by this chapter must be conducted by the commissioner or the officer, agent, or employee the commissioner may designate for the purpose. (C) Pesticide chemical regulations and their amendments now or hereafter adopted pursuant to authority of the federal Food, Drug, and Cosmetic Act are the pesticide chemical regulations in this State. However, the commissioner may adopt a regulation that prescribes tolerances for pesticides in finished foods in this State whether or not in accordance with regulations promulgated pursuant to the federal act. (D) Food additive regulations and their amendments now or hereafter adopted pursuant to authority of the federal Food, Drug, and Cosmetic Act are the food additive regulations in this State. However, the commissioner may adopt a regulation that prescribes conditions under which a food additive may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act. (E) Color additive regulations and their amendments now or hereafter adopted pursuant to the authority of the federal Food, Drug, and Cosmetic Act are the color additive regulations in this State. However, the commissioner may adopt a regulation that prescribes conditions under which a color additive may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act. (F) Special dietary use regulations and their amendments now or hereafter adopted pursuant to the authority of the federal Food, Drug, and Cosmetic Act are the special dietary use regulations in this State. However, the commissioner may, if he finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations whether or not in accordance with regulations promulgated pursuant to the federal act. (G) Regulations and their amendments now or hereafter adopted pursuant to the Fair Packaging and Labeling Act are the regulations of this State. However, the commissioner may, if he finds it necessary in the interest of consumers, prescribe packaging and labeling regulations for consumer commodities, whether or not in accordance with regulations promulgated pursuant to the federal act; provided, that no regulation may be promulgated that is contrary to the labeling requirements for the net quantity of contents required pursuant to Section 4 of the Fair Packaging and Labeling Act and the regulations promulgated pursuant to it. (H) Good manufacturing practice regulations and their amendments now or hereafter adopted pursuant to the authority of the federal Food, Drug, and Cosmetic Act are the good manufacturing regulations of this State. However, the commissioner may adopt a regulation that prescribes conditions under which good manufacturing processes may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act. (I) Regulations and their amendments adopted referencing thermally processed low-acid foods packaged in hermetically sealed containers pursuant to the authority of the federal Food, Drug, and Cosmetic Act are the low-acid food regulations of this State. However, the commissioner may adopt a regulation that prescribes conditions under which thermally processed low-acid foods packaged in hermetically sealed containers may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act. (J) Regulations and their amendments adopted referencing acidified foods pursuant to the authority of the federal Food, Drug, and Cosmetic Act are the acidified food regulations of this State. However, the commissioner may adopt a regulation that prescribes conditions under which acidified foods may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act. (K) Regulations and their amendments adopted with regard to fish and fishery products pursuant to the authority of the federal Food, Drug, and Cosmetic Act are the fish and fishery products regulations of this State. However, the commissioner may adopt a regulation that prescribes conditions under which fish and fishery products may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act. (L) Regulations and their amendments now or hereafter adopted with regard to Hazard Analysis and Critical Control Point (HACCP) Systems pursuant to the authority of the federal Food, Drug, and Cosmetic Act as they are used to monitor various food products, including juice, for biological, chemical, and physical contaminants. (M) Food allergen and labeling regulations and their amendments now or hereafter adopted by the Food Allergen Labeling and Consumer Protection Act pursuant to the authority of the federal Food, Drug, and Cosmetic Act are the food allergen and labeling regulations of this State. (N) A federal regulation automatically adopted pursuant to this chapter takes effect in this State on the date it becomes effective as a federal regulation. The commissioner shall publish all other proposed regulations in the official state newspaper or publication prescribed by the commissioner. A person who may be adversely affected by a regulation may, within thirty days after a federal regulation is automatically adopted, or within thirty days after publication of any other regulation, file objections with the commissioner, in writing, and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation in the State of South Carolina. (O) If no substantial objections are received and no hearing is requested within thirty days after publication of a proposed regulation, the regulation takes effect on a date set by the commissioner. The effective date shall be at least sixty days after the time for filing objections has expired. (P) If timely substantial objections are made to a federal regulation within thirty days after it is automatically adopted or to a proposed regulation within thirty days after it is published, the commissioner, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The commissioner shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order must be based on substantial evidence in the record of the hearing. If the order concerns a federal regulation, it may reinstate, rescind, or modify it. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date must be at least sixty days after publication of the order. Effect of Amendment The 2010 amendment rewrote this section.
S.C. Code Ann. § 39-5-160 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-160
SECTION 39-5-160. Article is cumulative.
Status: in_force

The powers and remedies provided by this article shall be cumulative and supplementary to all powers and remedies otherwise provided by law.
S.C. Code Ann. § 39-41-540 — SC Code / Title 39 / Chapter 41 / Article 5 / Section 39-41-540
SECTION 39-41-540. Sale under false trademark or trade name.
Status: in_force

No person shall expose or offer for sale or sell under any trademark, trade name, name or other distinguishing mark any liquid fuels, lubricating oils, greases or other similar products other than those manufactured or distributed by the manufacturer or distributor marketing such products under such trade name, trademark, name or other distinguishing mark.
S.C. Code Ann. § 39-5-20 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-20
SECTION 39-5-20. Unfair methods of competition and unfair or deceptive acts or practices unlawful; application of federal act.
Status: in_force

(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. (b) It is the intent of the legislature that in construing paragraph (a) of this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 5(a) (1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
S.C. Code Ann. § 39-53-20 — SC Code / Title 39 / Chapter 53 / Section 39-53-20
SECTION 39-53-20. Exceptions to Section 39-53-10.
Status: in_force

The provisions of Section 39-53-10 shall not apply to the sale, or the offer to sell, merchandise or products known as "blinds," nor to persons whose given individual names are "Blind."
S.C. Code Ann. § 39-5-110 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-110
SECTION 39-5-110. Civil penalties for willful violation or violations of injunction.
Status: in_force

(a) If a court finds that any person is willfully using or has willfully used a method, act or practice declared unlawful by Section 39-5-20, the Attorney General, upon petition to the court, may recover on behalf of the State a civil penalty of not exceeding five thousand dollars per violation. (b) Any person who violates the terms of an injunction issued under Section 39-5-50 shall forfeit and pay to the State a civil penalty of not more than fifteen thousand dollars per violation. For the purposes of this section, the court of common pleas issuing an injunction shall retain jurisdiction, and the cause shall be continued and in such cases the Attorney General acting in the name of the State may petition for recovery of civil penalties. Whenever the court determines that an injunction issued pursuant to Section 39-5-50 has been violated, the court shall award reasonable costs to the State. (c) For the purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 39-5-20.
S.C. Code Ann. § 39-49-20 — SC Code / Title 39 / Chapter 49 / Section 39-49-20
SECTION 39-49-20. Identifying batteries as "rental".
Status: in_force

Any such person may mark any such battery belonging to him with the word "rental" or any other word of similar meaning, printed or stamped upon or attached to such battery, together with such words as shall identify such battery as the property of the person so marking it. It shall be unlawful for any person to so mark any such battery which is not the property of such person.
S.C. Code Ann. § 39-7-30 — SC Code / Title 39 / Chapter 7 / Section 39-7-30
SECTION 39-7-30. Permissible provisions in contract for sale of commodity bearing trademark.
Status: in_force

No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the trademark, brand or name of the producer, distributor or owner of such commodity and which is in fair and open competition with commodities of the same general class produced by others shall be deemed in violation of any law of the State by reason of any of the following provisions which may be contained in such contract: (1) That the buyer will not resell such commodity at less than the minimum price stipulated by the vendor; or (2) That the producer or vendee of a commodity require upon the sale of such commodity to another that such purchaser agree that he will not, in turn, resell at less than the minimum price stipulated by such producer or vendee. Such provisions in any contract shall be deemed to contain or imply conditions that such commodity may be resold without reference to such agreement in the following cases: (a) In closing out the owner's stock for the purpose of discontinuing dealing in such commodity if such stock is first offered to the producer or distributor of such stock at the original invoice price at least ten days before such stock shall be offered for sale to the public; (b) When the goods are damaged or deteriorated in quality and one week's notice is given to the public thereof by publication in a newspaper published in the county in which the seller's place of business is located; or (c) By any officer acting under the orders of any court. Validity For the validity of this section, see Rogers-Kent, Inc. v. General Electric Co., 231 S.C. 636, 99 S.E.2d 665 (1957).
S.C. Code Ann. § 39-3-340 — SC Code / Title 39 / Chapter 3 / Article 5 / Section 39-3-340
SECTION 39-3-340. Conduct of examination.
Status: in_force

The justice, judge or referee may adjourn such examination from time to time and witnesses must attend accordingly. The testimony of each witness must be subscribed by him, except when the testimony is taken and subscribed by a sworn stenographer, and all such testimony must be filed in the office of the clerk of the county in which such order for examination is filed.
S.C. Code Ann. § 39-25-10 — SC Code / Title 39 / Chapter 25 / Section 39-25-10
SECTION 39-25-10. Short title.
Status: in_force

This chapter may be cited as the South Carolina Food and Cosmetic Act.
S.C. Code Ann. § 39-59-90 — SC Code / Title 39 / Chapter 59 / Section 39-59-90
SECTION 39-59-90. Audit of books or records.
Status: in_force

The wholesaler, manufacturer, or distributor has no more than ninety days to audit the books or records regarding any pay-offs, floor plans material or goods and to make any collections from them. If the retailer is involved in any promotional contest or promotion scheme, the wholesaler, manufacturer, or distributor has no more than ninety days to audit any books or records in order to determine compliance with the regulations of the contest or scheme in order to make any collections from them. The ninety day period shall run concurrently with the time period provided for in Section 39-59-30.
S.C. Code Ann. § 39-41-235 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-235
SECTION 39-41-235. Preblended petroleum products and diesel fuel, sales; record status and registration; Renewable Identification Number system used; violation deemed unfair trade practice; wholesaler responsibilities.
Status: in_force

(A) Regardless of other products offered, every terminal, as defined in Section 12-28-110(56), located within the State, every terminal operator as defined in Section 12-28-110(58), must offer for sale all grades of petroleum products that are not already preblended with ethanol and that are suitable for subsequent blending of the product with ethanol. Every supplier as defined in Section 12-28-110(53), permissive supplier as defined in Section 12-28-110(43), refiner as defined in Section 12-28-110(49), or any other person or entity who is involved in the bulk transfer of motor fuel as defined in Section 12-28-110(8) are responsible for ensuring that every terminal located in this State and every terminal operator are delivered the products set forth in this section. (B) Regardless of other products offered, every terminal, as defined in Section 12-28-110(56), located within the State, every terminal operator as defined in Section 12-28-110(58), must offer for sale all grades of diesel fuel that are not already preblended to produce biodiesel or a biodiesel blend and that are suitable for subsequent blending to produce biodiesel or biodiesel blends. Every supplier as defined in Section 12-28-110(53), permissive supplier as defined in Section 12-28-110(43), refiner as defined in Section 12-28-110(49), or any other person or entity who is involved in the bulk transfer of motor fuel as defined in Section 12-28-110(8) are responsible for ensuring that every terminal located in this State and terminal operator in this State are delivered the products set forth in this section. (C) A terminal or terminal operator shall not offer for sale an unblended product that omits any additive found in a product preblended with ethanol. A terminal or terminal operator shall not offer for sale an unblended product that does not contain a comparable amount of any additive found in a product preblended with ethanol. Every supplier, permissive supplier, refiner, or any other person or entity who is involved in the bulk transfer of motor fuel are responsible for ensuring that the products set forth in this statute are delivered to every terminal and every terminal operator located in this State with which they have a contract. (D) No person or entity shall take an action to deny a distributor, as defined in Section 12-28-110(17), or retailer, as defined in Section 12-28-110(52) who is doing business in this State and who has registered with the Internal Revenue Service on Form 637 (M) from being the blender of record afforded them by the acceptance by the Internal Revenue Service of Form 637 (M). (E) A distributor or retailer and a refiner must utilize the Renewable Identification Number (RIN) system. Nothing in this section may be construed to imply a market value for the RINs. (F) A violation of this article is deemed an unfair trade practice, and each violation is a separate offense. A person or entity violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars for each violation. It shall not be a violation of this article when compliance is hindered by any catastrophic event outside the control of the person or entity such as a natural disaster, severe weather event, act of God, or acts of terrorism, fire, war, or riot. (G) Wholesalers purchasing gasoline, gasoline blending stock, or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the Commissioner of Agriculture. Refiners, suppliers, and permissive suppliers shall not be liable for fines, penalties, injuries, or damages arising out of the subsequent blending of gasoline, gasoline blending stock, or diesel pursuant to this section. An entity that does not blend the product at issue has no duty with respect to blending and shall not be liable for fines, penalties, injuries, or damages arising out of blending that does not meet those standards. A refiner, supplier, wholesaler, or retailer is not liable for damages caused by the use of incompatible motor fuel dispensed at a retail site if all of the following applies: (1) the incompatible fuel meets the standards promulgated by the Commissioner of Agriculture; (2) the incompatible fuel is selected by a person other than the retailer, including an employee or agent of the retailer; and (3) the incompatible fuel is dispensed from a motor fuel dispenser that correctly labels the type of fuel dispensed. For the purposes of this subsection, a motor fuel is incompatible with a motor according to the manufacturer of the motor. (H) An entity that purchases an unblended product and subsequently blends that product with ethanol or biodiesel shall provide notice to the purchasing entity's consumers, at the pump or another prominent location near the pump, identifying the entity that performed the blending. Effect of Amendment The 2012 amendment rewrote subsections (A), (B), (C), (F), and (G).
S.C. Code Ann. § 39-17-330 — SC Code / Title 39 / Chapter 17 / Article 3 / Section 39-17-330
SECTION 39-17-330. Bill of lading must refer to certificate.
Status: in_force

The agent of the railroad, railway or other common carrier shall incorporate in its bill of lading the fact that the duplicate certificate had been delivered to him by the shipper certifying that the car contains melons of a certain grade or melons of no grade, according to the representation made in the certificate.
S.C. Code Ann. § 39-9-170 — SC Code / Title 39 / Chapter 9 / Section 39-9-170
SECTION 39-9-170. Situation in which package must show price per single unit of weight.
Status: in_force

In addition to the declarations required by Section 39-9-160, a package being one of a lot containing random weights of the same commodity, when it is offered or exposed for sale at retail, must bear on the outside of the package a plain and conspicuous declaration of the price for each kilogram or pound and the total selling price of the package. Effect of Amendment The 1994 amendment rewrote this section.
S.C. Code Ann. § 39-5-330 — SC Code / Title 39 / Chapter 5 / Article 3 / Section 39-5-330
SECTION 39-5-330. Retail sale at lower than wholesale price is an unfair trade practice.
Status: in_force

It is declared an unfair trade practice and unlawful for any person who is in both the wholesale and retail business of selling merchandise to sell merchandise of like grade and quality at retail at a lower price than such person sells the same merchandise at wholesale in the same town or locality.
S.C. Code Ann. § 39-5-340 — SC Code / Title 39 / Chapter 5 / Article 3 / Section 39-5-340
SECTION 39-5-340. Liability of wholesaler.
Status: in_force

When a wholesaler owns a controlling interest or stock in a retail establishment or corporation and creates, organizes or maintains such retail outlet for the purpose of violating this article by making retail sales therefrom at a price that would be in violation of this article if made at retail directly by the wholesaler, such wholesaler shall be liable also for any violation of this article by any such retailer.
S.C. Code Ann. § 39-9-130 — SC Code / Title 39 / Chapter 9 / Section 39-9-130
SECTION 39-9-130. Standard cord-equivalent weights for pulpwood.
Status: in_force

(A) Pulpwood sold in South Carolina by weight must be based on the following weights as standard cord equivalents: (1) hardwood: (a) soft hardwoods: 5,450 pounds; (b) hard hardwoods: 6,200 pounds; (c) mixed hardwoods: 5,800 pounds; (2) pine: all counties: 5,350 pounds. (B) For purposes of this section hard hardwoods include oaks, hickorys, pecans, persimmon, ironwood, locusts, holly, dogwood, chinaberrys, and cherry. Others are classified as soft hardwoods. (C) A person violating this section, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days. Effect of Amendment The 1994 amendment added designators and made grammatical changes.
S.C. Code Ann. § 39-53-140 — SC Code / Title 39 / Chapter 53 / Section 39-53-140
SECTION 39-53-140. Annual registration fee; renewal of license.
Status: in_force

An annual fee of ten dollars shall be charged and collected at the time of registration of any other person. All such registrations shall be valid for one year from the date of issue and requests for renewal shall be submitted at least sixty days prior to its due date. Licenses not renewed as set forth herein may have their renewal date delayed at least two hundred and thirty days.
S.C. Code Ann. § 39-41-570 — SC Code / Title 39 / Chapter 41 / Article 5 / Section 39-41-570
SECTION 39-41-570. Penalties.
Status: in_force

Every person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars and by imprisonment not to exceed twelve months or by either or both in the discretion of the trial judge.
S.C. Code Ann. § 39-39-141 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-141
SECTION 39-39-141. Bulk retail sales; display of placards and information; exceptions.
Status: in_force

(A) All eggs offered for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers must be classified properly in accordance with this subsection. A heavy cardboard or placard, not less than eight by eleven inches, must be displayed conspicuously at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to the quality, weight, and the expiration date. (B) The name of the state of origin of eggs may appear on the placard. (C) The placard is not required if eggs are packed in properly labeled cartons. The eggs are required to meet the standard as noted on the placard. (D) Restaurants, hotels, or other eating places shall display conspicuously a placard at all times on or over each receptacle containing eggs to be used in food preparation.
S.C. Code Ann. § 39-35-50 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-50
SECTION 39-35-50. Sale of imitation butter or cheese as genuine prohibited.
Status: in_force

No person shall sell or offer for sale any imitation butter or imitation cheese under the pretense that the same is genuine butter or genuine cheese.
S.C. Code Ann. § 39-5-60 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-60
SECTION 39-5-60. Assurance of voluntary compliance with article.
Status: in_force

In the administration of this article, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be in violation of this article from any person who has engaged in, is engaging in, or is about to engage in such method, act or practice. Such assurance may include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance shall be in writing and be filed with and subject to the approval of the court of common pleas having jurisdiction. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose; however, any violation of the terms of such assurance shall constitute prima facie evidence of a violation of the provisions of this article. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest.
S.C. Code Ann. § 39-53-110 — SC Code / Title 39 / Chapter 53 / Section 39-53-110
SECTION 39-53-110. Licensing of nonresidents from states having similar requirements.
Status: in_force

The Commission may register and license without investigation, nonresident persons purporting to manufacture blind-made products, provided it has received proof that such person is approved by the state of his residence and has requirements substantially similar to those prescribed in this chapter.
S.C. Code Ann. § 39-3-160 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-160
SECTION 39-3-160. Forfeiture of corporate franchise.
Status: in_force

Any corporation created or organized by or under the laws of this State which shall violate any of the provisions of this article shall forfeit its corporate rights and franchises and its corporate existence shall, upon the proper proof being made thereof in any court of competent jurisdiction in the State, be by the court declared forfeited, void and of none effect and shall thereupon cease and determine. The clerk of such court shall certify the decree thereof to the Secretary of State.
S.C. Code Ann. § 39-23-10 — SC Code / Title 39 / Chapter 23 / Section 39-23-10
SECTION 39-23-10. Short title.
Status: in_force

This chapter may be cited as the South Carolina Drug Act.
S.C. Code Ann. § 39-25-70 — SC Code / Title 39 / Chapter 25 / Section 39-25-70
SECTION 39-25-70. Duty of solicitors and Attorney General; notice of criminal proceedings.
Status: in_force

It shall be the duty of each solicitor and/or the office of the Attorney General to whom the Commissioner reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this chapter is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Commissioner or his designated agent, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding.
S.C. Code Ann. § 39-17-110 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-110
SECTION 39-17-110. Manner in which inspections must be conducted.
Status: in_force

Inspections may be made in car lots or less than car lots and of products loaded in cars or of products not in cars. When any such inspection and classification is made, blank forms of certificates shall be furnished by the division of markets to all State inspectors, to be filled out by them to accompany each carload or less than carload lot of fruits and vegetables to market or to cover any produce inspected at its destination. When State inspection is enforced, such certificate shall name the time of such inspection and the grade of fruits and vegetables and shall contain such other information as may be required by the chief of the division of markets to be shown in the certificate, together with the words, "Graded and packed under State inspection."
S.C. Code Ann. § 39-15-1130 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1130
SECTION 39-15-1130. Effective period, registration of mark; renewal.
Status: in_force

(A) A registration of a mark is effective for five years from the date of registration, and upon application filed within six months before the expiration of the registration in a manner complying with the requirements of the secretary, the registration may be renewed for five years. A renewal fee payable to the secretary shall accompany the application for renewal of the registration. A registration may be renewed for successive periods of five years as provided for in this subsection. (B) An application for renewal under this article, whether of a registration made under this article or of a registration effected under any prior law, shall include a verified statement that the mark has been and is still in use and a specimen showing actual use of the mark on or in connection with the goods or services.
S.C. Code Ann. § 39-59-40 — SC Code / Title 39 / Chapter 59 / Section 39-59-40
SECTION 39-59-40. Repurchase amount due within thirty days; title to inventory.
Status: in_force

The wholesaler, manufacturer, or distributor shall make payment of the full repurchase amount to the retailer not later than thirty days after the receipt of inventory as provided for in Section 39-59-30. Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the wholesaler, manufacturer, or distributor.
S.C. Code Ann. § 39-73-325 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-325
SECTION 39-73-325. Penalties for willful violation; for unknowing violation; reference to Attorney General for criminal proceedings.
Status: in_force

(A) A person who wilfully violates this chapter or a regulation or order of the administrator under this chapter, upon conviction, must be fined not more than twenty thousand dollars, or imprisoned not more than ten years, or both, for each violation. (B) A person convicted of violating this chapter or a regulation or order under this chapter may be fined but must not be imprisoned if the person proves he had no knowledge of the rule or order. (C) The administrator may refer evidence available concerning violations of this chapter or a regulation or order of the administrator to the appropriate division of the Office of Attorney General, the appropriate solicitor, or other appropriate prosecution, law enforcement, or licensing authorities who, with or without a reference from the administrator, may institute the appropriate criminal proceedings under this chapter. Effect of Amendment 2025 Act No. 67, SECTION 6, in (A) and (B), inserted "this chapter or" preceding "a regulation"; and in (C), substituted "appropriate division of the Office of Attorney General, the appropriate solicitor, or other appropriate prosecution, law enforcement, or licensing authorities" for "Attorney General, or the appropriate solicitor".
S.C. Code Ann. § 39-75-100 — SC Code / Title 39 / Chapter 75 / Article 3 / Section 39-75-100
SECTION 39-75-100. Definitions.
Status: in_force

For the purposes of this chapter: (1) "Department" means the Department of Environmental Services. (2) "Manifest" means a record that contains all information required by the department including, but not limited to, an accurate measurement of the number of tires being transported, the type or types of tires, the date the tires originated from or reached their destination, and the origin and intended final destination of the tires, in a format approved by the department. (3) "Waste tire" has the same meaning as in Section 44-96-40(67). (4) "Waste tire facility" means a waste tire collection, disposal, processing, or recycling facility as defined in Section 44-96-40(68), waste tire site as defined in Section 44-96-40(70), or a waste tire treatment site as defined in Section 44-96-40(71). (5) "Waste tire generator" means any person whose action or process produces a waste tire. (6)(a) "Waste tire hauler" means a person engaged in picking up or transporting fifteen or more waste tires at a time for the purpose of collection, storage, processing, or disposal at a waste tire facility. A waste tire hauler must comply with the manifest requirements contained in this article and display a decal as provided in Section 39-75-140. (b) "Waste tire hauler" does not apply to a person hauling waste tires pursuant to a municipality's sanctioned tire clean-up event, to a county's waste tire clean-up enforcement efforts, as provided in Section 44-96-170(D), the South Carolina Department of Transportation, or to a person hauling regrooved or regroovable tires as provided in Article 1, Chapter 39 of this title.
S.C. Code Ann. § 39-17-90 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-90
SECTION 39-17-90. Designation and license of inspectors.
Status: in_force

The chief of the division of markets may designate any competent employee or agent of the division of markets and, upon satisfactory evidence of competency, may license any other person to make, upon request, inspections and classifications of farm products in accordance with standards which have become effective under this article, both at shipping points and at destination points within the State.
S.C. Code Ann. § 39-23-130 — SC Code / Title 39 / Chapter 23 / Section 39-23-130
SECTION 39-23-130. Embargo of adulterated or misbranded drug or device.
Status: in_force

The Director of Health and Environmental Control may, upon service of written notice, embargo any drug, device, or other substance for a period not to exceed fifteen days if such drug, device, or substance is suspected of being adulterated or misbranded, the purpose of such embargo being to prevent the removal of such drug, device, or substance from the jurisdiction of the Director of Health and Environmental Control until an investigation of such suspected adulteration or misbranding may be conducted.
S.C. Code Ann. § 39-26-100 — SC Code / Title 39 / Chapter 26 / Section 39-26-100
SECTION 39-26-100. Circuit court to render judgment that covered produce be forfeited; procedure; appeals.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to Section 39-26-80 is found upon trial to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or regulations of the department promulgated pursuant to Section 39-26-50, it is the duty of the circuit court to render judgment that the covered produce be forfeited to the department and that the goods be destroyed or sold by the Commissioner, or any authorized agent of the Commissioner, for any purpose other than to be used for human consumption. The mode of procedure before the circuit court must be the same, as near as may be in civil proceedings. Either party may appeal to the South Carolina Court of Appeals as appeals are taken from the circuit court, but it is not necessary for the State of South Carolina or the department to give any appeal bond. (B) The proceeds arising from any sale ordered pursuant to subsection (A) must be disposed of in accordance with this chapter, or regulations of the department promulgated pursuant to Section 39-26-50.
S.C. Code Ann. § 39-19-420 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-420
SECTION 39-19-420. "Warehouseman" defined.
Status: in_force

The term "warehouseman," as used in this article, is defined as any person engaged in the business of selling leaf tobacco at auction for a commission or for any other consideration or any employee of such person.
S.C. Code Ann. § 39-73-20 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-20
SECTION 39-73-20. Commodity transactions under commodity contract or option restricted.
Status: in_force

Except as otherwise provided in Section 39-73-30 or Section 39-73-40 no person may sell or purchase or offer to sell or purchase a commodity under commodity contract or under commodity option or offer to enter into or enter into as seller or purchaser a commodity contract or a commodity option.
S.C. Code Ann. § 39-41-280 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-280
SECTION 39-41-280. Enforcement of aboveground storage provisions.
Status: in_force

The Division of State Fire Marshal or his designee shall enforce the provisions of Section 39-41-260 of Act 582 of 1990.
S.C. Code Ann. § 39-19-50 — SC Code / Title 39 / Chapter 19 / Article 1 / Section 39-19-50
SECTION 39-19-50. Damages for use of cotton on storage without consent of owners.
Status: in_force

Except as otherwise permitted or required under the provisions of Chapter 7 of Title 36, a person taking cotton on storage as a warehouseman, for hire or not, is prohibited from using any of such cotton or allowing anyone else to use or consume any of such cotton in manufacture or otherwise without the written consent of the owner. Any such person violating the provisions of this section shall answer to the owner thereof suing therefor in punitive damages not to exceed five thousand dollars and shall also answer for any special or other damages which any such owner may suffer by such unlawful conduct.
S.C. Code Ann. § 39-5-145 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-145
SECTION 39-5-145. Price gouging during emergency; definitions; penalty; evidence.
Status: in_force

(A) As used in this section: (1) "Abnormal disruption of the market" means a change in the market for a commodity in a part of South Carolina, whether actual or imminently threatened, resulting from stress of weather, forces of nature, failure or shortage of electric power or other source of energy, strike, civil disorder, or other cause that constitutes the basis for an out-of-state declaration. (2) "Commodity" means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency. (3) "Notice of an abnormal disruption of the market" means notice given by the South Carolina Attorney General of an abnormal disruption of the market. (4) "Out-of-state declaration" means a declaration of a state of emergency, state of disaster, or similar declaration by the President of the United States. (5)(a) "Unconscionable price" means an amount charged which: (i) represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility, or local, regional, national, or international market trends; or (ii) grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility, or local, regional, national, or international market trends. (b) It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii). (B)(1) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to: (a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or (b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared. (2) This prohibition remains in effect until the declaration expires or is terminated. (C)(1) Upon a declaration of a state of disaster by the President, in which the disaster area includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee in this State to: (a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or (b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared. (2) This prohibition remains in effect until the declaration expires or is terminated. (D) When notice of an abnormal disruption of the market is given, it is unlawful and a violation of this article for a person or his agent or employee to: (1) rent or sell or offer to rent or sell a commodity at an unconscionable price in any area of this State where there is an abnormal disruption in the market; or (2) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility in any area of this State where there is an abnormal disruption in the market. (E) When notice of an abnormal disruption of the market is given, the prohibitions in this section are in effect for fifteen days unless notice of an abnormal disruption in the market is earlier retracted or renewed. The Attorney General may renew a notice of abnormal disruption of the market for an unlimited number of successive fifteen-day periods. (F) A trade association, corporation, or partnership may register as an agent for the purpose of being notified when the Attorney General gives, retracts, or renews notice of an abnormal disruption of the market. A trade association may designate up to three persons to be notified on behalf of the organization's members. The trade association, corporation, or partnership is responsible for maintaining current information for the designated agents. The Attorney General's Office shall notify the registered agents simultaneous to giving, retracting, or renewing notice of an abnormal disruption of the market. (G) A price increase approved by an appropriate government agency is not a violation of this section. (H) A price increase that reflects the usual and customary seasonal fluctuation in the price of the subject essential commodity or the rental or lease of a dwelling unit or self-storage facility is not a violation of this section. (I) This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster. (J) This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging. In the event a local government declares a state of emergency or disaster or experiences an abnormal disruption of the market in which the area includes all or a portion of the area under the local government's jurisdiction, and restricts price gouging during that time, the governmental entity must notify the Governor's Office of the declaration. The Governor's Office must notify registered agents simultaneously at the time of the declaration and also at its expiration or termination. (K) In addition to all other remedies provided in this article, a person who wilfully and knowingly violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned not more than thirty days, or both. (L) A person who is charged with committing an action in violation of this section may present evidence relating to, but not limited to, his knowledge or intent when committing the action to rebut any presumption or evidence of violation of this section. Editor's Note 2002 Act No. 393, SECTION 45, provides as follows: "This act takes effect upon approval by the Governor, and applies to offenses committed after its effective date and to causes of action arising or accruing on or after the effective date." Effect of Amendment The 2006 amendment, in subsection (A), added subparagraph (1), redesignated subparagraph (1) as (2), added subparagraphs (3) and (4) and redesignated subparagraph (2) as subparagraph (5); added subsections (D) to (F) relating to abnormal disruption in the market; redesignated subsection (D) as subsection (G); added subsection (H) excepting seasonal price fluctuations; redesignated subsections (E) to (H) as subsections (I) to (L); and made conforming and nonsubstantive changes throughout.
S.C. Code Ann. § 39-23-110 — SC Code / Title 39 / Chapter 23 / Section 39-23-110
SECTION 39-23-110. Notice of criminal proceedings.
Status: in_force

Before any violation of this chapter is reported by the Director of Health and Environmental Control to the Attorney General for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding.
S.C. Code Ann. § 39-17-100 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-100
SECTION 39-17-100. Suspension or revocation of license.
Status: in_force

The chief of the division of markets may suspend or revoke any license whenever, after opportunity for a hearing has been afforded to the licensee, the chief of the division of markets shall determine that such licensee is incompetent or has knowingly or carelessly failed to classify any farm product correctly in accordance with such standards or has violated any provision of this article or of the regulations made under Section 39-17-40. Pending investigation the chief of the division of markets may suspend a license temporarily without a hearing.
S.C. Code Ann. § 39-5-50 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-50
SECTION 39-5-50. Injunction; orders or judgments to restore property.
Status: in_force

(a) Whenever the Attorney General has reasonable cause to believe that any person is using, has used or is about to use any method, act or practice declared by Section 39-5-20 to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the State against such person to restrain by temporary restraining order, temporary injunction or permanent injunction the use of such method, act or practice. Unless the Attorney General determines in writing that the purposes of this article will be substantially impaired by delay in instituting legal proceedings, he shall, at least three days before instituting any legal proceedings as provided in this section, give notice to the person against whom proceedings are contemplated and give such person an opportunity to present reasons to the Attorney General why such proceedings should not be instituted. The action may be brought in the court of common pleas in the county in which such person resides, has his principal place of business or conducts or transacts business. The courts are authorized to issue orders and injunctions to restrain and prevent violations of this article, and such orders and injunctions shall be issued without bond. Whenever any permanent injunction is issued by such court in connection with any action which has become final, reasonable costs shall be awarded to the State. (b) The court may make such additional orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act or practice, any moneys or property, real or personal, which may have been acquired by means of any practice declared to be unlawful in this article, including the revocation of a license or certificate authorizing that person to engage in business in this State, provided the order declaring the practice to have been unlawful has become final.
S.C. Code Ann. § 39-3-150 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-150
SECTION 39-3-150. Conspiracy to form monopoly; exemptions for motor fuel sales to meet existing competition; records to support exemption.
Status: in_force

(A) If any person engaged in the manufacture, sale, or distribution of any commodity in general use in this State shall, with the intent or purpose of driving out competition or for the purpose of financially injuring competitors, sell at less than cost of manufacture or at less than the cost of such commodity bought in the open markets plus the freight and other charges to point of destination or give away such product for the purpose of driving out competition or financially injuring any competitor engaged in the manufacture, sale, or distribution of such commodity in this State, such person shall be guilty of a conspiracy to form or secure a trust or monopoly in restraint of trade and of unfair discrimination, which is prohibited and declared to be unlawful. Any person violating any of the provisions of this section and any officer, agent, or receiver of any firm, company, association, or corporation or any member thereof or any individual guilty of a violation of this section shall be liable for a penalty of not less than five hundred dollars nor more than five thousand dollars to be recovered at the suit of the State in the court of common pleas of any county. The Attorney General may allow one-half of the penalties provided in this section to anyone who may conduct the suit and the Attorney General shall be authorized to proceed as provided in this article to enforce the provisions hereof. Each sale so proven under the provisions of this section shall be considered a separate offense. (B) Sales of motor fuel in general use in this State at wholesale or retail at a price to meet existing competition which is below the actual cost of acquiring the product, including transportation and taxes, are exempt from the provisions of this section, provided that any person claiming the exemption shall keep and maintain records substantiating his effort to meet this competition, including the identity and place of business of the competitors whose competition that person is meeting. The records must be made available to the Department of Consumer Affairs and the Attorney General on request made in connection with any investigation of a possible violation of this section by the department or the Attorney General. Effect of Amendment The 1993 amendment designated the existing material subsection (A) and added subsection (B).
S.C. Code Ann. § 39-20-47 — SC Code / Title 39 / Chapter 20 / Section 39-20-47
SECTION 39-20-47. Enforcement of lien by distraint.
Status: in_force

(A) If no written rental agreement exists between the owner and occupant and the oral rental agreement was entered into prior to the effective date of this chapter, an owner may enforce collection of rent due by distress in the manner prescribed by this section if the occupant has been in default continuously for thirty days. Any magistrate having jurisdiction over the district in which the self-service storage facility is located may issue, upon receipt of an affidavit of the owner or his agent setting forth the amount of rent due, a notice directed to the occupant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. The notice, together with a copy of the affidavit, must be delivered to (a) any regular constable, (b) such special constable as the magistrate may appoint, or (c) the sheriff of the county for enforcement. The officer shall serve a copy of the notice and affidavit on the occupant by personal service by any method provided by law. (B) The purpose of the predistress hearing is to protect the occupant's use and possession of property from arbitrary encroachment and to prevent unfair or mistaken deprivation of property. If the magistrate shall, after conducting the hearing, find that the owner's right to distress is valid and the occupant has no overriding right to continue in possession of the property subject to distress, then the magistrate may issue his distress warrant naming the amount of rent due, with costs, and the warrant shall be delivered to an officer as set forth in subsection (A). (C) The officer to whom a distress warrant is delivered after the predistress hearing shall demand of the occupant payment of the rent with costs as enumerated in the distress warrant. If the amount is paid the officer shall return the warrant with the amount collected to the magistrate who shall settle with the owner. If the tenant fails or refuses to pay the rent with costs, the officer shall distrain sufficient other property upon the rented premises to pay the amount by delivering or mailing to the occupant at his last known address a list in writing of the property distrained together with a copy of the distress warrant. (D) If any property distrained is not the property of the occupant, the occupant immediately shall name the owner of the property and inform the officer of the ownership and the officer shall distrain sufficient other property of the occupant to pay the rent and costs. The property of the occupant must be first applied to payments of the rent and costs. All property in the self-service storage facility is subject to distress as provided in this section. (E) Any property belonging to the occupant removed from the self-service storage facility must, if found, be subject to distraint and sale, provided the distraint be made within thirty days after the removal. (F) Within five days after the distraint, the occupant may free the property from the lien of the distraint by giving a bond payable to the owner in double the amount claimed, with sufficient surety or sureties approved by the court, and the issues thus joined must be tried by the court. The owner has the right to except to the surety or sureties and the surety or sureties shall justify before the magistrate as provided for justification for sureties in claim and delivery actions. (G) If the occupant fails to give bond as prescribed in subsection (F) then the officer may sell the property at public auction to the highest bidder for cash at a designated place of sale after posting a notice of the sale for five days upon the premises and two other public places in the county stating the time and place of the sale. (H) The purchaser at a sale of chattels seized under a distress warrant takes the property subject to any other perfected and recorded liens on the property. (I) If the property distrained brings more than the rent with costs at the sale the surplus must be paid to the occupant and the rent must be paid to the owner. Effect of Amendment 2014 Act No. 136, SECTION 1, in subsection (C), substituted "sufficient other property" for "sufficient of the property".
S.C. Code Ann. § 39-1-30 — SC Code / Title 39 / Chapter 1 / Section 39-1-30
SECTION 39-1-30. Signs shall be displayed by sellers of Japanese textiles.
Status: in_force

Every person operating a wholesale or retail establishment in the State which sells Japanese textile goods, or garments made therefrom, shall display in a conspicuous place upon the doors of such establishment, in letters not less than four inches high, a sign reading as follows: "Japanese Textiles Sold Here." Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
S.C. Code Ann. § 39-51-100 — SC Code / Title 39 / Chapter 51 / Section 39-51-100
SECTION 39-51-100. Stop sale or withdrawal from distribution order; release of antifreeze upon compliance; condemnation procedure.
Status: in_force

(a) When the Commissioner finds any antifreeze being distributed in violation of Section 39-51-90 or any rule of the Department of Agriculture, he may issue and enforce a written or printed "stop sale" or "withdrawal from distribution" order, warning the distributor not to dispose of any of the lot of antifreeze in any manner until written permission is given by the Commissioner or the court. Copies of such orders shall also be sent by registered mail to the registrant and to the person whose name and address appears on the labeling of the antifreeze. The Commissioner shall release for distribution the lot of antifreeze so withdrawn when the provisions of Section 39-51-90 and applicable rules are complied with. If compliance is not obtained within thirty days, the Commissioner may begin proceedings for condemnation. (b) Any lot of antifreeze not in compliance with such provisions and regulations shall be subject to seizure upon complaint of the Commissioner, or any of his agents, to the circuit court in the county in which such antifreeze is located. In the event the court finds the antifreeze to be in violation of this chapter, it may then order the condemnation of such antifreeze and it shall be disposed of in any manner consistent with the rules and regulations of the Commissioner and the laws of the State; provided, however, that in no instance shall the disposition of such antifreeze be ordered by the court without first giving twenty days' notice, by registered mail at his last known address, to the owner, if he is known to the Commissioner and to the registrant, if the antifreeze is registered, at the address shown on the label or on the registration certificate, so that such persons may apply to the court for the release of such antifreeze or for permission to process or relabel such antifreeze so as to bring it into compliance with this chapter. (c) Nothing in this chapter shall be construed as requiring the Commissioner to institute legal proceedings whenever he believes that the public interest will be best served by a suitable notice of warning in writing to the registrant or the person whose name and address appears in the label.
S.C. Code Ann. § 39-22-30 — SC Code / Title 39 / Chapter 22 / Section 39-22-30
SECTION 39-22-30. Department to promulgate regulations.
Status: in_force

The department shall promulgate regulations to implement the provisions of this chapter.
S.C. Code Ann. § 39-49-70 — SC Code / Title 39 / Chapter 49 / Section 39-49-70
SECTION 39-49-70. Sale of rebuilt electric storage batteries not marked as "Rebuilt".
Status: in_force

Whoever assembles or rebuilds an electric storage battery for use on automobiles, in whole or in part, out of secondhand or used material such as containers, separators, plates, groups or other battery parts and sells it or offers it for sale in the State without the word "Rebuilt" moulded into the side of the container in letters which are at least one inch high and five eighths of an inch wide shall be guilty of a misdemeanor.
S.C. Code Ann. § 39-19-470 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-470
SECTION 39-19-470. Retention of tickets or cards after sale.
Status: in_force

Such cards or tickets or duplicates or copies thereof shall, after the sale of such tobacco, be collected by the warehouseman or cooperative marketing association and shall be kept by the warehouseman or cooperative marketing association for a period of not less than fifteen days after the sale of the tobacco and for such period of fifteen days such tickets and such sale books as shall be kept by the warehouseman or cooperative association shall be open to the inspection of any person who knows or has reason to believe that there has been delivered or sold in such warehouse any tobacco in which such person or the principal or employer of such person has any legal or equitable interest. But no one shall have the right during the sale hours to inspect the books authorized in this section to be inspected.
S.C. Code Ann. § 39-33-1730 — SC Code / Title 39 / Chapter 33 / Article 15 / Section 39-33-1730
SECTION 39-33-1730. Combinations of certain ingredients with butter or cheese prohibited.
Status: in_force

No person shall combine any animal fat, vegetable oil or other substance with butter or cheese.
S.C. Code Ann. § 39-22-80 — SC Code / Title 39 / Chapter 22 / Section 39-22-80
SECTION 39-22-80. Warehouse receipt forms, requirements; electronic receipts exempt; notice to depositor; transfers to other parties.
Status: in_force

The warehouse receipt forms must be designed or otherwise approved by the commissioner. All orders for the printing of warehouse receipts and bale tags must be preapproved by the department. The receipts must be numbered and the warehouse receiving the forms shall account for each receipt. The receipts may have the lithographed or engraved signature of the commissioner but they must be signed with pen and ink, indelible pencil, or mechanical device approved by the commissioner, by the authorized manager of the licensed warehouse. However, the Commissioner of Agriculture is authorized to accept and process Electronic Warehouse Receipts (EWR) from qualified providers, as defined by pertinent federal regulations governing EWR, and in so doing, is further authorized to exempt EWR from the provisions of this chapter to the extent these provisions are in conflict with pertinent federal regulations governing EWR, or to the extent that application of the provisions of this chapter renders acceptance and processing of EWR by the department impracticable. If a warehouseman elects to utilize electronic warehouse receipts, he must provide written notice to the depositor that the EWR have been issued to the depositor, the numbers of the EWR so issued and that the receipts are being held on his behalf and cannot be transferred to any other party without the depositor's written consent. The consent must be on a form approved by the commissioner and it must be signed in the presence of the warehouseman, and attested to by him. Provided, however, that a warehouseman may accept a notarized copy of the written notice form. Effect of Amendment The 1997 amendment added the fifth sentence. The 1998 amendment added the sixth, seventh, and eighth sentences.
S.C. Code Ann. § 39-19-410 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-410
SECTION 39-19-410. Declaration of purpose.
Status: in_force

The purpose of this article is to prevent frauds in the handling and sale of leaf tobacco; to protect producers of leaf tobacco from loss of it from theft or other improper conduct of irresponsible parties; to protect all persons having a lien on any tobacco or any interest in any tobacco; and to protect persons purchasing tobacco or having contracts to purchase tobacco.
S.C. Code Ann. § 39-3-180 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-180
SECTION 39-3-180. Penalties.
Status: in_force

Any person, partnership, firm, association, corporation or company or any officer, representative or agent thereof violating any of the provisions of this article other than Section 39-3-150 shall forfeit not less than two hundred dollars, nor more than five thousand dollars, for every such offense and each day such person shall continue to do so shall be a separate offense, the penalties in such cases to be recovered by an action in the name of the State, at the relation of the Attorney General or the solicitor of the judicial circuit within which the offense was committed. The moneys thus collected shall go into the State Treasury, and become a part of the general fund except as otherwise provided. The amount of the forfeit shall be fixed by the judge before whom the case is tried in each case, within the limits provided in this section and the collection of such penalty shall be enforced as the collection of fines against defendants upon conviction of a misdemeanor.
S.C. Code Ann. § 39-61-110 — SC Code / Title 39 / Chapter 61 / Section 39-61-110
SECTION 39-61-110. Requirements of service contracts.
Status: in_force

No service contract may be issued or delivered in this State unless it contains: (a) The exact corporation or other name of the club. (b) The exact location of its home office or any business office to which inquiries may be made. (c) The motor club services contracted for. (d) The territory wherein motor club services contracted for are to be rendered. (e) The duration of the service contract.
S.C. Code Ann. § 39-65-20 — SC Code / Title 39 / Chapter 65 / Section 39-65-20
SECTION 39-65-20. Principal to pay commissions.
Status: in_force

When a contract between a sales representative and a principal is terminated for any reason, the principal shall pay the sales representative all commissions that have or will accrue under the contract to the sales representative according to the terms of the contract.
S.C. Code Ann. § 39-61-10 — SC Code / Title 39 / Chapter 61 / Section 39-61-10
SECTION 39-61-10. Short title.
Status: in_force

This chapter is known and may be cited as the "Motor Club Services Act".
S.C. Code Ann. § 39-49-30 — SC Code / Title 39 / Chapter 49 / Section 39-49-30
SECTION 39-49-30. Alteration of "rental" indicator is unlawful.
Status: in_force

It is unlawful for any person to remove, deface, alter or destroy the word "rental" on any rental battery or any other word, mark or character printed, painted or stamped upon or attached to any rental battery to identify it as belonging to or being the property of any person.
S.C. Code Ann. § 39-9-30 — SC Code / Title 39 / Chapter 9 / Section 39-9-30
SECTION 39-9-30. Certain weighing devices are subject to standards and inspection.
Status: in_force

When a fee is paid for service rendered by a weighing device, the weighing device is subject to the standards and the inspection provided by this chapter, and the person owning or operating the device is subject to its penalties. Effect of Amendment The 1994 amendment made grammatical changes.
S.C. Code Ann. § 39-65-70 — SC Code / Title 39 / Chapter 65 / Section 39-65-70
SECTION 39-65-70. Effect of waiver of chapter provisions in contract.
Status: in_force

A provision in any contract between a sales representative and a principal purporting to waive any provision of this chapter, whether by expressed waiver or by a contract subject to the laws of another state, is void.
S.C. Code Ann. § 39-11-130 — SC Code / Title 39 / Chapter 11 / Section 39-11-130
SECTION 39-11-130. Compelling return of state stamp upon violation of chapter.
Status: in_force

The department may direct and compel the return of the state stamp where the public weighmaster is guilty of a violation of this chapter. Effect of Amendment The 1989 amendment deleted reference to forfeiture of bond.
S.C. Code Ann. § 39-75-10 — SC Code / Title 39 / Chapter 75 / Article 1 / Section 39-75-10
SECTION 39-75-10. Definitions.
Status: in_force

As used in this chapter, the term: (1) "Regroovable tire" means a tire, either original tread or retread, designed and constructed with sufficient tread material to permit renewal of the tread pattern or the generation of a new tread pattern in a manner which conforms to this chapter. (2) "Regrooved tire" means a tire, either original tread or retread, on which the tread pattern has been renewed or a new tread has been produced by cutting into the tread of a worn tire to a depth equal to or deeper than the molded original groove depth.
S.C. Code Ann. § 39-11-220 — SC Code / Title 39 / Chapter 11 / Section 39-11-220
SECTION 39-11-220. Chapter inapplicable to certain materials used for construction of buildings or roads.
Status: in_force

This chapter shall not apply to the sale of all solids, mined or excavated, which are commonly used for construction of buildings or roads, whether or not they are in their natural state, such as sand, rock, gravel, Portland cement, or asphaltic concrete products and crushed stone.
S.C. Code Ann. § 39-37-30 — SC Code / Title 39 / Chapter 37 / Section 39-37-30
SECTION 39-37-30. Pasteurization required.
Status: in_force

All milk and milk products used in the manufacture of ice cream, ice milk, frozen custard or sherbet, or the entire mix with or without flavor or color, shall be pasteurized in accordance with rules and regulations to be adopted as herein provided.
S.C. Code Ann. § 39-59-120 — SC Code / Title 39 / Chapter 59 / Section 39-59-120
SECTION 39-59-120. Legal remedy for violation of chapter.
Status: in_force

Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, and any other legal remedies available, any person who is injured in his business or property by a violation of this chapter by the commission of any unfair and deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, is in violation of this chapter, may bring a civil action in a court of competent jurisdiction in this State to enjoin further violations, to recover the damages sustained by him together with the costs of the suit, including a reasonable attorney's fee.
S.C. Code Ann. § 39-75-240 — SC Code / Title 39 / Chapter 75 / Article 5 / Section 39-75-240
SECTION 39-75-240. Construction.
Status: in_force

Nothing in this article may be construed to create a private cause of action for negligence per se nor may it be construed to impair, limit, or affect common law rights or other statutory theories.
S.C. Code Ann. § 39-3-190 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-190
SECTION 39-3-190. Enforcement by Attorney General and solicitors.
Status: in_force

The Attorney General and the solicitor of each circuit in which an offense is committed, respectively, shall enforce the provisions of this article. The solicitor shall institute and conduct all suits begun in the circuit courts and upon appeal the Attorney General shall prosecute the suits in the Supreme Court or the court of appeals. Effect of Amendment The 1999 amendment added "or the court of appeals".
S.C. Code Ann. § 39-26-170 — SC Code / Title 39 / Chapter 26 / Section 39-26-170
SECTION 39-26-170. Severability.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 39-41-560 — SC Code / Title 39 / Chapter 41 / Article 5 / Section 39-41-560
SECTION 39-41-560. Aiding or assisting in violations of article.
Status: in_force

No person shall aid or assist any other person in violating any of the provisions of this article by depositing or delivering into any tank, pump, receptacle or other container any liquid fuels, lubricating oils, greases or other like products other than those intended to be stored therein, as indicated by the name of the manufacturer or distributor or the trademark, trade name, name or other distinguishing mark of the product displayed in the container itself, or on the pump or other distributing device used in connection therewith or shall by any other means aid or assist another in the violation of any of the provisions of this article.
S.C. Code Ann. § 39-11-160 — SC Code / Title 39 / Chapter 11 / Section 39-11-160
SECTION 39-11-160. Net weight and actual weight.
Status: in_force

When any commodity is sold subject to public weighmaster weights, such weights shall be the true net weight. Net weight is the correct or actual weight of the commodity excluding the weight of the container or conveyance. Actual weight shall mean the weight obtained from draft of vehicle loads. In determining the net weight of any commodity, the entire weight of the vehicle and load must rest on the scale at one time.
S.C. Code Ann. § 39-35-210 — SC Code / Title 39 / Chapter 35 / Article 3 / Section 39-35-210
SECTION 39-35-210. Sale of oleomargarine without a certain amount of vitamin A is unlawful.
Status: in_force

It shall be unlawful for any manufacturer, processor or dealer in oleomargarine in this State to sell or offer for sale any oleomargarine within the State which does not contain at least nine thousand United States Pharmacopoeia units of vitamin A per pound.
S.C. Code Ann. § 39-39-180 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-180
SECTION 39-39-180. Penalties.
Status: in_force

(A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than: (1) one hundred nor more than two hundred dollars for a first violation; (2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation; (3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation. (B) The commissioner or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than: (1) one hundred nor more than two hundred dollars for a first violation; (2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation; (3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation. (C) A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court. Effect of Amendment The 1994 amendment revised this section, adding subsections (A) and (B), and increasing the penalties in (C). The 2005 amendment reprinted this section with no apparent change.
S.C. Code Ann. § 39-5-720 — SC Code / Title 39 / Chapter 5 / Article 7 / Section 39-5-720
SECTION 39-5-720. Definitions.
Status: in_force

As used in this article: (1) "Compensation" means the payment of money, a thing of value, or a benefit. (2) "Consideration" means either the payment of money or the provision of a thing of value for the purchase of a product, good, service, or intangible property. Consideration does not include: (a) the purchase of a product, furnished at cost, for use in making a sale, but not for resale, of the purchased product itself; or (b) time and effort spent to pursue a sale or recruiting activity. (3) "Pyramid promotional scheme" means a plan or operation in which an individual pays consideration for the right to receive compensation based primarily upon recruiting other individuals into the plan or operation instead of selling products or services to ultimate users for their use or consumption. (4) "Ultimate users" are individuals who consume or use the products or services, whether or not they are participants in the plan or operation.
S.C. Code Ann. § 39-5-70 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-70
SECTION 39-5-70. Investigative demand by Attorney General.
Status: in_force

(a) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, or when he believes it to be in the public interests that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, he may execute in writing and cause to be served upon that person or any other person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation, an investigative demand requiring such person to furnish, under oath, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination and copying, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation. (b) At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for a reasonable time or to modify or set aside the demand, stating good cause, may be filed in the court of common pleas where the person served with the demand resides or has his principal place of business or conducts or transacts business. This section shall not be applicable to any criminal proceedings, nor shall any information obtained under the authority of this section or Section 39-5-80 be admissible in evidence in any criminal prosecution.
S.C. Code Ann. § 39-19-210 — SC Code / Title 39 / Chapter 19 / Article 3 / Section 39-19-210
SECTION 39-19-210. "Warehouseman" defined.
Status: in_force

A "warehouseman" within the meaning of this article shall mean a person operating a warehouse for the sale of leaf tobacco, whether such person be the owner or lessee of such warehouse. Editor's Note State Warehouse System, and regulation of warehouses, see SECTION 39-22-10 et seq.
S.C. Code Ann. § 39-31-30 — SC Code / Title 39 / Chapter 31 / Section 39-31-30
SECTION 39-31-30. Methods of enrichment.
Status: in_force

The enrichment of rice or bulk rice may be accomplished by undermilling, treatment of the unhusked rice by such processes known as parboiling and conversion, addition of U. S. P. pure vitamins, addition of harmless and assimilable iron and calcium salts or by any combination of methods which produce enriched rice which meets the standards defined in this chapter. The use of harmless edible carriers and preservatives is permitted in only such amounts as needed for efficient marketing.
S.C. Code Ann. § 39-15-15 — SC Code / Title 39 / Chapter 15 / Article 1 / Section 39-15-15
SECTION 39-15-15. Requirements for labeling product as "peat"; penalties.
Status: in_force

(A) It is unlawful for a person engaged in the business of manufacturer, dealer, distributor, wholesaler, or retailer of peat to label a package or container of the product as "peat", or to market, distribute, sell, or advertise for sale a package or container with the word "peat" in the label or anywhere else on the package or container, unless the product is in actuality partially carbonized vegetable tissue formed by partial decomposition in water of various plants. (B) A person who violates any of the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or must be imprisoned for thirty days. Each violation constitutes a separate offense.
S.C. Code Ann. § 39-25-35 — SC Code / Title 39 / Chapter 25 / Section 39-25-35
SECTION 39-25-35. Exception to prohibited acts.
Status: in_force

The provisions of Section 39-25-30 do not apply to water-powered grist mills or their products.
S.C. Code Ann. § 39-73-50 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-50
SECTION 39-73-50. Commodity merchant required to be registered, temporarily licensed, or exempt; board of trade must be designated.
Status: in_force

(A) No person may engage in a trade or business or otherwise act as a commodity merchant unless he: (1) is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expired or been suspended or revoked; or (2) is exempt from registration by virtue of the Commodity Exchange Act or of a CFTC Rule. (B) No board of trade may trade or provide a place for the trading of a commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless the board of trade has been so designated for the commodity contract or commodity option and the designation has not been vacated, suspended, or revoked.
S.C. Code Ann. § 39-31-90 — SC Code / Title 39 / Chapter 31 / Section 39-31-90
SECTION 39-31-90. Inspection of premises and vehicles.
Status: in_force

The Commissioner may enter upon any business premises or vehicles where rice may be found, for the purpose of enforcing this chapter, and to take samples of and inspect and analyze rice or bulk rice which are offered for sale or which have been sold or exchanged for services or goods.
S.C. Code Ann. § 39-5-520 — SC Code / Title 39 / Chapter 5 / Article 5 / Section 39-5-520
SECTION 39-5-520. Blind bidding prohibited; notice of trade screenings required.
Status: in_force

(a) Blind bidding is prohibited in this State. No bids shall be returnable; no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture in this State before the motion picture has been trade screened in the State or in the Film Exchange Center in the State of North Carolina. (b) A distributor shall include in each invitation to bid for a motion picture for exhibition in the State, if the motion picture has not already been trade screened, the date, time and place of trade screening of the motion picture. (c) A distributor shall provide reasonable and uniform notice to exhibitors in the State of all trade screenings of motion pictures he is distributing for exhibition within this State. The notice may be by mail or by publication having general circulation among exhibitors in the State.
S.C. Code Ann. § 39-23-50 — SC Code / Title 39 / Chapter 23 / Section 39-23-50
SECTION 39-23-50. Labeling or packaging requirements, exemptions; certain drugs must be dispensed only on prescription; requirements.
Status: in_force

(a) The Director of Health and Environmental Control is hereby directed to promulgate regulations exempting from any labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such drugs and devices are not adulterated or misbranded, under the provisions of this chapter upon removal from such processing, labeling, or repacking establishment. (b)(1) A drug intended for use by man which (A) is a habit-forming drug to which Section 39-23-40(d) applies; or (B) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or (C) is limited by an effective application under Section 39-23-70 to use under the professional supervision of a practitioner licensed by law to administer such drug, shall be dispensed only (i) upon a written prescription of a practitioner licensed by law to administer such drug, or (ii) upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist, or (iii) by refilling any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to the provisions of this paragraph shall be deemed to be an act which results in the drug being misbranded while held for sale. (2) Any drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to administer such drug shall be exempt from the requirements of Section 39-23-40, except paragraphs (a), (i)(2) and (3), (k), and the packaging requirements of paragraphs (g) and (h), if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or of its filling, the name of the prescriber, and if stated in the prescription the name of the patient, and the directions for use and cautionary statements, if any, contained in such prescription. This exemption shall not apply to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of paragraph (1) of this subsection. (3) The Director of Health and Environmental Control may by regulation remove drugs subject to Section 39-23-40(d) and Section 39-23-70 from the requirements of paragraph (1) of this subsection when such requirements are not necessary for the protection of the public health. Drugs removed from the prescription requirements of the Federal act by regulations issued thereunder may also by regulations issued by the Director of Health and Environmental Control, be removed from the requirements of paragraph (1) of this subsection. (4) A drug which is subject to paragraph (1) of this subsection shall be misbranded if at any time prior to dispensing its label fails to bear the statement "Caution: Federal law prohibits dispensing without prescription." A drug to which paragraph (1) of this subsection does not apply shall be deemed to be misbranded if at any time prior to dispensing its label bears the caution statement quoted in the preceding sentence. (5) Nothing in this subsection shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to drugs now included or which may hereafter be included within the classifications stated in Sections 44-49-10, 44-49-40, 44-49-50 and 44-53-110 to 44-53-580.
S.C. Code Ann. § 39-26-150 — SC Code / Title 39 / Chapter 26 / Section 39-26-150
SECTION 39-26-150. Exemptions.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. Any exemption to the requirements of 21 C.F.R. Part 112, as established in 21 C.F.R. Part 112, also applies to this chapter.
S.C. Code Ann. § 39-6-70 — SC Code / Title 39 / Chapter 6 / Section 39-6-70
SECTION 39-6-70. Manufacturer prohibited from owning or competing with dealerships; exceptions.
Status: in_force

(A)(1) It is unlawful for a manufacturer, distributor, or wholesaler or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer, distributor, or wholesaler to: (a) own, operate, or control or to participate in the ownership, operation, or control of a new equipment dealer in this State; (b) establish in this State an additional dealer or dealership in which that person or entity has an interest; or (c) own, operate, or control, directly or indirectly, an interest in a dealer or dealership in this State. (2) This subsection does not prohibit the making of a loan by a manufacturer, distributor, or wholesaler to any person or entity for the purpose of acquiring a dealer or dealership, nor does it prohibit the ownership, operation, or control of a new equipment dealer by a manufacturer, distributor, or wholesaler: (a) for a temporary period, not to exceed three years, during the transition from one owner or operator to another; (b) if a prospective new equipment dealer is not available to own or operate the dealership within a particular geographic market area not serviced by an existing dealer and the manufacturer, distributor, or wholesaler contracts with or employs a third party to open or operate a dealership owned or controlled by the manufacturer, distributor, or wholesaler pursuant to a bona fide written agreement or plan giving a third party ownership of the new equipment dealer or dealership over time; (c) during the period the new equipment dealer is being sold pursuant to a bona fide contract, shareholder agreement, or purchase option to the operator of the dealership; or (d) if the manufacturer, distributor, or wholesaler is an owner, operator, or controller as of January 1, 2000, of a dealership that has been engaged in the retail sale of equipment within the same geographical market area for a continuous two-year period of time immediately before January 1, 2000, and a prospective new equipment dealer is not available to own or operate the dealership in a manner consistent with the public interest. (B) It is unlawful for a manufacturer, distributor, or wholesaler or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer, distributor, or wholesaler to compete unfairly with a new equipment dealer of the same product line or make of new equipment operating pursuant to a dealership agreement or sales agreement in this State. Except as otherwise provided in this section, the mere ownership, operation, or control of a new equipment dealer by a manufacturer, distributor, or wholesaler is not a violation of this section.
S.C. Code Ann. § 39-23-120 — SC Code / Title 39 / Chapter 23 / Section 39-23-120
SECTION 39-23-120. Minor violations of chapter.
Status: in_force

Nothing in this chapter shall be construed as requiring the Director of Health and Environmental Control to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice or warning.
S.C. Code Ann. § 39-8-90 — SC Code / Title 39 / Chapter 8 / Section 39-8-90
SECTION 39-8-90. Persons guilty of stealing trade secrets; criminal penalties.
Status: in_force

(A) A person, with intent to or reason to believe that it will injure an owner and benefit a person other than the owner, shall be fined not more than $100,000 or imprisoned not more than ten years, or both, if he: (1) steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains trade secrets; (2) wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys trade secrets; (3) receives, buys, or possesses trade secrets, knowing the trade secrets have been obtained by any means described in items (1) or (2); (4) attempts to commit any offense described in items (1) through (3); (5) wrongfully solicits another to commit any offense described in items (1) through (3); or (6) conspires with one or more other persons to commit any offense described in items (1) through (3), and where one of the conspirators performs an act to further the conspiracy. (B) In a prosecution for any violation of subsection (A) of this section the court must, pursuant to Section 39-8-100, preserve the secrecy of an alleged trade secret.
S.C. Code Ann. § 39-33-1590 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1590
SECTION 39-33-1590. Certain sections are cumulative.
Status: in_force

Sections 39-33-1510 and 39-33-1550 to 39-33-1580 shall be in addition to all other laws for the protection of owners of milk bottles, milk cans and milk bottle crates.
S.C. Code Ann. § 39-25-90 — SC Code / Title 39 / Chapter 25 / Section 39-25-90
SECTION 39-25-90. Definitions and standards adopted under Federal act.
Status: in_force

(a) Definitions and standards of identity, quality and fill of container and their amendments, now or hereafter adopted under authority of the Federal act are the definitions and standards of identity, quality and fill of container in this State. However, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, the Commissioner may promulgate regulations establishing definitions and standards of identity, quality and fill of container for foods where no Federal regulations exist. In addition, the Commissioner may promulgate amendments to any Federal or State regulations which set definitions and standards of identity, and may promulgate amendments to any Federal or State regulations which set standards of quality and fill of container for foods. (b) Temporary permits now or hereafter granted for interstate shipment of experimental packs of food varying from the requirements of Federal definitions and standards of identity are automatically effective in this State under the conditions provided in such permits. In addition, the Commissioner may issue additional permits where they are necessary to the completion or conclusiveness of an otherwise adequate investigation and where the interest of consumers is safeguarded. Such permits are subject to the terms and conditions the Commissioner may prescribe by regulation.
S.C. Code Ann. § 39-69-40 — SC Code / Title 39 / Chapter 69 / Section 39-69-40
SECTION 39-69-40. Molders' liens; written notice of lien; failure to pay amount due.
Status: in_force

(A) Molders have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer for the balance due them from the customer for any manufacturing or fabrication work, and in the value of all material related to the work. The molder may retain possession of the die, mold, form, or pattern until the charges are paid. (B) Before enforcing the lien, notice in writing must be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. This notice must state that a lien is claimed for the damages set forth in or attached to the writing for manufacturing or fabrication work contracted or performed for the customer. This notice also must include a demand for payment. (C) If the molder has not been paid the amount due within sixty days after the notice has been received by the customer as provided in subsection (B), the molder may sell the die, mold, form, or pattern at a public auction.
S.C. Code Ann. § 39-15-20 — SC Code / Title 39 / Chapter 15 / Article 1 / Section 39-15-20
SECTION 39-15-20. Fraud in sale of goods marked "sterling".
Status: in_force

A person who makes, sells, offers to sell or dispose of or has in his possession with intent to sell or dispose of any article of merchandise marked, stamped or branded with the words "sterling" or "sterling silver" or encased or enclosed in any box, package, cover, wrapper or other thing in or by which such article is packed, enclosed or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trademark indicating or denoting by such marking, stamping, branding, engraving or printing that such article is silver, sterling silver or solid silver, unless nine hundred and twenty-five one-thousandths of the component parts of the metal of which the article is manufactured are pure silver shall be guilty of a misdemeanor.
S.C. Code Ann. § 39-39-160 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-160
SECTION 39-39-160. Enforcement; promulgation of rules and regulations.
Status: in_force

The Commissioner of Agriculture is charged with the enforcement of this chapter and is authorized to promulgate regulations necessary to carry out its provisions and purposes. Effect of Amendment The 1994 amendment revised this section, substituting "chapter" for "article." The 2005 amendment reprinted this section with no apparent change.
S.C. Code Ann. § 39-20-30 — SC Code / Title 39 / Chapter 20 / Section 39-20-30
SECTION 39-20-30. Rental unit, lien; access to personal property.
Status: in_force

(A) The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent in relation to the personal property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this chapter is junior to any other liens or security interests which are perfected and recorded or liens by any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the occupant is considered in default. (B) When rent is seven or more calendar days past due the owner may deny the occupant access to the personal property located in the self-service storage facility. Effect of Amendment 2014 Act No. 136, SECTION 1, added subsection designator (A); in the first sentence of subsection (A), deleted "labor, or other charges" before "in relation to"; and added subsection (B).
S.C. Code Ann. § 39-14-40 — SC Code / Title 39 / Chapter 14 / Section 39-14-40
SECTION 39-14-40. Compensation; payment in installments.
Status: in_force

If a local governing body requires the removal of an off-premises outdoor advertising sign pursuant to the provisions of this chapter and through a voluntary agreement, arbitration, or a court proceeding is required to pay just compensation to a sign owner, the local governing body is authorized to elect to pay the amount due to the sign owner in regular mutually agreed upon installments over three years before the final removal of the sign.
S.C. Code Ann. § 39-5-890 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-890
SECTION 39-5-890. Appeal of order.
Status: in_force

An appeal of an order issued by the department must be made pursuant to the Administrative Procedures Act and the rules governing practice before the Administrative Law Court. A contested hearing pursuant to this article is before the Administrative Law Court, with notice to, and an opportunity for a hearing by, the affected provider.
S.C. Code Ann. § 39-6-20 — SC Code / Title 39 / Chapter 6 / Section 39-6-20
SECTION 39-6-20. Definitions.
Status: in_force

As used in this chapter, unless the text requires otherwise: (1) "Dealer" or "equipment dealer" means a person who sells or attempts to effect the sale of equipment, but not including a: (a) distributor or wholesaler; (b) receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to the judgment or order of a court; (c) public officer while performing his official duties; (d) person disposing of equipment acquired for his own use and used in good faith, not for the purpose of avoiding the law; (e) finance company or other financial institution that sells repossessed equipment; (f) single line dealer primarily engaged in the retail sale and service of off-road construction and earth-moving equipment. For these purposes, "single line dealer" is any individual, partnership, corporation, limited liability company, or other legal entity that has: (i) purchased seventy-five percent or more of its total new product inventory from a single supplier under all agreements with that supplier; and (ii) a total annual average sales volume in excess of forty-five million dollars for the preceding two years with that single supplier for the territory for which the individual, partnership, corporation, limited liability company, or other legal entity is responsible; or (g) a person or business who sells only component parts of equipment; (h) multi-line dealer primarily engaged in the retail sale and service of industry and outdoor power equipment. For these purposes, "multi-line dealer" is any individual, partnership, corporation, limited liability company, or other legal entity that has: (i) purchased less than fifty percent of its total new product inventory from a single supplier under all agreements with that supplier; and (ii) a total annual average sales volume in excess of fifty million dollars. (2) "Dealership" means the business of selling or attempting to effect the sale by a dealer of new equipment, or the right, whether by written or oral arrangement with a manufacturer, distributor, or wholesaler for a definite or indefinite period of time, to sell or attempt to effect the sale of new equipment. (3) "Dealership agreement" means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor, or wholesaler grants to an equipment dealer a license to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of equipment or services related to it at wholesale, retail, leasing, or otherwise. (4) "Distributor" means a person who sells or distributes new equipment to equipment dealers or who maintains distributor representatives within the State. (5) "Distributor branch" means a branch office maintained by a distributor that sells or distributes new equipment to equipment dealers. (6) "Distributor representative" means a representative employed by a distributor branch or distributor. (7) "Equipment" means machinery, implements, or mechanical devices or apparatuses used in farming, construction, or industry and any outdoor power equipment, but not including: (a) motor vehicles required to be registered pursuant to Section 56-3-110; (b) motorcycles as defined in Section 56-16-10; (c) outdoor power equipment whose primary source of power is a two-cycle or electric motor; (d) "all terrain vehicles" or "ATVs" that are three-and-four-wheeled motorized vehicles, generally characterized by large, low-pressure tires, a seat designed to be straddled by the operator and handlebars for steering, which are intended for off-road use by an individual rider on various types of nonpaved terrain; (e) cranes; or (f) pneumatic tires, tubes, and flaps and related products and components associated with tires, including tires used in farm, construction, industrial, outdoor power, mining, and other on-and-off road applications. (8) "Factory branch" means a branch office maintained by a manufacturer that makes or assembles equipment for sale to distributors or equipment dealers or that is maintained for directing and supervising the representatives of the manufacturer. (9) "Factory representative" means a representative employed by a manufacturer or by a factory branch for the purpose of selling or promoting the sale of equipment or for supervising, servicing, instructing, or contracting with equipment dealers or prospective equipment dealers. (10) "Fraud" means, in addition to its customary definitions: (a) a misrepresentation in any manner of a material fact, whether intentionally false or due to gross negligence; (b) a promise or representation made dishonestly and in bad faith; and (c) an intentional failure to disclose a material fact. (11) "Manufacturer" means a person engaged in the business of manufacturing or assembling new and unused equipment. (12) "New equipment" means equipment that has not been sold previously to a person other than a distributor or wholesaler or equipment dealer for resale. (13) "Person" means a natural person, corporation, partnership, trust, or other entity, including any other entity in which it has a majority interest or of which it has control, as well as the individual officers, directors, and other persons in active control of the activities of each entity. (14) "Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage, whether by transfer in trust or any other form, of any equipment or interest in it or of a dealership agreement or sales agreement related to it, and any option, subscription, or contract, or solicitation, looking to a sale, or offer or attempt to sell, whether spoken or written, or any other form. A gift or delivery of equipment or a dealership as a bonus on account of the sale of anything is a sale of the equipment or dealership. (15) "Wholesaler" or "equipment wholesaler" means a person who sells or attempts to effect the sale of new equipment exclusively to equipment dealers or to other wholesalers.
S.C. Code Ann. § 39-29-40 — SC Code / Title 39 / Chapter 29 / Section 39-29-40
SECTION 39-29-40. Corn meal and corn grits, labeling.
Status: in_force

It is unlawful for any person, except as hereinafter provided, to sell, offer for sale, or exchange for any services or goods in this State any cornmeal or corn grits which are not labeled as prescribed by the South Carolina Food and Cosmetic Act. The Commissioner may issue additional labeling requirements he considers in the consumer's interest. Effect of Amendment The 1987 amendment provided for the labeling of corn meal and corn grits as prescribed by the Food and Cosmetic Act, and provided that the Commissioner may issue additional labeling requirements.
S.C. Code Ann. § 39-22-130 — SC Code / Title 39 / Chapter 22 / Section 39-22-130
SECTION 39-22-130. Inspection of warehouses; inventory.
Status: in_force

Each warehouse must be inspected, the inventory taken, and the records checked at least once in every three months.
S.C. Code Ann. § 39-39-121 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-121
SECTION 39-39-121. Wholesaler and distributor licenses; grounds for suspension or revocation; transfer; exception.
Status: in_force

(A) A person may not engage in business as a wholesaler or as a distributor without first obtaining a license from the commissioner. A license issued pursuant to this article must not be suspended or revoked except for health and sanitation reasons or for violations of this article and until the affected licensee is provided with reasonable notice and an opportunity for hearing, pursuant to the South Carolina Administrative Procedures Act. Licenses issued pursuant to this article are valid until suspended or revoked and are not transferable with respect to persons or location. There is no fee for this license. (B) Shell egg handlers registered under the United States Department of Agriculture Egg Surveillance Inspection Program are exempt from the provisions of subsection (A) of this section.
S.C. Code Ann. § 39-41-350 — SC Code / Title 39 / Chapter 41 / Article 3 / Section 39-41-350
SECTION 39-41-350. Display of name of oil unless oil is for sale.
Status: in_force

It shall be unlawful for any person to display any sign, label or other designating mark which describes any lubricating oil for internal combustion engines of automobiles, autotrucks or tractors not actually on sale in bona fide quantities at the place of business where such sign, label or other designated mark is displayed.
S.C. Code Ann. § 39-15-500 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-500
SECTION 39-15-500. Taking or sending containers out of State without consent of owner.
Status: in_force

Any person who shall take or send out of the State or cause to be taken or sent out of the State any field box, crate, container or receptacle so registered or branded as provided in this article without the permission of the owner thereof shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars or by imprisonment of not more than one year or by both such fine and imprisonment in the discretion of the court.
S.C. Code Ann. § 39-1-90 — SC Code / Title 39 / Chapter 1 / Section 39-1-90
SECTION 39-1-90. Business data, breach of security; notifications, definitions, penalties, and exceptions.
Status: in_force

(A) A person conducting business in this State, and owning or licensing computerized data or other data that includes personal identifying information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of this State whose personal identifying information that was not rendered unusable through encryption, redaction, or other methods was, or is reasonably believed to have been, acquired by an unauthorized person when the illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the resident. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (C), or with measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (B) A person conducting business in this State and maintaining computerized data or other data that includes personal identifying information that the person does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person. (C) The notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it no longer compromises the investigation. (D) For purposes of this section: (1) "Breach of the security of the system" means unauthorized access to and acquisition of computerized data that was not rendered unusable through encryption, redaction, or other methods that compromises the security, confidentiality, or integrity of personal identifying information maintained by the person, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to a resident. Good faith acquisition of personal identifying information by an employee or agent of the person for the purposes of its business is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure. (2) "Person" has the same meaning as in Section 37-20-110(10). (3) "Personal identifying information" means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of this State, when the data elements are neither encrypted nor redacted: (a) social security number; (b) driver's license number or state identification card number issued instead of a driver's license; (c) financial account number, or credit card or debit card number in combination with any required security code, access code, or password that would permit access to a resident's financial account; or (d) other numbers or information which may be used to access a person's financial accounts or numbers or information issued by a governmental or regulatory entity that uniquely will identify an individual. The term does not include information that is lawfully obtained from publicly available information, or from federal, state, or local governmental records lawfully made available to the general public. (E) The notice required by this section may be provided by: (1) written notice; (2) electronic notice, if the person's primary method of communication with the individual is by electronic means or is consistent with the provisions regarding electronic records and signatures in Section 7001 of Title 15 U.S.C. and Chapter 6, Title 11 of the 1976 Code; (3) telephonic notice; or (4) substitute notice, if the person demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the person has insufficient contact information. Substitute notice consists of: (a) e-mail notice when the person has an e-mail address for the subject persons; (b) conspicuous posting of the notice on the web site page of the person, if the person maintains one; or (c) notification to major statewide media. (F) Notwithstanding subsection (E), a person that maintains its own notification procedures as part of an information security policy for the treatment of personal identifying information and is otherwise consistent with the timing requirements of this section is considered to be in compliance with the notification requirements of this section if the person notifies subject persons in accordance with its policies in the event of a breach of security of the system. (G) A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may: (1) institute a civil action to recover damages in case of a wilful and knowing violation; (2) institute a civil action that must be limited to actual damages resulting from a violation in case of a negligent violation of this section; (3) seek an injunction to enforce compliance; and (4) recover attorney's fees and court costs, if successful. (H) A person who knowingly and wilfully violates this section is subject to an administrative fine in the amount of one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the Department of Consumer Affairs. (I) This section does not apply to a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act. (J) A financial institution that is subject to and in compliance with the federal Interagency Guidance Response Programs for Unauthorized Access to Consumer Information and Customer Notice, issued March 7, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, as amended, is considered to be in compliance with this section. (K) If a business provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notice. Effect of Amendment The 2013 amendment rewrote subsection (D)(3), the definition of "Personal identifying information".
S.C. Code Ann. § 39-26-10 — SC Code / Title 39 / Chapter 26 / Section 39-26-10
SECTION 39-26-10. Short title.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. This chapter may be cited as the "South Carolina Produce Safety Act".
S.C. Code Ann. § 39-33-1260 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1260
SECTION 39-33-1260. Employment and licenses of weighmen and samplers.
Status: in_force

Every milk plant, creamery, shipping station or other factory or person or agent receiving, buying or paying for milk, cream or other dairy products on the basis of butterfat content, shall have in its employ at least one licensed weighman and sampler who shall supervise and be responsible for accurate weights and representative samples of all milk or cream received and paid for on the basis of weight and butterfat content. The license shall be issued by the Commissioner of Agriculture or his authorized agent upon receipt of a properly executed application form and upon the passing satisfactorily of an examination prescribed by the Commissioner. This license shall be valid for the term of one year and shall be revoked by the Commissioner upon evidence that the licensee has failed to comply with the rules and regulations under which the license was granted. Unless revoked this license shall be renewed annually upon application from the licensee.
S.C. Code Ann. § 39-16-50 — SC Code / Title 39 / Chapter 16 / Section 39-16-50
SECTION 39-16-50. Penalties.
Status: in_force

(a) An art merchant or person who sells a fine print in violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for its purchase price, with interest, at the legal rate, from the date of payment of the purchase price. (b) An art merchant or person who sells a fine print in wilful violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for an amount equal to three times the sum of the purchase price and interest, at the legal rate, from the date of payment of the purchase price.
S.C. Code Ann. § 39-73-370 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-370
SECTION 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.
Status: in_force

It is a defense in a complaint, information, indictment, a writ, or a proceeding brought under this chapter alleging a violation of Section 39-73-20 based solely on the failure in an individual case to make physical delivery within the applicable time under Section 39-73-10(5) or Section 39-73-40(A)(2) if: (1) failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, persons occupying a similar status or performing similar functions, persons who directly or indirectly control or are controlled by the seller, or the seller's affiliates, subsidiaries, or successors; or (2) physical delivery was completed within a reasonable time under the applicable circumstances. Effect of Amendment 2025 Act No. 67, SECTION 11, in (1), made a nonsubstantive change.
S.C. Code Ann. § 39-51-120 — SC Code / Title 39 / Chapter 51 / Section 39-51-120
SECTION 39-51-120. Penalties.
Status: in_force

Except where otherwise provided by this chapter, any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars or by imprisonment for thirty days, or both. For a second or subsequent violation such person shall be subject to imprisonment for not more than sixty days, or a fine of not more than two hundred dollars, or both.
S.C. Code Ann. § 39-6-160 — SC Code / Title 39 / Chapter 6 / Section 39-6-160
SECTION 39-6-160. Contract provision in violation of chapter.
Status: in_force

A provision of a contract or a practice pursuant to a contract in violation of this chapter is against public policy and unenforceable.
S.C. Code Ann. § 39-15-430 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-430
SECTION 39-15-430. Issuance of certificate; fees; admissibility of certificate as evidence.
Status: in_force

Such application for filing and recording shall be accompanied by a fee of two dollars and thereupon, if consistent with the provisions of this article, the Secretary of State shall issue to the person applying for registration and recordation of such mark or brand a certificate of such recordation and of the registered number assigned thereto and thereafter he shall issue such certificates, in any number, to any person applying therefor, upon the payment of a fee of one dollar for each certificate so issued. Any such certificate shall, in all proceedings in all the courts of this State, be taken and held as proof of the adoption and recordation of such identifying mark or brand.
S.C. Code Ann. § 39-17-150 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-150
SECTION 39-17-150. Penalties.
Status: in_force

Any person convicted of a misdemeanor under this article shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail for not more than thirty days or by both such fine and imprisonment, in the discretion of the court.
S.C. Code Ann. § 39-6-30 — SC Code / Title 39 / Chapter 6 / Section 39-6-30
SECTION 39-6-30. Persons subject to chapter; jurisdiction and service of process.
Status: in_force

A person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising of equipment for sale or has business dealings with respect to equipment within this State is subject to the provisions of this chapter and to the jurisdiction of the courts of this State upon service of process in accordance with the provisions of Chapter 9, Title 15.
S.C. Code Ann. § 39-25-210 — SC Code / Title 39 / Chapter 25 / Section 39-25-210
SECTION 39-25-210. Inspection; registration requirements; exceptions; annual renewal; civil and criminal penalties.
Status: in_force

(A) A person subject to inspection pursuant to this chapter may not engage in the business of manufacturing, processing, warehousing, or packaging food in any manner without first registering with the department. This section shall not apply to facilities inspected and regulated by the United States Department of Agriculture (USDA) or the Clemson Livestock-Poultry Health Meat Inspection Division. Registration is required beginning January 1, 2011, and must be renewed annually thereafter on or before the first day of January on forms provided by the department. (B) A person who wilfully violates the provisions of this section is subject to a civil penalty of up to one thousand dollars for each violation as determined by the department. Any person violating this section is also guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days.