S.C. Code Ann. § 39-11-180 — SC Code / Title 39 / Chapter 11 / Section 39-11-180
SECTION 39-11-180. Weighing leaf tobacco.
Status: in_force

All leaf tobacco offered for sale in a leaf tobacco warehouse shall be weighed by a public weighmaster or a deputy weighmaster acting under the public weighmaster's instructions, and shall be accompanied by a public weighmaster certificate. It shall remain in custody of the warehouse operator from and after the time it is weighed by the public weighmaster until it is sold or the bids are rejected by the owner thereof. The provisions of this section shall not be effective until July 1, 1968.
S.C. Code Ann. § 39-65-80 — SC Code / Title 39 / Chapter 65 / Section 39-65-80
SECTION 39-65-80. Restrictions on actions.
Status: in_force

Any person bringing an action under the provisions of this chapter may not bring an action under the provisions of Section 41-10-10.
S.C. Code Ann. § 39-41-190 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-190
SECTION 39-41-190. Penalties.
Status: in_force

A person who fails to comply with this article for which no other penalty is provided specifically, fails to comply with regulations authorized by Section 39-41-150, or hinders or obstructs the Commissioner of Agriculture or his authorized representative in the enforcement of this article is guilty of a misdemeanor and, upon conviction in a court of competent jurisdiction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days. Effect of Amendment The 1994 amendment substituted "must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days" for "shall be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned for not less than thirty days nor more than sixty days", and made minor wording changes throughout the remainder of the section.
S.C. Code Ann. § 39-33-1240 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1240
SECTION 39-33-1240. Hauler or receiver shall not manipulate weights or samples.
Status: in_force

It shall be unlawful for a hauler of milk, cream or other dairy products or any other person or agent, receiving such products by weight or butterfat content, fraudulently to manipulate the weight of milk, cream or other dairy products of any patron, to take an unfair sample thereof or fraudulently to manipulate such samples in any manner. In case weighing and sampling is done by a hauler, he shall hold a license for a weighman and sampler as set out in Section 39-33-1260.
S.C. Code Ann. § 39-17-120 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-120
SECTION 39-17-120. Appeals, classification of products.
Status: in_force

The owner or person in possession of any farm product classified in accordance with the provisions of this article may appeal from such classification under such rules and regulations as the division of markets may prescribe.
S.C. Code Ann. § 39-9-240 — SC Code / Title 39 / Chapter 9 / Section 39-9-240
SECTION 39-9-240. Metric Education Committee.
Status: in_force

A Metric Education Committee consisting of the Superintendent of the State Department of Education or his representative, the Chairman of the State Board for Technical and Comprehensive Education or his representative, and the Chairman of the State Commission on Higher Education or his representative shall develop and encourage implementation of a metric education plan within initial emphasis on the immediate requirements of the commercial and industrial community and a long-range plan of public education. Effect of Amendment The 1994 amendment deleted designators (1), (2), and (3), and inserted "State" preceding "Commission".
S.C. Code Ann. § 39-37-80 — SC Code / Title 39 / Chapter 37 / Section 39-37-80
SECTION 39-37-80. Issuance of license.
Status: in_force

The Department of Agriculture, if satisfied that the manufacturing plant or plants named in the application are maintained in accordance with the standards of sanitation prescribed in the rules and regulations promulgated under the authority of this chapter, shall issue, without cost to the applicant, a license for the manufacture of frozen desserts. No license shall be issued if any statement in the application is false or misleading or if the brand name or any label or advertisement of the frozen dessert involved in the application gives a false indication of origin, character, composition or name of manufacturer or is otherwise false or misleading in any particular.
S.C. Code Ann. § 39-65-10 — SC Code / Title 39 / Chapter 65 / Section 39-65-10
SECTION 39-65-10. Definitions.
Status: in_force

As used in this chapter: (1) "Commissions" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount of each order or sale. (2) "Person" means an individual, corporation, partnership, association, estate, or trust. (3) "Principal" means a person who: (a) manufactures, produces, imports, or distributes a tangible product for wholesale; (b) contracts with a sales representative to solicit orders for the product; and (c) compensates the sales representative, in whole or in part, by commission. (4) "Sales representative" means a person who: (a) contracts with a principal to solicit wholesale orders; (b) is compensated, in whole or in part, by commission; (c) does not place orders or purchase for his own account or for resale; and (d) does not sell or take orders for the sale of products to the ultimate consumer.
S.C. Code Ann. § 39-14-10 — SC Code / Title 39 / Chapter 14 / Section 39-14-10
SECTION 39-14-10. Citation of chapter.
Status: in_force

This chapter may be cited as the 'South Carolina Landowner and Advertising Protection and Property Valuation Act". Editor's Note 2006 Act No. 235, SECTION 1, provides as follows: "The General Assembly finds that it is the policy of this State to protect the rights of private property owners and to encourage local governing bodies, off-premises outdoor advertising sign owners, and landowners with signs on their property to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication. The General Assembly further finds that it is the policy of this State to promote arbitration as a means of settling disputes regarding the valuation of off-premises outdoor advertising signs instead of litigation."
S.C. Code Ann. § 39-27-40 — SC Code / Title 39 / Chapter 27 / Section 39-27-40
SECTION 39-27-40. Exemptions.
Status: in_force

The terms of this chapter shall not apply: (1) To flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except in so far as such a mill may manufacture toll wheat into flour and sell or offer for sale such flour, whereupon this chapter shall be applicable; (2) To farmers in exchanging their wheat for flour or having it ground into flour and disposing of it for their own use or the use of farm labor on their farms; (3) To flour sold to bakers or other commercial secondary processors, providing the purchaser furnishes to the seller an approved certificate of intent to use such flour solely in the production of enriched flour or enriched bread as herein defined or in the manufacture of legitimate products not covered by the provisions of this chapter; or (4) To flour or bread which is made from the entire wheat with no parts of the wheat removed from the mixture. Flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in Sections 39-27-10 and 39-27-30.
S.C. Code Ann. § 39-54-20 — SC Code / Title 39 / Chapter 54 / Section 39-54-20
SECTION 39-54-20. Definitions.
Status: in_force

As used in this chapter: (1) "Assistive technology device" or "device" means an item or piece of equipment or product system with a retail cost to a consumer of three hundred dollars or more that a consumer purchases or accepts transfer of in this State which is used to increase, maintain, or improve the functional capacities of an individual with a disability. "Assistive technology device" or "device" includes, but is not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters, and other mobility aids for moving, walking, standing, sitting, and positioning; telephone communication devices for the hearing impaired; augmentative communication devices; assistive listening devices, systems, and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance a sight impaired individual's ability to communicate; home, vehicle, and workplace modifications, prosthetics, and orthotics; and any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver. As used in this chapter, assistive technology device or devices do not include contact lenses, glasses, or dental prostheses. (2) "Assistive technology device dealer" means a person who is in the business of selling assistive technology devices. (3) "Assistive technology device lessor" means a person who leases an assistive technology device to a consumer or who holds the lessor's rights under a written lease. (4) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive technology device if not already provided for in the warranty. (5) "Consumer" means an individual or a public or private agency including, but not limited to, a school district: (a) who purchases an assistive technology device from an assistive technology device dealer or manufacturer for purposes other than resale; (b) to whom the assistive technology device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive technology device; (c) who may enforce the warranty; or (d) who leases an assistive technology device from an assistive technology device lessor under a written lease. "Consumer" also means the parent or guardian of a person who is a consumer under subitems (a) through (d). (6) "Demonstrator" means an assistive technology device used primarily for the purpose of demonstration to the public. (7) "Early termination cost" means an expense or obligation that an assistive technology device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to a manufacturer under Section 39-54-40(B)(2). "Early termination cost" includes a penalty for prepayment under a finance arrangement. (8) "Early termination savings" means an expense or obligation that an assistive technology device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to a manufacturer under Section 39-54-40(B)(2). "Early termination savings" includes an interest charge that the assistive technology device lessor would have paid to finance the assistive technology device or, if the assistive technology device lessor does not finance the assistive technology device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. (9) "Loaner" means an assistive device, provided free of charge to the consumer, for use by the consumer, while the original assistive technology device is being repaired, that need not be new, identical to, or have functional capabilities equal to or greater than those of the original assistive device, but that meets all of the following conditions: (a) The loaner is in good working order. (b) The loaner performs, at a minimum, the most essential functions of the original assistive device, in light of the disabilities of the consumer. (c) Any differences between the loaner and the original assistive device do not create a threat to the consumer's health or safety. (10) "Manufacturer" means a person and any agent of that person who manufactures or assembles assistive technology devices. "Manufacturer" includes an importer, a distributor, factory branch, distributor branch, and warrantor of the manufacturer's assistive technology devices, but does not include an assistive technology device, dealer, or assistive technology device lessor. As used in this chapter, manufacturer does not include a person licensed to provide healthcare services pursuant to Title 40, nor is any warranty made, either express or implied, as a seller, or otherwise, of products used in the delivery of healthcare services by persons licensed to provide healthcare services pursuant to Title 40. (11) "Nonconformity" means a condition or defect that substantially impairs the intended purpose or safety of an assistive technology device and that is covered by an express warranty applicable to the assistive technology device or to a component of the assistive technology device. "Nonconformity" does not include a condition or defect that is the result of a consumer's abuse, misuse, negligence, or unauthorized modification or alteration of the assistive technology device. Nonconformity also does not include a condition that can be resolved through routine fittings or a condition wherein the consumer undergoes physical change which renders the assistive technology device unsuitable for use by the consumer. (12) "Reasonable attempt to repair" means if within the term of an express warranty applicable to a new assistive technology device or within one year after first delivery of the assistive technology device to a consumer, whichever is sooner: (a) any nonconformity within the warranty that is subject to repair at least two times for any reason by the manufacturer, assistive technology device lessor, or any of the manufacturer's authorized assistive technology device dealers for continuous nonconformity of the product; or (b) the assistive technology device is out of service for an aggregate of at least thirty days because of warranty nonconformities.
S.C. Code Ann. § 39-15-30 — SC Code / Title 39 / Chapter 15 / Article 1 / Section 39-15-30
SECTION 39-15-30. Fraud in sale of goods marked "coin" or "coin silver".
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 "coin" or "coin silver" or enclosed in any box, package, cover, wrapper or other thing in or by which the 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 "coin" or "coin 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. § 39-59-10 — SC Code / Title 39 / Chapter 59 / Section 39-59-10
SECTION 39-59-10. Definitions.
Status: in_force

As used in this chapter: (1) "Current Model" means a model listed in the wholesaler's, manufacturer's, or distributor's sales manual or any supplements to the manuals. (2) "Current Net Price" means the price listed in the wholesaler's, manufacturer's, or distributor's current price list or catalog in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts. (3) "Retailer" means any person engaged in the business of selling and retailing farm implements, machinery, utility and industrial, and yard and garden equipment, attachments or repair parts. The term also includes any person engaged in such business, his heirs, personal representative, or his guardian or the major stockholder of the business. (4) "Inventory" means farm implements, machinery, utility and industrial, and yard and garden equipment, attachments, or repair parts. (5) "Net Cost" means the price the retailer paid for the merchandise to the wholesaler, manufacturer, or distributor, less all applicable discounts allowed, plus the freight costs from the wholesaler, manufacturer, or distributor location to the retailer's location plus reasonable cost to assemble or disassemble.
S.C. Code Ann. § 39-15-40 — SC Code / Title 39 / Chapter 15 / Article 1 / Section 39-15-40
SECTION 39-15-40. Penalties.
Status: in_force

Whoever violates any of the provisions of Section 39-15-20 or Section 39-15-30 shall, upon conviction, be subject to a fine not exceeding one hundred dollars for each offense or be imprisoned in the county jail for not more than thirty days.
S.C. Code Ann. § 39-57-30 — SC Code / Title 39 / Chapter 57 / Section 39-57-30
SECTION 39-57-30. Written disclosure document required of seller; contents of document.
Status: in_force

At least forty-eight hours prior to the time the purchaser signs a business opportunity contract, or at least forty-eight hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller shall provide the prospective purchaser a written document, the cover sheet of which is entitled in at least 10-point bold face capital letters "DISCLOSURES REQUIRED BY SOUTH CAROLINA LAW". Under this title shall appear the statement in at least 10-point type that "The State of South Carolina has not reviewed and does not approve, recommend, endorse or sponsor any business opportunity. The information contained in this disclosure has not been verified by the State. If you have any questions about this investment, see an attorney before you sign a contract or agreement." Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information: (1) The name of the seller, whether the seller is doing business as an individual, partnership, or corporation, the names under which the seller has done, is doing or intends to do business, and the name of any parent or affiliated company that will engage in business transactions with purchasers or who takes responsibility for statements made by the seller. (2) The names, addresses and titles of the seller's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the seller's business activities relating to the sale of business opportunities. (3) The length of time the seller has: (a) Sold business opportunities; (b) Sold business opportunities involving the product, equipment, supplies or services currently being offered to the purchaser. (4) A full and detailed description of the actual services that the business opportunity seller undertakes to perform for the purchaser. (5) A copy of a financial statement not older than thirteen months of the seller, updated to reflect any material changes in the seller's financial condition which shall either be an audited statement or shall be stated under penalty of perjury by the seller or his authorized agent. (6) If training of any type is promised by the seller, the disclosure statement must set forth a complete description of the training and the length of the training. If a fee is to be charged for such training, the seller shall set forth in detail an itemization of all costs to be covered by the fee. (7) If the seller promises services to be performed in connection with the placement of the equipment, product or supplies at various locations, the disclosure statement shall set forth the full nature of those services as well as the nature of the agreements to be made with the owners or managers of these locations where the purchaser's equipment, product or supplies will be placed. (8) If the business opportunity seller is required to secure a bond or establish a trust deposit pursuant to Section 39-57-40, the document shall state either: (a) "As required by South Carolina law, the seller has secured a bond issued by _ (name and address of surety company) __________ a surety company authorized to do business in this State. Before signing a contract to purchase this business opportunity, you should check with the surety company to determine the bond's current status." or (b) "As required by South Carolina law, the seller has established a trust account ___ (number of account) __________ with ___ (name and address __________ of bank or savings institution __________. Before signing a contract to purchase this business opportunity, you should check with the bank or savings institution to determine the current status of the trust account." (9) The following statement: "If the seller fails to deliver the product, equipment or supplies necessary to begin substantial operation of the business within forty-five days of the delivery date stated in your contract, you may notify the seller in writing and demand that the contract be cancelled." (10) If the seller makes any statement concerning sales or earnings, or range of sales or earnings that may be made through this business opportunity, the document must disclose: (a) The total number of purchasers of business opportunities involving the product, equipment, supplies or services being offered who to the seller's knowledge have actually received earnings in the amount or range specified, within three years prior to the date of the disclosure statement. (b) The total number of purchasers of business opportunities involving the product, equipment, supplies or services being offered within three years prior to the date of the disclosure statement.
S.C. Code Ann. § 39-53-120 — SC Code / Title 39 / Chapter 53 / Section 39-53-120
SECTION 39-53-120. Applications by nonresidents from states not having similar requirements.
Status: in_force

In the absence of such provision in another state the applicant shall furnish written evidence from the agency for blind in the state of origin, or from other sources acceptable to the Commission, a notarized statement or affidavit that the product to be sold is in fact blind-made and otherwise meets the requirements set forth in this chapter.
S.C. Code Ann. § 39-41-260 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-260
SECTION 39-41-260. Aboveground storage of flammable and combustible liquids.
Status: in_force

(A) The storage, handling, and use of flammable and combustible liquids shall comply with the applicable provisions of the National Fire Protection Association Pamphlet No. 30, 1987 Edition, and all referenced publications in this pamphlet and the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, and all referenced publications in this pamphlet except for the aboveground storage of flammable and combustible liquids at service stations as provided by this section. (B) A maximum of thirty thousand gallons aggregate capacity of flammable or combustible liquids, or both, may be stored aboveground at service stations. No single storage tank shall exceed twelve thousand gallons liquid capacity. Service stations with an aboveground storage tank in excess of twelve thousand gallons liquid capacity on June 12, 1990 are exempt from this section. (C) All aboveground storage tanks located at service stations must be enclosed by an eight-foot high industrial type chain link fence with barbed wire barricade with a minimum of two means of emergency access located at opposite ends of the enclosure. Each access must be at least thirty-six inches wide and must be locked at all times except when entering or exiting. There must be a minimum working distance of at least five feet between the tank and the fence. The area inside the fence and diked area must at all times be clear of trash, combustible storage, and vegetation. Existing service stations on the effective date of this provision with aboveground storage tanks that are enclosed with a fence constructed as referenced above are allowed to continue operating with the existing working distance between the tanks and the fence. (D) All aboveground storage tanks located at service stations with thirty thousand gallons aggregate storage capacity must be located a minimum of fifty feet from the nearest occupied building on the property, a minimum of fifty feet from a dispenser, a minimum of fifty feet from the nearest side of a public way, and a minimum of one hundred feet from a property line which is or can be built upon including the opposite side of a public way. All aboveground storage tanks located at service stations with twelve thousand gallons aggregate storage capacity must be located a minimum of thirty-seven feet from the nearest occupied building on the property, a minimum of thirty-seven feet from a dispenser, a minimum of thirty-seven feet from the nearest side of a public way, and a minimum of forty feet from a property line which is or can be built upon including the opposite side of a public way. Service stations with twelve thousand gallons aggregate storage capacity shall not have a storage tank in excess of four thousand gallons liquid capacity. (E) All service stations that have aboveground storage tanks that contain flammable or combustible liquids, or both, shall have a minimum of three hundred thousand dollars of public liability insurance. (F) Scaled plans for the renovation or construction of a service station that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the State Fire Marshal or his designee by registered receipt mail for approval before beginning construction. The State Fire Marshal or his designee shall approve or deny the plans within sixty calendar days or they are automatically considered approved. The plans must contain the following information: (1) site plan; (2) spill containment plan; (3) piping layout with valves and fitting details; (4) normal and emergency ventilation design; (5) tank capacity and design standard; (6) electrical plan; (7) tank and piping support details; (8) on site fire protection equipment; and (9) tank location with respect to other tanks and dike. (G) All feeder lines from aboveground tanks to dispensers located at service stations must be located underground and covered with a minimum of three feet of earth cover or eighteen inches of well tamped earth cover plus six inches of reinforced concrete or eight inches of asphaltic concrete. (H) Piping must be equipped with a fifty-two valve that cuts off the flow of liquid when the dispensing pump is not operating, as well as a quick shut-off device at the tank that will shut off the flow of product. (I) All horizontal tanks located at service stations must be installed on steel supports welded to the tank not to exceed six inches in height or placed on concrete support cradles, and all vertical tanks must be installed on gravel with a minimum of six inches reinforced concrete footing. Footing is to be larger than the diameter of the tank. (J) Two single portable tanks of six hundred sixty gallon capacity or less of Class II or Class III combustible liquid are allowed at service stations and are exempt from the requirements of this section. (K) All aboveground tanks located at service stations must be clearly labeled with appropriate placards as to the contents of volume and kept free of scale and painted. (L) A means must be provided to enable determination of liquid level in aboveground tanks located at service stations without requiring a person to climb atop the tank. Provisions must be made to either automatically shut off fuel delivery into the aboveground tank when the liquid level in the tank reaches ninety-five percent of capacity or to sound an audible alarm. This provision shall not apply to horizontal tanks of four thousand gallons or less and vertical tanks of two thousand gallons or less which must be filled with a hand held hose. (M) Regardless of whether a suction or submersible pump system is used, a listed emergency shut-off valve must be installed in accordance with Section 4-3.6 of the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, at each dispenser connected to an aboveground storage tank located at a service station. (N) Fill connections located at service stations for tank vehicle unloading operations must be located at least twenty-five feet from aboveground tanks, dispensers, building, and property lines. A check valve, gate valve, and quick connector or a dry break valve must be installed in the piping at a point where connection and disconnection is made for remote tank vehicle unloading. The devices must be protected from tampering and physical damage. Means must be provided to prevent or contain spillage during fuel delivery operations. This provision shall not apply to horizontal tanks of four thousand gallons or less, and vertical tanks of two thousand gallons or less. Fill connections at existing service stations on the effective date of this provision are exempt from the distance requirement referenced above. (O) Unattended service station installations in accordance with Section 8-5 of the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, are permitted only when the dispensing device is a card lock or key lock type dispenser. (P) Aboveground storage of flammable or combustible liquids at service stations is prohibited in municipalities with a population of twenty-five thousand persons or greater as determined by the most recent official United States Census, except as otherwise provided in subsection (J) of this section. Effect of Amendment The 1990 amendment rewrote this section.
S.C. Code Ann. § 39-11-100 — SC Code / Title 39 / Chapter 11 / Section 39-11-100
SECTION 39-11-100. Public weighmaster stamp.
Status: in_force

Each public weighmaster shall obtain a public weighmaster stamp for stamping weight or measure certificates. The public weighmaster stamp is the property of the State and must be forfeited and returned to the Department of Agriculture upon termination of the performance of the duties as public weighmaster. Each public weighmaster registered under this chapter shall obtain from the Commissioner of Agriculture the stamp as provided in this chapter and pay for the stamp at actual cost to the State. The Commissioner of Agriculture shall prescribe the form and design of the weighmaster stamp. Monies collected under this section must be deposited with the State Treasurer and expended for the purpose described in this section. All stamps issued to the public weighmasters must be paid for from this fund. Stamps returned to the Commissioner of Agriculture must be defaced and destroyed or otherwise disposed of by the Department of Agriculture. The public weighmaster stamp is a recognized authority of accuracy, and the stamp must be applied to all weight or measure certificates at the time of issuance, if requested by the customer to whom the certificate is issued. Effect of Amendment The 1989 amendment in the last paragraph added at the end, "if requested by the customer to whom the certificate is issued", and made grammatical changes throughout.
S.C. Code Ann. § 39-5-150 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-150
SECTION 39-5-150. Limitation of actions.
Status: in_force

No action may be brought under this article more than three years after discovery of the unlawful conduct which is the subject of the suit.
S.C. Code Ann. § 39-35-30 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-30
SECTION 39-35-30. Manufacture and sale of certain imitation butter or cheese prohibited.
Status: in_force

No person shall produce, manufacture, sell or keep or offer for sale any imitation butter or imitation cheese made or compounded in violation of this article, whether such imitation shall have been made or produced in this State or elsewhere.
S.C. Code Ann. § 39-6-80 — SC Code / Title 39 / Chapter 6 / Section 39-6-80
SECTION 39-6-80. Notice of intent to establish new dealership or relocate dealership; petition for injunction; factors considered; exceptions.
Status: in_force

(A) A manufacturer, distributor, or wholesaler who intends to establish a new dealer or dealership or to relocate a current dealer or dealership for a particular product line or make of new equipment within the geographic market area of an existing dealer of the same product line or make of new equipment shall give written notice of that intent by certified mail to the existing dealer. The notice must include the following information about the new or relocated dealer or ownership: (1) specific location; (2) date of commencement of operation at the new location; (3) identities of all existing dealers or dealerships located in its market area; and (4) names and addresses of the dealer and principals. (B) An existing dealer located in the geographic market area in which a manufacturer, distributor, or wholesaler intends to establish a new dealership or to relocate a current dealer may petition the court, within sixty days of the receipt of the notice, to enjoin or prohibit the establishment of the new or relocated dealer or dealership within the geographic market area of the existing dealer. The court may enjoin or prohibit the establishment of the new dealer or dealership or relocation of a current dealer within the geographic market area of the existing dealer if the dealer proves by a preponderance of the evidence that the existing dealer is providing adequate representation of the product line or make of new equipment in his geographic market area. In determining if the existing dealer is providing adequate representation and whether the new or relocated dealer or dealership is necessary, the court may consider, but is not limited to considering: (1) the impact the establishment of the new or relocated dealer or dealership will have on users of new equipment, the public, and the existing dealer, except that financial impact may be considered only with respect to the existing dealer; (2) the size and permanency of investment reasonably made and the reasonable obligations incurred by the existing dealer to perform its obligation pursuant to the dealership agreement or sales agreement; (3) the reasonably expected market penetration of the product line or make of equipment for the geographic market area, after consideration of all factors that may affect the penetration including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transactions, and other factors affecting sales of equipment in the geographic market area; (4) actions by the manufacturer, distributor, or wholesaler in denying its existing dealer of the same product line or make of equipment the opportunity for reasonable growth, market expansion, or relocation including the availability of equipment in keeping with reasonable expectations of the manufacturer, distributor, or wholesaler in providing an adequate number of dealerships in the geographic market area; (5) attempts by the manufacturer, distributor, or wholesaler to coerce the existing dealer into consenting to an additional or relocated dealer or dealership of the same product line or make of new equipment in the geographic market area; (6) distance, travel time, traffic patterns, and accessibility between the existing dealer's place of business for the same product line or make of new equipment and location of the proposed new or relocated dealer or dealership; (7) the likelihood of benefits to users of new equipment from the establishment or relocation of the dealer or dealership, which may not be obtained by other demographic changes or other expected changes in the geographic market area; (8) if the existing dealer is in substantial compliance with its dealership agreement or sales agreement; (9) if there is adequate interbrand and intrabrand competition with respect to the product line or make of new equipment, including the adequacy of sales and service facilities; (10) if the establishment or relocation of the proposed dealer or dealership appears to be warranted and justified based on economic and market conditions pertinent to dealers competing in the geographic market area including anticipated changes; and (11) the volume of registrations and service business transacted by the existing dealer in the geographic market area of the proposed dealer or dealership. (C) This section does not apply to: (1) the addition of a new dealership at a location that is within a three- mile radius of a former dealership of the same product line or make of new equipment that has been closed for less than two years; (2) the relocation of an existing dealer to a new location that is farther away from the protesting dealer's location than the relocated dealer's previous location; (3) the relocation of an existing dealer to a new location that is within a three-mile radius of the dealer's current location, when it has been at the current location at least ten years; or (4) a retailer whose outdoor power equipment sales represent less than ten percent of the retailer's gross sales in the United States.
S.C. Code Ann. § 39-5-130 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-130
SECTION 39-5-130. Duty of solicitors, county, and city attorneys.
Status: in_force

It shall be the duty of the solicitors of each judicial circuit and all county and city attorneys to lend to the Attorney General such assistance as the Attorney General may request in the commencement and prosecution of actions pursuant to this article, or any solicitor or county or city attorney with prior approval of the Attorney General may institute and prosecute actions hereunder in the same manner as provided for the Attorney General; provided, however, that if an action is prosecuted by a solicitor or county or city attorney alone, he shall make a full report thereon to the Attorney General, including the final disposition of the matter.
S.C. Code Ann. § 39-51-10 — SC Code / Title 39 / Chapter 51 / Section 39-51-10
SECTION 39-51-10. Short title.
Status: in_force

This chapter shall be known as the "South Carolina Antifreeze Law of 1975".
S.C. Code Ann. § 39-15-1145 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1145
SECTION 39-15-1145. Registration of mark, cancellation from register; conditions.
Status: in_force

The secretary shall cancel from the register, in whole or in part: (1) a registration concerning which the secretary receives a voluntary request for cancellation of it from the registrant or the assignee of record; (2) a registration granted under this article and not renewed in accordance with this article; (3) a registration concerning which a court of competent jurisdiction finds that the: (a) registered mark has been abandoned; (b) registrant is not the owner of the mark; (c) registration was granted improperly; (d) registration was obtained fraudulently; (e) mark is or has become the generic name for the goods or services or a portion of the goods or services for which it has been registered; (f) registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office before the date of the filing of the application for registration by the registrant under this article, and not abandoned; however, if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this State, the registration under this article may not be canceled for that area of the State; or (4) a registration when a court of competent jurisdiction orders cancellation of the registration on any ground.
S.C. Code Ann. § 39-22-40 — SC Code / Title 39 / Chapter 22 / Section 39-22-40
SECTION 39-22-40. Term "cotton" to refer to all nonperishable farm products.
Status: in_force

The provisions of this chapter referring to cotton also refer to all nonperishable farm products as defined by the Commissioner of Agriculture.
S.C. Code Ann. § 39-53-40 — SC Code / Title 39 / Chapter 53 / Section 39-53-40
SECTION 39-53-40. Commission for the Blind shall verify articles sold.
Status: in_force

The Commission for the Blind (Commission) shall verify that every article sold by any person meets the prescribed standards set forth herein and that such article be listed with the Commission.
S.C. Code Ann. § 39-15-1170 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1170
SECTION 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.
Status: in_force

(A) An owner of a mark registered under this article may bring an action to enjoin the manufacture, use, display, or sale of a counterfeit or imitation of the registered mark, and a court of competent jurisdiction may grant an injunction to restrain the manufacture, use, display, or sale as the court considers just and reasonable and may require a defendant to pay the owner profits derived from or damages suffered due to the wrongful manufacture, use, display, or sale or to pay both profits and damages. The court also may order that the counterfeit or imitation in the possession or under the control of a defendant be delivered to an officer of the court or to the complainant to be destroyed. The court in its discretion may enter judgment for an amount not to exceed three times the profits and damages or reasonable attorneys' fees of the prevailing party, or both, in cases where the court finds the other party committed the wrongful acts with knowledge or in bad faith or otherwise according to the circumstances of the case. (B) The enumeration of a right or remedy in this article does not affect a registrant's right to prosecute under any penal law of this State.
S.C. Code Ann. § 39-11-10 — SC Code / Title 39 / Chapter 11 / Section 39-11-10
SECTION 39-11-10. Administration of chapter.
Status: in_force

The provisions of this chapter shall be administered by the Commissioner of Agriculture or his duly authorized agents.
S.C. Code Ann. § 39-75-40 — SC Code / Title 39 / Chapter 75 / Article 1 / Section 39-75-40
SECTION 39-75-40. Applicability of chapter.
Status: in_force

This chapter does not apply to regrooved or regroovable tires intended solely for export outside the United States, which tires must be labeled or tagged for export; nor does it apply to tires intended solely for agricultural use or for off the road industrial use.
S.C. Code Ann. § 39-17-50 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-50
SECTION 39-17-50. Establishment of standards of receptacles, grades and labels; use of federal standards where applicable.
Status: in_force

After investigation and from time to time as may be practicable and advisable, the division of markets of the extension service may establish and promulgate standards of open and closed receptacles for farm products and standards for the grade and other classification of such products by which their quantity, quality and value may be determined and may prescribe and promulgate rules and regulations governing the marks, brands and labels which may be required for receptacles for farm products for the purpose of showing the name and address of the producer or packer and the quantity, nature and quality of the product, or any of them, and for the purpose of preventing deception in reference thereto and establishing a State brand for any farm product produced in the State. Any standard for any farm product or receptacle therefor or any requirement for marketing receptacles for farm products established under authority of the Congress of the United States shall forthwith, as far as applicable, be established or prescribed and promulgated as the official standard of requirement in this State. No standard established or requirement for marketing prescribed under this article shall become effective until the expiration of thirty days after it shall have been promulgated.
S.C. Code Ann. § 39-57-50 — SC Code / Title 39 / Chapter 57 / Section 39-57-50
SECTION 39-57-50. Registration and filing information with Secretary of State; penalty for failure to file.
Status: in_force

(A) The seller of every business opportunity shall file with the Secretary of State a copy of the disclosure statement required by Section 39-57-30 before placing an advertisement or making other representations to prospective purchasers in this State and shall update this filing as a material change in the required information occurs, but no less than biennially. If the seller is required by Section 39-57-40 to provide a bond or establish a trust account, he contemporaneously shall file with the Secretary of State a copy of the bond or a copy of the formal notification by the depository that the trust account is established. The Secretary of State shall charge a nonrefundable filing fee of one hundred dollars for processing and maintaining the information filed by the seller. (B) The Secretary of State shall maintain a record of all sellers registering under this chapter and shall assign a registration number to each. The seller must be advised in writing of the assigned registration number, and advertisements, pamphlets, or brochures used in the promotion of the business opportunity by the seller must include the assigned registration number in the following manner: "S.S. Reg. No. __________." (C) A person who fails to file is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day a person fails to file constitutes a separate offense. Effect of Amendment The 1988 amendment made grammatical changes and in subsection (a) added the last sentence relating to a nonrefundable filing fee. The 1992 amendment changed the filing period from annual to biennial and changed the filing fee from $50 to $100.
S.C. Code Ann. § 39-25-100 — SC Code / Title 39 / Chapter 25 / Section 39-25-100
SECTION 39-25-100. Food deemed adulterated.
Status: in_force

A food shall be deemed to be adulterated - (a)(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) (A) if it bears or contains any added poisonous or added deleterious substance, other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive, which is unsafe within the meaning of Section 39-25-130(a); or (B) if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal act as amended or Section 39-25-130(a); (C) if it is or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal act as amended or Section 39-25-130(a); provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under Section 408 of the Federal act or Section 39-25-130(a), and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall notwithstanding the provisions of Section 39-25-130 and clause (c) of this section, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity; or (3) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; (7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 39-25-130 or Section 409 of the Federal act. (b)(1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is. (c) If it is confectionery, and - (1) Has partially or completely imbedded therein any nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive object if, in the judgment of the Commissioner as provided by regulations, such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health. (2) Bears or contains any alcohol other than alcohol not in excess of one half of one per centum by volume derived solely from the use of flavoring extracts; or (3) Bears or contains any nonnutritive substance; provided, that this clause shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storing of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this chapter; and provided further, that the Commissioner may, for the purpose of avoiding or resolving uncertainty as to the application of this clause, issue regulations allowing or prohibiting the use of particular nonnutritive substances. (d) If it is or bears or contains any color additive which is unsafe within the meaning of the Federal act or Section 39-25-130(a).
S.C. Code Ann. § 39-41-170 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-170
SECTION 39-41-170. Penalties for selling petroleum product without a label.
Status: in_force

If any person shall sell or offer for sale any petroleum product used for illuminating, heating or power purposes, before first having it labeled and tagged as required by the regulations adopted by the Commissioner of Agriculture, he shall be guilty of a misdemeanor and, on conviction, be fined not exceeding three hundred dollars and such oils and fluids shall be forfeited and sold and the proceeds thereof shall go to the common school fund of the State.
S.C. Code Ann. § 39-23-30 — SC Code / Title 39 / Chapter 23 / Section 39-23-30
SECTION 39-23-30. Drug or device deemed adulterated.
Status: in_force

A drug or device shall be deemed to be adulterated: (a)(1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2)(A) if it has been prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health or (B) if it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of the Federal Food, Drug, and Cosmetic Act, as amended, as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess; or (3) if it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if (A) it is a drug which bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of Section 706(a) of the Federal Food, Drug, and Cosmetic Act, as amended, (B) it is a color additive the intended use of which in or on drugs is for purposes of coloring only and is unsafe within the meaning of Section 706(a) of the Federal Food, Drug, and Cosmetic Act, as amended; or (5) if it is a new animal drug which is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended; or (6) if it is an animal feed bearing or containing a new animal drug, and such animal feed is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended. (b) If it purports or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from or its quality or purity falls below the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, except that whenever tests or methods of assay have not been prescribed in such compendium, or those prescribed under authority of the Federal act, or such tests or methods of assay as are prescribed are, in the judgment of the Director of Health and Environmental Control, insufficient for the making of such determination, the Director shall bring such fact to the attention of the appropriate body charged with the revision of such compendium, and if such body fails within a reasonable time to prescribe tests or methods of assay, which, in the judgment of the Director, are sufficient for purposes of this paragraph, then the Director shall promulgate regulations prescribing appropriate tests or methods of assay in accordance with which such determination as to strength, quality, or purity shall be made. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standards is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia. (c) If it is not subject to the provisions of paragraph (b) of this section, and its strength differs from, or its purity or quality falls below that which it purports or is represented to possess. (d) If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality of strength or (2) substituted wholly or in part therefor.
S.C. Code Ann. § 39-41-220 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-220
SECTION 39-41-220. Inspection of alcohol sold as motor fuel or sold for purpose of producing motor fuel.
Status: in_force

Ethyl, methyl, and any other alcohol sold or offered for sale as motor fuel or to be blended with gasoline for the purpose of producing motor fuel are subject to inspection, sampling, and testing by the Department of Agriculture. Gasohol is defined as a blend of gasoline and at least ten percent ethyl alcohol. The department may limit the total oxygenates in the motor fuel blends consistent with industry practices and acceptable consumer motoring performance. Effect of Amendment The 1987 amendment expanded the section to include all types of alcohol, and gave department authority to limit total oxygenates in motor fuel blends.
S.C. Code Ann. § 39-37-40 — SC Code / Title 39 / Chapter 37 / Section 39-37-40
SECTION 39-37-40. False labels and misrepresentation; offer for sale of frozen desserts in compartment containing other articles.
Status: in_force

No person shall: (1) Sell, offer for sale or advertise for sale any frozen dessert if the brand name of the frozen dessert, the label upon it or the advertising accompanying it shall give a false indication of origin, character, composition or name of manufacturer or is otherwise false or misleading in any particular; (2) Misrepresent in any manner the name of the manufacturer of frozen desserts; (3) Unless he is the owner, remove, erase, obliterate, cover or conceal the owner's name or any distinguishing mark or device which may appear to be placed on any cabinet, can, container or other equipment; or (4) Offer for sale frozen desserts from any container, compartment, or cabinet which contains any other article.
S.C. Code Ann. § 39-11-30 — SC Code / Title 39 / Chapter 11 / Section 39-11-30
SECTION 39-11-30. Registration of weighmasters.
Status: in_force

Each public weighmaster shall pay a registration fee of five dollars to the Department of Agriculture for the privilege of operating in the locality of his principal place of business. All employees designated by a registered and approved public weighmaster also are covered under the provisions of this chapter. Effect of Amendment The 2010 amendment rewrote this section.
S.C. Code Ann. § 39-35-240 — SC Code / Title 39 / Chapter 35 / Article 3 / Section 39-35-240
SECTION 39-35-240. Enforcement.
Status: in_force

The State Department of Agriculture shall enforce this article. The Department may, for the purpose of enforcing this article, enter upon the premises of any manufacturer, processor, refiner or person engaged as a retail or wholesale dealer in oleomargarine for the purpose of making such investigations as may be necessary to properly enforce this article.
S.C. Code Ann. § 39-9-190 — SC Code / Title 39 / Chapter 9 / Section 39-9-190
SECTION 39-9-190. Sale of leaf tobacco; weights and measures in auction warehouse.
Status: in_force

When leaf tobacco is placed on the floor of a leaf tobacco warehouse in a line or row according to custom in the warehouse preceding the actual sale, this act on the part of a person, firm, or corporation must be construed as offering the tobacco for sale, and the tobacco is offered for sale. (1) No basket, sheet, or container may be used in a tobacco auction warehouse which deviates from the established average weight by a weight in excess of one pound over or under. The average weight must be established by weighing one hundred baskets, sheets, or containers picked at random, and this weight must be divided by one hundred. The average weight must be posted on the scale or scale house in a plain and conspicuous place. Each basket, sheet, or container in the warehouse which does not conform to this requirement must be removed from the premises or destroyed by the operators of the warehouse. Each warehouse must be equipped with a metal test weight which must be equal in weight to the established and posted weight of the basket, sheet, or container. The test weight must be used by the weighmaster in making allowance for the basket, sheet, or container when setting total tare on tare beam of scale to protect himself in the issuing of weight certificates provided for in Chapter 11 of this title. (2) Warehouse trucks must be of the same weight, and weight needed to bring about this result must be attached permanently by a bolt. The weight must be painted, stenciled, or otherwise conspicuously marked on each truck and also must be posted on the scale or scale house. (3) If the "even pound" system is used in the buying and selling of tobacco on the warehouse floor, the nearest "even pound" on indicator, dial, or beam must be used. (4) A tolerance not exceeding two pounds on each basket, sheet, or container of tobacco weighing not more than one hundred fifty pounds and a tolerance of four pounds on each basket, sheet, or container of tobacco weighing more than one hundred fifty pounds must be considered a reasonable variation in weight. The variation is allowable only when supported by the facts in each case and applicable to each individual basket, sheet, or container of tobacco. Allowance must not be made for variations in weight on baskets, sheets, or containers erroneously weighed or illegally packed. (5) A buyer of leaf tobacco at auction who makes a claim for an adjusted settlement with a warehouse, based on reweighing done by a licensed weighmaster, shall present his claim in writing to the warehouseman within twenty-four hours after the purchase of the tobacco. A warehouseman may require of the buyer that a claim for an adjusted settlement must be based upon reweights established by the weighmaster who originally weighed the tobacco on scales of tested accuracy. Effect of Amendment The 1994 amendment deleted "the Public Weighmasters Act" from the end of paragraph (1), and made grammatical changes throughout.
S.C. Code Ann. § 39-53-180 — SC Code / Title 39 / Chapter 53 / Section 39-53-180
SECTION 39-53-180. Penalties.
Status: in_force

Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one hundred dollars or by imprisonment for a term not to exceed thirty days.
S.C. Code Ann. § 39-75-120 — SC Code / Title 39 / Chapter 75 / Article 3 / Section 39-75-120
SECTION 39-75-120. Waste tire facilities; manifests.
Status: in_force

(A) A waste tire generator or a waste tire facility that transfers or receives waste tires from a waste hauler that was transported with a manifest pursuant to this article shall maintain copies of the manifest or manifest information in a format required by the department, and any other information the department deems necessary to track the flow of waste tires through the State, for each load of waste tires transferred or received. This information must be retained for a period of three years and must be made available to the department for review at the department's request. The copy submitted to the department shall contain the approval of each transporter and the generator or facility operator. (B) Each waste tire generator or facility that transfers waste tires to a waste tire hauler or that receives waste tires from a waste tire hauler that were transported with a manifest pursuant to this section shall check that the information on the manifest or in the manifest information recorded by the waste tire hauler is correct at the time of transfer in a manner required by the department.
S.C. Code Ann. § 39-16-10 — SC Code / Title 39 / Chapter 16 / Section 39-16-10
SECTION 39-16-10. Definitions.
Status: in_force

As used in this chapter: (a) "Artist" means any person who conceived or created: (1) the master image for a fine print; or (2) the master image which served as the model for a fine print. (b) "Fine print" means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph. (c) "Reproduction" means a copy of an original print made by a commercial mechanical process which does not require the use of a plate. (d) "Art merchant" means a person who: (1) deals in fine prints to which this article is applicable; or (2) by his occupation holds himself out as having knowledge or skill peculiar to such works; or (3) to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or (4) is a professional auctioneer who holds himself out as having knowledge or skill peculiar to fine prints to which this article is applicable and who sells these works at public auctions. (e) "Person" means an individual, auctioneer, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in Section 39-16-10(d). (f) "Plate" means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken. (g) "Print" means a fine print. (h) "Signed print" means a fine print autographed by the artist, whether it was signed or unsigned in the plate. Effect of Amendment The 1988 amendment in item (d), subitem (4) added the language relating to holding himself out as having knowledge or skill, and in item (e) added "auctioneer".
S.C. Code Ann. § 39-73-350 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-350
SECTION 39-73-350. Applicability of sections 39-73-20, 39-73-50, and 39-73-60 to persons who sell, buy, or offer to sell or buy commodities in state.
Status: in_force

(A) Sections 39-73-20, 39-73-50, and 39-73-60 apply to persons who: (1) sell or offer to sell when an offer to: (a) sell is made in this State; or (b) buy is made and accepted in this State; (2) buy or offer to buy when an offer to: (a) buy is made in this State; or (b) sell is made and accepted in this State. (B) For the purpose of this section, an offer to sell or buy is made in this State, whether or not either party is then present in this State, when the offer: (1) originates from this State; or (2) is directed by the offeror to this State and received at the place to which it is directed, or at a post office in this State for a mailed offer. (C) For the purpose of this section, an offer to buy or sell is accepted in this State when acceptance: (1) is communicated to the offeror in this State; (2) previously has not been communicated to the offeror, orally or in writing, outside this State, and acceptance is communicated to the offeror in this State, whether or not either party is then present in this State, when the offeree directs it to the offeror in this State, reasonably believing the offeror to be in this State and it is received at the place to which it is directed or at a post office in this State for a mailed acceptance. (D) An offer to sell or to buy is not made in this State when: (1) the publisher circulates or there is circulated on his behalf in this State a bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this State or which is published in this State but has had more than two-thirds of its circulation outside this State during the past twelve months; and (2) a radio or television program or other electronic communication originating outside this State is received in this State. A radio or television program, or other electronic communication, is considered as having originated in this State if either the broadcast studio or the originating source of transmission is located in this State, unless: (a) the program or communication is syndicated and distributed from outside this State for redistribution to the general public in this State; (b) the program or communication is supplied by a radio, television, or other electronic network with the electronic signal originating from outside this State for redistribution to the general public in this State; (c) the program or communication is an electronic communication that originates outside this State and is captured for redistribution to the general public in this State by a community antenna or cable, radio, cable television, or other electronic system; or (d) the program or communication consists of an electronic communication that originates in this State, but which is not intended for distribution to the general public in this State. Effect of Amendment 2025 Act No. 67, SECTION 9, rewrote (D).
S.C. Code Ann. § 39-6-130 — SC Code / Title 39 / Chapter 6 / Section 39-6-130
SECTION 39-6-130. Termination of dealership.
Status: in_force

It is unlawful for the manufacturer, wholesaler, distributor, distributor branch or division, factory branch or division, or wholesale branch or division without due cause to fail to renew or to terminate a dealership agreement.
S.C. Code Ann. § 39-41-330 — SC Code / Title 39 / Chapter 41 / Article 3 / Section 39-41-330
SECTION 39-41-330. Sale of oil specially designated from container not containing trademark or trade name.
Status: in_force

It shall be unlawful for any person to fill any order from a consumer for a lubricating oil for internal combustion engines of automobiles, autotrucks or tractors that is designated by a trademark or distinctive trade name unless, at the time of sale, the oil is poured, drawn or taken for delivery from a can, drum or other container or bottle rack marked in such a manner as to be legible and clearly visible to the purchaser with the trademark or distinctive trade name by which the oil is designated.
S.C. Code Ann. § 39-53-90 — SC Code / Title 39 / Chapter 53 / Section 39-53-90
SECTION 39-53-90. Blind-made products must be labeled.
Status: in_force

Any blind craftsman or any person registered with the Commission who is engaged in the manufacture or distribution of blind-made products shall be required to imprint or otherwise affix labels thereto containing the words "made or manufactured by a blind workman," or similar words, to which shall be added the name of the manufacturer, the place of manufacture and such other information as the Commission may prescribe. No blind-made products shall be sold unless the product is identified by such label or imprint. Any person may request in writing for a hearing before the Commission.
S.C. Code Ann. § 39-9-110 — SC Code / Title 39 / Chapter 9 / Section 39-9-110
SECTION 39-9-110. Selling less or taking more than quantity represented prohibited.
Status: in_force

No person may: (1) sell, offer, or expose for sale less than the quantity represented; (2) take more than the represented quantity when, as buyer, he furnishes the weight or measure by means of which the quantity is determined; or (3) represent the quantity in a manner calculated or tending to mislead or deceive another person. Effect of Amendment The 1994 amendment added the paragraph designators (1) and (2), and added paragraph (3).
S.C. Code Ann. § 39-20-40 — SC Code / Title 39 / Chapter 20 / Section 39-20-40
SECTION 39-20-40. Rental agreement.
Status: in_force

If an owner complies with the requirements of this code section and Section 39-20-45, he may enforce the lien without judicial intervention. An owner shall obtain from the occupant a written rental agreement and a copy of the completed agreement shall be given to the occupant upon execution. The rental agreement must include the following language with bold type where indicated: "This agreement, made and entered into this ___ day of__________, 20___, by and between __________, the owner and __________, the occupant, whose last known address is __________. YOU HAVE THE RIGHT TO CHOOSE WHETHER YOU WANT TO RECEIVE ANY NOTICE OF DEFAULT BY MAIL OR ELECTRONIC MAIL. WHEN CHOOSING ELECTRONIC MAIL, YOU WAIVE ANY RIGHT TO RECEIVE NOTICE OF DEFAULT PROCEEDINGS THROUGH PERSONAL SERVICE OR MAIL. TO CHOOSE NOTICE BY MAIL TO THE ADDRESS WRITTEN ABOVE, SIGN HERE: _________ (Occupant signs on this line to receive notice by mail.) TO CHOOSE NOTICE BY ELECTRONIC MAIL, SIGN HERE AND PRINT YOUR ELECTRONIC MAIL ADDRESS: ________(Occupant signs on this line to receive notice by electronic mail.) ________ (If Occupant selects to receive notice by electronic mail, on this line Occupant must print the electronic mail address for Owner to use in sending notice.) CHANGES TO YOUR PREFERRED METHOD OF RECEIVING NOTICE MUST BE SUBMITTED IN WRITING AND SENT BY FIRST CLASS MAIL OR HAND DELIVERED TO THE OWNER. For the consideration provided for in this agreement, the owner agrees to let the occupant use and occupy a space in the self-service storage facility, known as __________, located in the City of __________, State of South Carolina, and more particularly described as follows: Space #___. The space is to be occupied and used for the purposes specified in this agreement and subject to the conditions set forth beginning on the ___ day of __________, 20___, and continuing month to month until terminated. "Space", as used in this agreement, means that part of the self-service storage facility as described above. The occupant agrees to pay the owner, as payment for the use of the space and improvements on the space, the monthly sum of $__________. Monthly installments are payable in advance on or before _____day of each month, in the amount of $__________, and a like amount of each month after that, until the termination of this agreement. When rent is seven calendar days past due, or if any check given in payment is dishonored, occupant is considered to be in default and the owner may deny access to the personal property located in the self-storage facility. THIS IS THE OCCUPANT'S NOTICE THAT OCCUPANT MAY BE DENIED ACCESS UPON DEFAULT. The space named in this agreement is to be used by the occupant solely for the purpose of storing any personal property belonging to the occupant. The occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The occupant agrees that the property will not be used for any unlawful purposes and the occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement. UPON DEFAULT BY THE OCCUPANT THE OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTY-DAY PERIOD AFTER DEFAULT. IF ANY RENT IS SEVEN CALENDAR DAYS PAST DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of owner's lien: "personal property" means movable property, not affixed to land and includes, but is not limited to, goods, merchandise, and household items; "last known address" means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. The owner's lien attaches as of the date the occupant is considered in default. OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE CASUALTY LOSS. IT IS THE OCCUPANT'S RESPONSIBILITY TO PROVIDE SUCH INSURANCE." Effect of Amendment 2014 Act No. 136, SECTION 1, rewrote the section.
S.C. Code Ann. § 39-73-315 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-315
SECTION 39-73-315. Action by administrator to prevent violation or imminent violation.
Status: in_force

(A) If the administrator determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a—rule adopted or order issued under this chapter, then the administrator may: (1) issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this chapter; (2) issue an order imposing a civil penalty of not more than ten thousand dollars for a single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or (3) initiate the actions specified in Section 39-73-320. (B) An order issued pursuant to subsection (A) is effective on the date of issuance. Upon issuance of the order, the administrator shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement of any civil penalty or costs of investigation the administrator will seek, a statement of the reasons for the order, and notice that, within thirty days after receipt of a request in a record from the person, the matter will be scheduled for a hearing. If a person subject to the order does not request a hearing and none is ordered by the administrator within thirty days after the date of service of the order, then the order, which may include a civil penalty or any costs of the investigation if a civil penalty or costs were sought, becomes final as to that person by operation of law. If a hearing is requested or ordered, then the administrator, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until final determination. (C) If a hearing is requested or ordered pursuant to subsection (B), then a hearing must be held. A final order may not be issued unless the administrator makes findings of fact and conclusions of law in a record. The final order may make final, vacate, or modify the order issued under subsection (A). (D) In a final order under subsection (C), the administrator may impose a civil penalty in an amount not to exceed ten thousand dollars for each violation. (E) In a final order, the administrator may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter. (F) If a petition for judicial review of a final order is not filed in accordance with this chapter, then the administrator may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court. (G) If a person does not comply with an order under this section, then the administrator may petition a court of competent jurisdiction to enforce the order. The court may not require the administrator to post a bond in an action or proceeding under this section. If the court finds, after service and opportunity for hearing, that the person was not in compliance with the order, then the court may adjudge the person in civil contempt of the order. The court may impose a further civil penalty against the person for contempt in an amount not less than five hundred dollars but not greater than five thousand dollars for each violation and may grant any other relief the court determines is just and proper in the circumstances. (H) All orders issued under this section are public documents subject to the Freedom of Information Act and must be published on the Attorney General's website searchable by the name of the parties involved. Effect of Amendment The 1994 amendment deleted provisions containing references to incorrect sections. 2025 Act No. 67, SECTION 4, rewrote the section.
S.C. Code Ann. § 39-37-110 — SC Code / Title 39 / Chapter 37 / Section 39-37-110
SECTION 39-37-110. Exemptions.
Status: in_force

Nothing contained in this chapter shall be construed to apply to ice cream and similar frozen products manufactured and sold by social, fraternal, charitable, educational, religious or beneficent organizations, nor to a farmer making and selling from the products of his farm ice cream, custard ice cream, ice milk, French ice cream, French custard, frozen custard or sherbet if the standards of purity and quality prescribed by this chapter are maintained in all such cases.
S.C. Code Ann. § 39-31-40 — SC Code / Title 39 / Chapter 31 / Section 39-31-40
SECTION 39-31-40. Vitamins required to be in bulk rice after rinsing; rinsing test.
Status: in_force

Each pound of bulk rice shall contain after rinsing at least eighty-five per cent of the thiamine, niacin and iron required in Section 39-31-20. Rinsing for the purposes of enforcement shall be as follows: Transfer one hundred grams of the milled rice to a two-liter Erlenmeyer flask containing one liter of water at twenty-five degrees centigrade. Stopper the flask and rotate it for exactly one-half minute so that the kernels are kept in motion. Allow the kernels to settle for one-half minute, then pour off eight hundred and fifty milliliters of the water along with any floating or suspended matter. Enrichment ingredients are then determined on the wet rice and water remaining in the flask and are calculated on the basis of the rice before washing.
S.C. Code Ann. § 39-33-1530 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1530
SECTION 39-33-1530. Possession of milk can without consent is presumptive evidence of unlawful trafficking.
Status: in_force

The fact that any person, without the consent of the owner, dealer or shipper thereof, either uses, sells, disposes of, buys, traffics in or has in his possession or under his control any such milk or cream can shall be presumptive evidence of the unlawful use, sale, purchase of or traffic in such can.
S.C. Code Ann. § 39-15-1175 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1175
SECTION 39-15-1175. Action for cancellation of registered mark or appeal from refusal to register; process in action against nonresident.
Status: in_force

(A) An action to require cancellation of a mark registered pursuant to this article or an appeal from a refusal of the secretary to register a mark pursuant to this article must be brought in the circuit court. In an appeal the proceeding must be based solely upon the record before the secretary. In an action for cancellation the secretary may not be made a party to the proceeding but must be notified of the filing of the complaint by the clerk of the court in the county in which it is filed and must be given the right to intervene in the action. (B) In an action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under the Rules of Civil Procedure.
S.C. Code Ann. § 39-31-70 — SC Code / Title 39 / Chapter 31 / Section 39-31-70
SECTION 39-31-70. Exemptions.
Status: in_force

This chapter does not apply to the delivery by a miller to a rice producer of rice or bulk rice milled by the miller from the producer's rice for use in the producer's own home when the miller is paid in rice or bulk rice for the milling service. However, if the producer desires the health benefits for his family and requests enrichment, the miller shall enrich according to the standards mentioned in this chapter. This chapter does not apply to the sale of rice or bulk rice if the purchaser furnishes to the seller a certificate, in a form the commissioner by regulation prescribes, certifying that he will use the rice or bulk rice solely in the production of rice or bulk rice enriched as required by this chapter or other legitimate products not covered by this chapter. This chapter does not apply to the sale of rice or bulk rice that has not been enriched according to the standards provided in this chapter if it meets the labeling and sanitation requirements prescribed in regulations promulgated by the commissioner. Effect of Amendment The 1987 amendment added a paragraph exempting the sale of rice or bulk rice under certain conditions from requirements of this chapter.
S.C. Code Ann. § 39-8-100 — SC Code / Title 39 / Chapter 8 / Section 39-8-100
SECTION 39-8-100. Criminal proceedings; finding of disclosure of trade secrets; issuance of protective order.
Status: in_force

(A) If the court finds that a trade secret may be disclosed during a criminal proceeding, the court must issue a protective order limiting the use and dissemination of the trade secret including, but not limited to, articles disclosing that secret, provided that the issuance of a protective order would not conceal fraud or work an injustice. The protective order may, in the court's discretion, include the following provisions: (1) that the information produced pursuant to this section may be disclosed only to persons identified in the written protective order of the court and may be used or disclosed only in the action in which it is produced; (2) that the defendant may view the secret only in the presence of his counsel or at counsel's office; (3) that a party seeking to show the trade secret, or articles containing the trade secret, to a person not designated by the protective order must first obtain court approval to do so. (a) The court must require that the person receiving the trade secret do so only in the presence of counsel for the party requesting protection. (b) The court must require the person receiving the trade secret to sign a copy of the protective order and a confidentiality agreement with the trade secret owner and to agree to be bound by its terms. The order may include a provision recognizing the owner of the trade secret to be a third-party beneficiary of that agreement. (c) The court shall require a party seeking disclosure to an expert to provide that expert's name, employment history, and any other relevant information to the court for examination. The court must evaluate the expert and determine whether the expert poses a significant risk of compromise. (4) that no articles disclosing the trade secret may be filed or otherwise made a part of the court record available to the public without approval of the court and prior notice to the owner of the secret. The owner of the secret may give permission to accept the notice on the owner's behalf; (5) other orders as the court considers necessary to protect the integrity of the trade secret. (B) During proceedings where trade secrets may be disclosed, the court may, in its discretion, take other appropriate measures to protect against disclosure of trade secrets.
S.C. Code Ann. § 39-6-10 — SC Code / Title 39 / Chapter 6 / Section 39-6-10
SECTION 39-6-10. Short title.
Status: in_force

This chapter may be cited as the "Fair Practices of Farm, Construction, Industrial, and Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act".
S.C. Code Ann. § 39-16-40 — SC Code / Title 39 / Chapter 16 / Section 39-16-40
SECTION 39-16-40. Disclosure requirements.
Status: in_force

(a) An art merchant or person who sells or offers to sell a fine print shall disclose the following information: (1) the year the plate was created. (2) the year when printed and the name of the artist. (3) the process used to create the print. (4) whether the print is a part of a limited edition, and if it is: (i) the authorized maximum number of numbered or signed prints, or both, in the edition. (ii) the authorized maximum number of unnumbered or unsigned prints, or both, in the edition. (iii) any authorized maximum number of artist's, publisher's, printer's, or other proofs, exclusive of trial proofs, outside the regular edition. (iv) the total size of the edition. (5) whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition. (6) if there were any prior plates of the same master image, the total number of plates and a designation of the plate from which the print was taken. (7) if there were any prior or later editions from the same plate, the series number of the edition of which the print is a part, and the aggregate size of all other editions. (8) if the print was reproduced as a book illustration, or in a magazine article. (9) whether the edition is a posthumous edition or restrike and, if it is, whether the plate has been reworked. (10) the name of any workshop where the edition was printed. (11) whether the print has been printed on acid free paper. (b) if the art merchant lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to each of these items of information so that the purchaser is able to judge the degree of uniqueness or scarcity of each print. (c) if the person lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to the overall authenticity of each print.
S.C. Code Ann. § 39-6-50 — SC Code / Title 39 / Chapter 6 / Section 39-6-50
SECTION 39-6-50. Unfair competition and unfair or deceptive acts or practices.
Status: in_force

(A) It is a violation of Section 39-6-40 for a manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to engage in an action that is arbitrary, unconscionable, or in bad faith and that causes damage to any of the parties, the equipment dealer, or to the public. (B) It is a violation of Section 39-6-40 for 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, to coerce or attempt to coerce an equipment dealer to order or accept delivery of: (1) equipment or parts or accessories or other commodity that the equipment dealer has not voluntarily ordered, except as required by applicable law or unless required by a supplier as safety parts or safety accessories; (2) equipment with special features or accessories not included in the list price of the equipment as publicly advertised by the manufacturer of the equipment; or (3) any parts, accessories, equipment, machinery, tools, or other commodity for a person. (C) It is a violation of Section 39-6-40 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative of it to: (1) discriminate, directly or indirectly, in filling an order for the purchase or lease of new equipment placed by a dealer of its product line or model: (a) as between dealers of the same product line or model; or (b) as between dealers and persons that purchase or lease new equipment directly from the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division; (2) coerce or attempt to coerce an equipment dealer to enter into an agreement with 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, or to do any other act prejudicial to the dealer by threatening to cancel a dealership agreement or contractual agreement existing between the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and the dealer, except that notice in good faith to an equipment dealer of the dealer's violation of terms or provisions of the dealership agreement or contractual agreement is not a violation of Section 39-6-40; (3) terminate or cancel the dealership agreement or selling agreement of dealer without due cause. "Due cause" means failure by the dealer to comply with reasonable requirements imposed on the dealer by a dealer agreement if the requirements do not differ materially from those imposed on other similarly situated dealers in this State. "Due cause" also means that the dealer consistently fails to: (a) provide service and replacement parts or perform warranty obligations, or the dealer otherwise engages in business practices that are detrimental to the consumer or the manufacturer including excessive pricing or misleading advertising; (b) provide adequate sales, service, or parts personnel commensurate with the dealer agreement; (c) meet reasonable building and housekeeping requirements; (d) comply with the applicable licensing laws pertaining to products and services the dealer represents as being on behalf of the manufacturer; (e) meet the manufacturer's market penetration requirements based on available record information after receiving notice from the manufacturer of the requirements as provided in Section 39-6-60(D). (4) sell or offer to sell new equipment to an equipment dealer at a lower actual price than the actual price offered to another equipment dealer for the same new equipment, except that this provision does not apply to sales by a manufacturer, distributor, or wholesaler to the United States Government or an agency of it or prohibit a manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division from granting an equipment dealer a bonus based upon the volume of the dealer's sales, provided that the volume bonus is offered the other dealers of the same product line or make of new equipment having the same sales volumes; (5) sell or offer to sell parts or accessories to a new equipment dealer for use in his own business, for the purpose of repairing or replacing them on a comparable part or accessory, at a lower actual price than the actual price charged to another new equipment dealer for similar parts or accessories for use in his own business; (6) prevent or attempt to prevent by contract or otherwise an equipment dealer from changing the capital structure of his dealership or the means by or through which he finances the operation of his dealership, provided that the dealer at all times meets reasonable capital standards agreed to between the dealer and the manufacturer, distributor, or wholesaler, and provided that the change by the dealer does not result in a change in the executive management of the dealership; (7) prevent or attempt to prevent by contract or otherwise an equipment dealer or any officer, partner, or stockholder of an equipment dealer from selling or transferring any part of his interest to another person; except that a dealer, officer, partner, or stockholder may not sell, transfer, or assign the dealership agreement or power of management or control under it without the consent of the manufacturer, distributor, or wholesaler, but that consent may not be withheld unfairly or unreasonably; (8) obtain money, goods, services, anything of value, or another benefit from a person with whom the equipment dealer does business, on account of or in relation to the transactions between the dealer and that other person, unless the benefit is accounted for and transmitted promptly to the equipment dealer; (9) require an equipment dealer to assent to a release, assignment, novation, waiver, or estoppel that would relieve a person from liability imposed by Section 39-6-40.
S.C. Code Ann. § 39-41-240 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-240
SECTION 39-41-240. Standards for testing petroleum products.
Status: in_force

Quality and safety standards for testing of gasoline, gasohol, diesel fuel, kerosene, fuel oil and petroleum products shall be the specifications promulgated by the American Society for Testing and Materials unless other standards are promulgated by the Commissioner of Agriculture in accordance with Section 39-41-80.
S.C. Code Ann. § 39-54-40 — SC Code / Title 39 / Chapter 54 / Section 39-54-40
SECTION 39-54-40. Warranty repairs; replacements; refunds; disclosure of defect to subsequent purchaser or lessor.
Status: in_force

(A) If an assistive technology device does not conform to an applicable express warranty and the consumer (1) reports the nonconformity to the manufacturer, the assistive technology device lessor, or any of the manufacturer's authorized assistive technology device dealers and (2) makes the assistive technology device available for repair before one year after first delivery of the assistive technology device to the consumer, the nonconformity must be repaired at the manufacturer's expense to correct the nonconformity regardless of whether the repairs are made after expiration of the warranty rights period. If in any subsequent proceeding it is determined that the repair did not qualify under this chapter and the manufacturer was not otherwise obligated to repair the assistive technology device, the consumer is liable to the manufacturer for costs of repair actually made by the manufacturer. (B) If after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall accept return of the assistive technology device and: (1) at the direction of a consumer, as defined in Section 39-54-20(5)(a), (b), or (c), the manufacturer shall do one of the following: (a) replace the assistive technology device with a comparable assistive technology device and refund collateral costs; or (b) refund to the consumer and to any holder of a perfected security interest in the consumer's assistive technology device, as their interest may appear, the full purchase price paid plus any finance charges, the amount paid by the consumer at the point of sale, and collateral costs; or (2) at the direction of a consumer, as defined in Section 39-54-20(5)(d), the manufacturer shall do the following: (a) refund to the assistive technology device lessor and to any holder of a perfected security interest in the assistive technology device, as their interest may appear, the current value of the written lease. For purposes of this subitem, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination plus the assistive technology device dealer's early termination costs and the value of the assistive technology device at the lease expiration date if the lease sets forth that value, less the assistive technology device lessor's early termination savings; and (b) return to the consumer the amount the consumer paid under the written lease plus collateral costs. (C) To receive a comparable new assistive technology device or a refund due under subsection (B)(1), a consumer, as defined in Section 39-54-20(5)(a), (b), or (c), shall offer to transfer possession of the assistive technology device having the nonconformity to the manufacturer of that assistive technology device. No later than thirty days after that offer, the manufacturer shall provide the consumer with a comparable new assistive technology device or a refund. When the manufacturer provides the new assistive technology device or refund, the consumer shall return the assistive technology device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer. A consumer transferring possession of an assistive technology device under this subsection shall transfer possession in the same manner and method that the consumer obtained the device, and if the nonconformity occurs within the warranty period, the manufacturer shall bear the cost of transferring possession of the device. (D) To receive a refund due under subsection (B)(2): (1) a consumer, as defined in Section 39-54-20(5)(d), shall offer to return the assistive technology device having the nonconformity to the manufacturer of that assistive technology device. No later than thirty days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the assistive technology device having the nonconformity to the manufacturer; or (2) an assistive technology device lessor, as defined in Section 39-54-20(3) shall offer to transfer possession of the assistive technology device having the nonconformity to the manufacturer of that assistive technology device. No later than thirty days after that offer, the manufacturer shall provide the refund to the assistive technology device lessor. When the manufacturer provides the refund, the assistive technology device lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer and all costs due to the consumer as defined in Section 39-54-20(5)(d). No person may enforce the lease against the consumer after the consumer receives the refund due under subsection (B)(2). (E) No assistive technology device returned by a consumer or assistive technology device lessor in this State under subsection (B) or by a consumer or assistive technology device lessor in another state under a similar law of that state may be sold or leased again in this State unless full disclosure of the reasons for return is made to a prospective buyer or lessee.
S.C. Code Ann. § 39-61-200 — SC Code / Title 39 / Chapter 61 / Section 39-61-200
SECTION 39-61-200. Attorney's fees.
Status: in_force

Any person who brings a civil suit for damages suffered because of any violation of any provision of this chapter, or any regulation promulgated by its authority, and who prevails in the suit, may be awarded reasonable attorney's fees.
S.C. Code Ann. § 39-5-100 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-100
SECTION 39-5-100. Person served with notice, investigative demand, or subpoena shall comply; penalty enforcement.
Status: in_force

A person upon whom a notice, investigative demand, or subpoena is served pursuant to the provisions of Section 39-5-90 shall comply with the terms thereof unless otherwise provided by the order of a court as provided for in Section 39-5-70. Any person who fails to appear, or with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this article, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to any such notice, or knowingly conceals any relevant information, shall be assessed a civil penalty of not more than five thousand dollars. The Attorney General may file in the court of common pleas in which such person resides, has his principal place of business, or conducts or transacts business, and serve upon such person, in the same manner as provided for in Section 39-5-90, a petition for an order of such court for the enforcement of this section and Sections 39-5-70 and 39-5-80.
S.C. Code Ann. § 39-61-60 — SC Code / Title 39 / Chapter 61 / Section 39-61-60
SECTION 39-61-60. Submission and approval of club name.
Status: in_force

The name of the club must be submitted to the Administrator with its application for a certificate of authority, and the Administrator shall approve any name so submitted unless the proposed name is deceptively similar to that of any other club licensed or qualified to do business in this State or unless the name is likely to confuse or mislead the public.
S.C. Code Ann. § 39-57-80 — SC Code / Title 39 / Chapter 57 / Section 39-57-80
SECTION 39-57-80. Purchaser may void contract; actions for damages; violations constitute unfair trade practice.
Status: in_force

(a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the disclosures required by Section 39-57-30, or fails to deliver the equipment, supplies or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of Section 39-57-70, then, within one year of the date of the contract, upon written notice to seller, the purchaser may void the contract and shall be entitled to receive from the business opportunity seller all sums paid to the business opportunity seller. Upon receipt of such sums, the purchaser shall make available to the seller at purchaser's address or at the places at which they are located at the time notice is given, all products, equipment or supplies received by the purchaser. The purchaser, however, shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection. (b) Any purchaser injured by a violation of this chapter or by the business opportunity seller's breach of a contract or any obligation arising therefrom may bring an action for recovery of damages, including reasonable attorneys' fees. (c) Upon complaint of any person that a business opportunity seller has violated this chapter, the court of common pleas shall have jurisdiction to enjoin the defendant from further violations. (d) The remedies provided herein shall be in addition to any other remedies provided for by law or in equity. (e) The violation of any provisions of this chapter shall constitute an unfair trade practice under Section 39-5-20 of the 1976 Code.
S.C. Code Ann. § 39-75-220 — SC Code / Title 39 / Chapter 75 / Article 5 / Section 39-75-220
SECTION 39-75-220. Application of article.
Status: in_force

The provisions of this article do not apply to: (1) a business selling used tires for retreading; (2) a business or individual buying and selling motor vehicles or its parts, when the tires were mounted on the motor vehicle at the time the motor vehicle was bought, unless they are also engaged in the business of installing unmounted used tires onto a passenger car or light truck; or (3) tires intended solely for agricultural use or for off the road use.
S.C. Code Ann. § 39-22-190 — SC Code / Title 39 / Chapter 22 / Section 39-22-190
SECTION 39-22-190. Record keeping requirements.
Status: in_force

All warehousemen licensed to store grain shall maintain current and complete records at all times with respect to all feed grains and oil seeds on forms approved by the Department of Agriculture pursuant to regulations promulgated by the department including grain owned by him as well as other feed grains or oil seeds not subject to the terms of the state warehouse system, stored in or handled through the warehouse. The records must include, but not be limited to, a daily record showing: (1) the total quantity of each kind and class of feed grains or oil seeds received and delivered and the quantity of each kind and class of feed grains or oil seeds remaining in the warehouse at the close of each business day; (2) the warehouseman's total storage obligations for each kind and class of feed grains or oil seeds at the close of each business day. Incoming feed grains or oil seeds must be documented as to ownership and as to whether the feed grains or oil seeds are owned by the warehouseman or someone else. Feed grains or oil seeds received may be purchased by the warehouse before or upon arrival at the elevator or warehouse and after they have been in storage for a time. All operations must be documented properly to reflect ownership, quantity of feed grains, or oil seeds received, quantity delivered, and quantity in storage in the warehouse.
S.C. Code Ann. § 39-37-90 — SC Code / Title 39 / Chapter 37 / Section 39-37-90
SECTION 39-37-90. Revocation or suspension of license.
Status: in_force

Any such license may be revoked by the Department of Agriculture after giving to the licensee notice by mail or otherwise and an opportunity to be heard, when and if it appears that: (1) Any statement upon which it was issued was false or misleading; (2) Any frozen dessert manufactured by the licensee is adulterated or misbranded or is manufactured in a plant not maintained in accordance with the standards of sanitation prescribed in the rules and regulations promulgated under the authority of this chapter; or (3) The brand name or any label or advertising of any frozen dessert manufactured by the licensee gives a false indication of origin, character, composition or name of manufacturer or is otherwise false or misleading in any particular. A license may also, after such notice and hearing, be suspended for any of the foregoing reasons until the licensee complies with the conditions prescribed by the Department for its reinstatement.
S.C. Code Ann. § 39-33-1210 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1210
SECTION 39-33-1210. Milk, unlawful to fraudulently manipulate certain test.
Status: in_force

It shall be unlawful for any person, by himself or as the officer, servant, agent or employee of any person, receiving, buying or paying for milk, cream or other dairy products on the butterfat basis thereof (a) to underread, overread or otherwise to fraudulently manipulate the Babcock or other test approved by the Commissioner of Agriculture used to determine the per cent of fat in milk, cream or other dairy products, (b) to falsify the record thereof or (c) to pay on the basis of any measurement or weight except the true measurement or weight as determined and authorized by the Commissioner of Agriculture.
S.C. Code Ann. § 39-16-20 — SC Code / Title 39 / Chapter 16 / Section 39-16-20
SECTION 39-16-20. Applicability of chapter.
Status: in_force

This chapter does not apply to: (a) a fine print sold before January 1, 1987. (b) a fine print offered for sale or sold at retail or wholesale for: (1) one hundred dollars or less if unframed; or (2) one hundred fifty dollars or less if framed. (c) a migratory waterfowl stamp print issued under the auspices of the South Carolina Migratory Waterfowl Committee. (d) a fine print for which proof exists that the print was printed no less than one hundred years prior to the date of sale. Effect of Amendment The 1988 amendment added item (d) relating to a fine print which is one hundred years old or older.
S.C. Code Ann. § 39-5-37 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-37
SECTION 39-5-37. Use of assumed or fictitious name to misrepresent business is unfair trade practice.
Status: in_force

It shall be an unlawful trade practice under Section 39-5-20 to use an assumed or fictitious name in the conduct of a business to intentionally misrepresent the geographic origin, ownership of manufacturing facilities, or location of such business.
S.C. Code Ann. § 39-15-710 — SC Code / Title 39 / Chapter 15 / Article 7 / Section 39-15-710
SECTION 39-15-710. Definitions.
Status: in_force

(1) The terms "owner" and "purchaser" as used in this article shall include any person acting either in his own behalf or as an employee, agent or representative of any other person. (2) The term "timber" as used in this article shall include trees, lying or prepared for sale, sawlogs and all other logs, crossties, boards, planks, staves, headings and all other timber cut or prepared for use or sale.
S.C. Code Ann. § 39-15-520 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-520
SECTION 39-15-520. Article is cumulative.
Status: in_force

The provisions of this article shall be cumulative to all other provisions of law on the subject.
S.C. Code Ann. § 39-49-50 — SC Code / Title 39 / Chapter 49 / Section 39-49-50
SECTION 39-49-50. Unlawful recharge or repair of marked battery of another.
Status: in_force

It is unlawful for any person engaged in the business of buying, selling, repairing or recharging electric storage batteries to recharge or repair any rental battery not owned by such person and marked by the owner thereof as provided by Section 39-49-20.
S.C. Code Ann. § 39-19-60 — SC Code / Title 39 / Chapter 19 / Article 1 / Section 39-19-60
SECTION 39-19-60. Disposal of stored cotton without consent of owner penalty; effect on mortgagees and other creditors.
Status: in_force

It shall be a misdemeanor for any person doing business as a cotton factor or warehouseman and having in his warehouse any cotton on storage, the property of another, to dispose of such cotton or any portion thereof by sale, loan, pledge or otherwise to any person without the consent or approval of the owner of such stored cotton, except as permitted by the provisions of Chapter 7 of Title 36, and, upon conviction of so doing, any such person shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year. The rights of persons holding mortgages over such cotton or of persons who have advanced or loaned money on such cotton shall not be abridged or affected by the provisions of this section, nor shall the provisions of this section affect the warehouseman's claim for storage.
S.C. Code Ann. § 39-3-330 — SC Code / Title 39 / Chapter 3 / Article 5 / Section 39-3-330
SECTION 39-3-330. Issuance of order of discovery; form and service of order.
Status: in_force

The justice of the Supreme Court or the circuit judge to whom such application for the order is made shall grant such application, with such preliminary injunction or stay as may appear to such justice or circuit judge to be proper and expedient. The order shall specify the time when, and place where, the witnesses are required to appear and such examination shall be held either in the city of Columbia or in the judicial district in which the witness resides or in which the principal office, within this State, of the corporation affected is located. The order must be signed by the justice or judge making it and service of a copy thereof, with an endorsement by the Attorney General, signed by him, to the effect that the person named therein is required to appear and be examined at the time and place and before the justice, circuit judge or referee specified in such endorsement, shall be sufficient notice for the attendance of witnesses. Such endorsement may contain a clause requiring such person to produce on such examination all books, papers and documents in his possession or under his control, relating to the subject of such examination. The order shall be served upon the person named in the endorsement aforesaid by showing him the original order and delivering to and leaving with him, at the same time, a copy thereof endorsed as above provided and by paying or tendering to him the fee allowed to witnesses subpoenaed to attend trials of civil actions in a court of record in this State.
S.C. Code Ann. § 39-26-50 — SC Code / Title 39 / Chapter 26 / Section 39-26-50
SECTION 39-26-50. Promulgation of regulations.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. The South Carolina Department of Agriculture may promulgate regulations necessary or convenient to carry out the purposes of this chapter.
S.C. Code Ann. § 39-24-20 — SC Code / Title 39 / Chapter 24 / Section 39-24-20
SECTION 39-24-20. Definitions.
Status: in_force

As used in this chapter: (1) "Brand name" means the proprietary or trade name placed upon a drug, its container, label or wrapping at the time of packaging; (2) "Generic name" means the United States Adopted Name (USAN) or the official title of a drug published in the latest edition of a nationally recognized pharmacopoeia or formulary; (3) "Substitute" means to dispense, with the practitioner's authorization, a "therapeutically equivalent" generic drug product of identical drug salt or an interchangeable biological product in place of the drug or biological product ordered or prescribed; (4) "Therapeutically equivalent" means the same efficacy and toxicity when administered to an individual in the same dosage form; and (5) "Practitioner" means a physician, osteopath, dentist, podiatrist, veterinarian, or any other person authorized to prescribe drugs under the laws of this State. Effect of Amendment 2017 Act No. 11, SECTION 1, in (3), inserted "or an interchangeable biological product" and "or biological product".
S.C. Code Ann. § 39-31-50 — SC Code / Title 39 / Chapter 31 / Section 39-31-50
SECTION 39-31-50. Clean rice is not subject to rinsing test for bulk rice.
Status: in_force

Each pound of rice shall be sufficiently clean so that rinsing before cooking is unnecessary, according to the judgment of the Commissioner. Rice meeting this standard of cleanliness and in packages of less than fifty pounds is permitted but not required to meet the rinsing test described in Section 39-31-40 for bulk rice. Rice not meeting this standard of cleanliness shall be adjudged to be bulk rice and subject to such rinsing test.
S.C. Code Ann. § 39-17-410 — SC Code / Title 39 / Chapter 17 / Article 5 / Section 39-17-410
SECTION 39-17-410. Certain metal beverage containers unlawful after July 1, 1980.
Status: in_force

Notwithstanding any other provision of law, it shall be unlawful for any wholesale distributor or retailer to sell or offer to sell, after July 1, 1980, any carbonated soft drink or malt beverage in a metal beverage container which includes a part which must be detached to open the container. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined twenty-five dollars for each illegal container sold.
S.C. Code Ann. § 39-33-1520 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1520
SECTION 39-33-1520. Trafficking in shipper's milk cans without consent or defacing cans is unlawful.
Status: in_force

It shall be unlawful for any person, without the consent of the agent of the owner or shipper, to use, sell, dispose of, buy or traffic in any milk or cream can belonging to any dealer or shipper of milk or cream residing in this State or elsewhere who may ship milk or cream to any place within this State, having the name or initials of the owner or such dealer or shipper stamped, marked or fastened on such can or wilfully to mar, erase or change by re-marking or otherwise such name or initials of any such owner, dealer or shipper so stamped, marked or fastened upon such can. Any person who shall violate any provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars, nor less than ten dollars, or by imprisonment not exceeding thirty days.
S.C. Code Ann. § 39-15-1180 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1180
SECTION 39-15-1180. Rights in marks not adversely affected by article.
Status: in_force

Nothing in this article may adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
S.C. Code Ann. § 39-73-40 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-40
SECTION 39-73-40. Transactions as to which prohibition not applicable.
Status: repealed

(A) The prohibitions in Section 39-73-20 do not apply to: (1) an account, an agreement, or a transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act; (2) a commodity contract for the purchase of one or more precious metals which requires, and under which the purchaser receives, within twenty-eight calendar days from the payment in good funds of a portion of the purchase price, physical delivery of the quantity of the precious metals purchased by the payment. For purposes of this paragraph physical delivery is deemed to have occurred if, within the twenty-eight-day period, the quantity of precious metals purchased by the payment is delivered, whether in specifically segregated or fungible bulk forms into the possession of a depository other than the seller which is: (a) a financial institution; (b) a depository the warehouse receipts of which are recognized for delivery purposes for a commodity on a contract market designated by the Commodity Futures Trading Commission; (c) a storage facility licensed or regulated by the United States or its agencies, or (d) a depository designated by the administrator. The depository or other person which itself qualifies as a depository or a qualified seller shall issue and the purchaser shall receive a certificate, a document of title, confirmation, or other instrument evidencing that the quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser's behalf, free and clear of all liens and encumbrances other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which previously have been disclosed to the purchaser; (3) a commodity contract solely between persons engaged in producing, processing, using commercially, or handling as merchants, each commodity subject to the contract or a by-product of it; or (4) a commodity contract under which the offeree or the purchaser is a person referred to in Section 39-73-30, an insurance company, an investment company as defined in the Investment Company Act of 1940, or an employee pension and profit-sharing or benefit plan other than a self-employed individual retirement plan or individual retirement account. (B) For purposes of item (2) of subsection (A) a qualified seller is a person who: (1) is a seller of precious metals and has a tangible net worth of at least five million dollars or has an affiliate who unconditionally has guaranteed the obligations and liabilities of the seller, and the affiliate has a tangible net worth of at least five million dollars; (2) has stored precious metals with one or more depositories on behalf of customers for at least the previous three years; (3) before an offer and annually files with the administrator a sworn notice of intent to act as a qualified seller under item (2) of subsection (A) containing: (a) the seller's name and address and names of its directors, officers, controlling shareholders, partners, principals, and other controlling persons; (b) the address of its principal place of business, state and date of incorporation or organization, and the name and address of the seller's registered agent in this State; (c) a statement that the seller, or a person affiliated with the seller who has guaranteed the obligations and liabilities of the seller has a tangible net worth of at least five million dollars; (d) depository information, including: (i) the name and address of the depository or depositories that the seller intends to sue; (ii) the name and address of each depository where the seller has stored precious metals on behalf of customers for the previous three years; (iii) independent verification from each depository named in sub-subitem (ii) that the seller has in fact stored precious metals on behalf of the seller's customers for the previous three years and a statement of total deposits made during this period; (e) financial statements for the seller or the person affiliated with the seller who has guaranteed the obligations and liabilities of the seller for the past three years, audited by an independent certified public accountant, with the accountant's report; (f) a statement describing the details of all civil, criminal, or administrative proceedings currently pending or adversely resolved against the seller or its directors, officers, controlling shareholders, partners, principals, or other controlling persons during the past ten years, including: (i) civil litigation and administrative proceedings involving securities or commodities violations or fraud; (ii) criminal proceedings; (iii) denials, suspensions, or revocations of securities or commodities, licenses, or registrations; (iv) suspensions or expulsions from membership in or associations with self-regulatory organizations registered under the Securities Exchange Act of 1934 or the Commodities Exchange Act; (v) a statement that there were no proceedings. (4) notifies the administrator within fifteen days of material changes in the information provided in the notice of intent; (5) annually furnishes to each purchaser for whom the seller is then storing precious metals, and to the administrator a report by an independent certified public accountant of the accountant's examination of the seller's precious metals storage program. (C) The administrator, upon request by the seller, may waive one or more of the exemption requirements in subsection (B), conditionally or unconditionally. (D) The administrator, by order, may deny, suspend, revoke, or place limitations on the authority to engage in business as a qualified seller under item (2) of subsection (A) if the administrator finds that the order is in the public interest and that the person, the person's officers, directors, partners, agents, servants, or employees, a person occupying a similar status or performing similar functions, or a person who directly or indirectly controls or is controlled by the seller, or his affiliates or subsidiaries: (1) has filed a notice of intention under subsection (C) with the administrator or the designee of the administrator which was incomplete in material respect or contained a statement which was, in light of the circumstances under which it was made, false or misleading with respect to a material fact; (2) within the last ten years, has pled guilty or nolo contendere to, or been convicted of a crime indicating a lack of fitness to engage in the investment commodity business; (3) has been enjoined permanently or temporarily by a court of competent jurisdiction from engaging in or continuing conduct or a practice which injunction indicates a lack of fitness to engage in the investment commodities business; (4) is the subject of an order of the administrator denying, suspending, or revoking the person's license as a securities broker-dealer, agent, sales representative, investment advisor, or investment advisor representative; (5) is the subject of one or more of the following orders which currently are effective and which were issued within the last five years: (a) an order by a securities agency or an administrator of another state, Canadian province or territory, the Securities and Exchange Commission, or the Commodity Futures Trading Commission entered after notice and opportunity for hearing, denying, suspending, or revoking the person's registration as a futures commission merchant, commodity trading adviser, commodity pool operator, securities broker-dealer, agent, sales representative, investment adviser or investment advisor representative, or the substantial equivalent of the foregoing; (b) suspension or expulsion from membership in, or association with, a self-regulatory organization registered under the Securities Exchange Act of 1934 or the Commodity Exchange Act; (c) a United States Postal Service fraud order; (d) a cease and desist order entered after notice and opportunity of hearing by the administrator or a securities agency or an administrator of another state, Canadian province or territory, the Securities and Exchange Commission, or the Commodity Futures Trading Commission; (e) an order entered by the Commodity Futures Trading Commission denying, suspending, or revoking registration under the Commodity Exchange Act. (6) has engaged in an unethical or a dishonest act or practice in the investment commodities or securities business; or (7) has failed reasonably to supervise sales representatives or employees. (E) If the public interest or the protection of investors so requires, the administrator, by order, summarily may deny or suspend the exemption for a qualified seller. Upon the entry of the order the administrator promptly shall notify the person claiming the status that an order has been entered, the reasons for it, and that within thirty days after the receipt of a written request the matter will be set for hearing. Section 39-73-355 applies with respect to subsequent proceedings. (F) If the administrator finds that an applicant or a qualified seller is no longer in existence, has ceased to do business, is subject to an adjudication of mental incompetence or to the control of a committee, conservator, or guardian, or cannot be located after reasonable search, he, by order, may deny or revoke the exemption for a qualified seller. (G) The administrator may promulgate regulations prescribing the terms and conditions of transactions and contracts covered by this chapter which are not within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted by the Commodity Exchange Act exempting and conditionally or unconditionally and otherwise implementing this chapter for the protection of purchasers and sellers of commodities. Editor's Note Section 39-73-355, referenced in (E) of this section, was repealed by 2025 Act No. 67, SECTION 13, eff. May 22, 2025. Effect of Amendment 2025 Act No. 67, SECTION 2, in (D)(4) and (D)(5)(a), substituted "agent, sales representative, or investment advisor, or investment advisor representative" for "sales representative, or investment advisor,".
S.C. Code Ann. § 39-5-90 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-90
SECTION 39-5-90. Service of notice, demand, or subpoena.
Status: in_force

Service of any notice, demand, or subpoena under this article shall be made personally within this State, but if such cannot be obtained, substituted service therefor may be made in the following manner: (a) Personal service thereof without this State; or (b) In the manner provided by the laws of this State as if a summons or other pleading which institutes a civil proceeding had been filed; or (c) Such service as a court of common pleas may direct in lieu of personal service within this State.
S.C. Code Ann. § 39-41-10 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-10
SECTION 39-41-10. "Petroleum" and "petroleum product" defined.
Status: in_force

"Petroleum" or "petroleum product" as used in this article means gasoline, gasohol, kerosene, diesel fuels, jet fuels, fuel oil no. 1 through 4, or a similar product of petroleum or a product which may be acceptable for use as a petroleum product or oxygenated compound blends of the products but does not include compressed natural gas or propane when dispensed or sold as a motor vehicle fuel. Effect of Amendment The 1994 amendment rewrote this section.
S.C. Code Ann. § 39-61-40 — SC Code / Title 39 / Chapter 61 / Section 39-61-40
SECTION 39-61-40. Security; required assurances.
Status: in_force

The security: (a) Must be for the protection, use, and benefit of all persons whose applications for membership in a motor club have been accepted by the club or its representatives. (b) Shall assure that the club faithfully furnishes and renders to members any and all of the motor club services furnished, sold, or offered for sale by it. (c) Shall assure that the club complies with and abides by all the provisions of this chapter and all the regulations of the Administrator prescribed, published, adopted, and promulgated under authority of this chapter. (d) Shall assure that the club pays all fines and penalties that may become due to the State from the club and by virtue of the provisions of this chapter.
S.C. Code Ann. § 39-26-120 — SC Code / Title 39 / Chapter 26 / Section 39-26-120
SECTION 39-26-120. Impeding the Commissioner prohibited.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the Commissioner, or any authorized agent of the Commissioner, an inspector, or any other department personnel in the performance of his duty in connection with this chapter.
S.C. Code Ann. § 39-41-295 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-295
SECTION 39-41-295. Motor fuel dispensing at unattended service stations; automatic shutoff; fire extinguishers.
Status: in_force

Notwithstanding Section 39-41-260, or any other provision of law, motor fuel, as defined in Section 12-28-110(39), may be dispensed at an unattended service station if the dispensing device has an automatic shut-off valve that is activated when the sale of the motor fuel reaches thirty gallons. In addition, the dispensing device shall be equipped with emergency controls pursuant to Chapter 22, Section 2204.3.3 of the International Fire Code. The service station shall be equipped with a 2A-20B-C fire extinguisher within seventy-five feet of the pump as required in Chapter 22, Section 2205.5 of the International Fire Code.
S.C. Code Ann. § 39-8-60 — SC Code / Title 39 / Chapter 8 / Section 39-8-60
SECTION 39-8-60. Preservation of secrecy during discovery proceedings of civil actions; substantial need defined.
Status: in_force

(A) In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding hearings in-camera, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. (B) In any civil action where discovery is sought of information designated by its holder as a trade secret, before ordering discovery a court shall first determine whether there is a substantial need by the party seeking discovery for the information. "Substantial need" as used in this section means: (1) the allegations in the initial pleading setting forth the factual predicate for or against liability have been plead with particularity; (2) the information sought is directly relevant to the allegations plead with particularity in the initial pleading; (3) the information is such that the proponent of the discovery will be substantially prejudiced if not permitted access to the information; and (4) a good faith basis exists for the belief that testimony based on or evidence deriving from the trade secret information will be admissible at trial. (C) Direct access to computer databases containing trade secret information, so-called "real time" discovery, shall not be ordered by the court unless the court finds that the proponent of the discovery cannot obtain this information by any other means and provided that the information sought is not subject to any privilege. (D) Upon motion of the holder of the trade secret information, a court may condition the production of trade secret information on the posting of an appropriate bond. (E) Information produced pursuant to this section must be governed by an appropriate written protective order of the court. (F) Information produced pursuant to this section may only be disclosed to persons identified in the written protective order of the court and may be used or disclosed only in the action in which it is produced. Litigation-sharing orders pertaining to trade secret information must not be entered by the court. (G) A person receiving trade secret information pursuant to this section is subject to the jurisdiction of the courts of this State. (H) When information produced pursuant to this section is discussed or otherwise disclosed at a trial or hearing, the owner of the produced trade secret information is allowed to obtain individually signed confidentiality agreements from all parties that are present in the courtroom or are party to any procedures where trade secret information is discussed, presented, or otherwise made known to any party not already under a confidentiality agreement with the trade secret owner. (I) All trade secret information and any copies, duplicates, or other writings which reflect or contain the trade secret information, or excerpts therefrom, must be returned to the holder of the trade secrets at the conclusion of the litigation. (J) This section applies to any civil action brought within or without this State where discovery is sought of trade secret information present in this State.
S.C. Code Ann. § 39-63-10 — SC Code / Title 39 / Chapter 63 / Section 39-63-10
SECTION 39-63-10. Definitions.
Status: in_force

As used in this chapter: (1) "Fabric" means any material woven, knitted, felted, or otherwise produced from, or in combination with, any natural or manufactured fiber, yarn, or substitute. (2) "Fiber" or "textile fiber" means a unit of matter which is capable of being spun into a yarn or made into a fabric by bonding or by interlacing in a variety of methods including weaving, knitting, braiding, felting, twisting, or webbing, and which is the basic structural element of textile products. (3) "Household textile articles" means articles of wearing apparel, costumes and accessories, draperies, floor coverings, furnishings, beddings, and other textile goods of a type customarily used in a household. (4) "Textile fiber product" means: (a) any fiber, whether in the finished or unfinished state, used or intended for use in household textile articles; (b) any yarn or fabric, whether in the finished or unfinished state, used or intended for use in household textile articles; (c) any household textile article made in whole or in part of yarn or fabric. (5) "Yarn" means a strand of textile fiber in a form suitable for weaving, knitting, braiding, felting, webbing, or otherwise fabricating into a fabric.
S.C. Code Ann. § 39-15-1120 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1120
SECTION 39-15-1120. Application, registration of mark, examination and amendment.
Status: in_force

(A) Upon the filing of an application for registration and payment of the application fee, the secretary may examine the application for conformity with this article. (B) The applicant shall provide additional pertinent information requested by the secretary including a description of a design mark and may make or authorize the secretary to make amendments to the application as may be reasonably requested by the secretary or considered by the applicant to be advisable to respond to a rejection or objection. (C) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer may prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services. (D) Amendments may be made by the secretary to the application submitted by the applicant with the applicant's consent, or the secretary may require that the applicant submit a fresh application. (E) If the applicant is found not to be entitled to registration, the secretary shall notify the applicant of this and of the reasons registration was denied. The applicant must be given a reasonable period of time specified by the secretary in which to reply or to amend the application, after which the application must be reexamined. This procedure may be repeated until the secretary finally refuses registration of the mark or the applicant fails to reply or amend within the specified period, at which time the application is deemed to have been abandoned. (F) If the secretary finally refuses registration of the mark, the applicant may appeal the decision to the circuit court in Richland County in accordance with the Administrative Procedures Act without costs to the secretary. (G) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications must be rejected. A rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark in accordance with Section 39-15-1145 of this article.
S.C. Code Ann. § 39-51-30 — SC Code / Title 39 / Chapter 51 / Section 39-51-30
SECTION 39-51-30. Commissioner of Agriculture shall administer chapter.
Status: in_force

This chapter shall be administered by the Commissioner of Agriculture of South Carolina hereinafter referred to as the "Commissioner".
S.C. Code Ann. § 39-49-80 — SC Code / Title 39 / Chapter 49 / Section 39-49-80
SECTION 39-49-80. Penalties.
Status: in_force

Any person, including any officer, agent, employee or member of any firm or corporation violating any of the provisions of Sections 39-49-10 to 39-49-60 shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars or be imprisoned for a term not exceeding thirty days, at the discretion of the court.
S.C. Code Ann. § 39-33-1550 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1550
SECTION 39-33-1550. Use of milk containers of others is unlawful.
Status: in_force

It shall be unlawful for any person to bottle milk or other dairy products in any bottle not the property of such person or to use milk bottles, milk cans or milk bottle crates not the property of such person.
S.C. Code Ann. § 39-39-170 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-170
SECTION 39-39-170. Exemptions.
Status: in_force

The following are exempt from this chapter: (1) persons who buy or sell eggs to be used exclusively for hatching purposes; (2) shipments of eggs in interstate commerce; (3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced. Effect of Amendment The 1994 amendment revised paragraph (2), and added paragraph (3). The 2005 amendment reprinted this section with no apparent change.
S.C. Code Ann. § 39-17-20 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-20
SECTION 39-17-20. Division of markets shall assist in marketing farm products.
Status: in_force

The division of markets of the extension service shall investigate the subject of marketing farm products, diffuse useful information relating thereto and furnish advice and assistance to the public in order to promote efficient and economical methods of marketing farm products and it may gather and diffuse timely information concerning the supply, demand, prevailing prices and commercial movement of farm products, including quantities in common and cold storage, and may interchange such information with the United States Department of Agriculture.
S.C. Code Ann. § 39-22-110 — SC Code / Title 39 / Chapter 22 / Section 39-22-110
SECTION 39-22-110. Required identification tags on bales.
Status: in_force

Each bale of cotton accepted for storage in a warehouse operated under the state warehouse system must be identified by a numbered tag affixed to the bale. The tag must be designed so that the brand "South Carolina" may be unmistakably visible. The palmetto tree, with a bale of cotton lying at the roots, and the shield of the State must be printed on the tag. The county of origin may appear on the tag. The warehouse may utilize the Permanent Bale Identification (PBI) number and tag of another gin if that tag meets these requirements. If the PBI tag does not meet these requirements, the warehouseman may affix a sticker to the PBI tag or bale of cotton adjacent to the PBI tag that meets these requirements. Effect of Amendment 2018 Act No. 232, SECTION 1, added the fifth and sixth sentences, providing additional types of identification numbers, tags, and stickers that a warehouse may utilize.
S.C. Code Ann. § 39-39-120 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-120
SECTION 39-39-120. Egg seller licenses; information to be included on application.
Status: in_force

All wholesalers, distributors, commission merchants, brokers, and dealers who desire to sell or offer eggs for sale in this State shall first file for a license with the Commissioner of Agriculture, upon forms furnished by the commissioner, stating the name of the firm or person desiring to offer eggs for sale either by themselves or by their agent, together with the address of the firm or person and the type or kind of eggs to be offered for sale. The license must be issued at no cost and in a form prescribed by regulations promulgated by the department. Effect of Amendment The 1994 amendment revised this section, deleting a reference to retailers. The 2005 amendment rewrote the first sentence.
S.C. Code Ann. § 39-5-320 — SC Code / Title 39 / Chapter 5 / Article 3 / Section 39-5-320
SECTION 39-5-320. Retail sale by wholesaler at 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 price as low as such person sells the same merchandise at wholesale in the same town or locality.
S.C. Code Ann. § 39-27-20 — SC Code / Title 39 / Chapter 27 / Section 39-27-20
SECTION 39-27-20. Enrichment flour used in manufacture of compound food products.
Status: in_force

Any flour used in the manufacture of a compound food product with corn meal, corn flour or other food substances shall be subject to the provisions of Section 39-27-10, unless exempted under Section 39-27-40 or by regulation of the State Department of Agriculture.
S.C. Code Ann. § 39-51-50 — SC Code / Title 39 / Chapter 51 / Section 39-51-50
SECTION 39-51-50. Anti-freeze deemed adulterated.
Status: in_force

Antifreeze shall be deemed to be adulterated: (a) If, in the form in which it is sold and directed to be used, it would be injurious to the cooling system in which it is installed, or if, when used in such cooling system, it would make the operation of the engine dangerous to the user. (b) If its strength, quality, or purity falls below the standard of strength, quality, or purity under which it is sold or offered for sale.
S.C. Code Ann. § 39-29-30 — SC Code / Title 39 / Chapter 29 / Section 39-29-30
SECTION 39-29-30. Enrichment of corn meal and corn grits used to manufacture compound food products.
Status: in_force

Any corn meal or corn grits, as defined in this chapter, used in the manufacture of a compound food product along with flour or other food substances shall be subject to the provisions of Section 39-29-20, unless exempted under Section 39-29-50 or by regulation of the State Department of Agriculture.
S.C. Code Ann. § 39-33-1560 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1560
SECTION 39-33-1560. Sale or shipment of milk container by one other than dealer is unlawful.
Status: in_force

It shall be unlawful for any person to collect, have or possess milk bottles, milk cans or milk bottle crates for sale or for exchange for a consideration or for shipment within the State or from the State, excepting only wholesale and retail dealers in milk bottles, milk cans and milk bottle crates who pay a license to the city or town in which they operate and who purchase milk bottles, milk cans and milk bottle crates from the manufacturers or their representatives for the purpose of resale to dairymen and persons operating milk depots.
S.C. Code Ann. § 39-15-1115 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1115
SECTION 39-15-1115. Registration of mark; required information.
Status: in_force

(A) Subject to the limitations set forth in this article, a person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, this information: (1) the name and business address of the person applying for the registration; and if a corporation, the state of incorporation or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary; (2) the goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with these goods or services, and the class in which these goods or services fall; (3) the date when the mark was first used anywhere and the date when it was first used in this State by the applicant or a predecessor in interest; (4) a statement that the applicant is the owner of the mark, that the mark is in use, and that to the knowledge of the person verifying the application no other person has registered either federally or in this State, or has the right to use this mark in its identical form or in near resemblance as to be likely, when applied to the goods or services of another person, to cause confusion or to cause mistake or to deceive. (B) The secretary may also require a statement whether an application to register the mark or portions or a composite of the mark has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and if so, the applicant shall provide full particulars including the filing date and serial number of each application, the status of the application, and if an application was finally refused registration or has otherwise not resulted in a registration, the reasons for this. (C) The secretary also may require that a drawing of the mark, complying with requirements as the secretary may specify, accompany the application. (D) The application must be signed and verified by oath, affirmation, or declaration subject to perjury laws by the applicant or by a member of the firm or an officer of the corporation or association applying. (E) The application must be accompanied by three specimens showing the mark as actually used and accompanied by the application fee payable to the Secretary of State.
S.C. Code Ann. § 39-8-110 — SC Code / Title 39 / Chapter 8 / Section 39-8-110
SECTION 39-8-110. Chapter's effect on conflicting tort, restitutionary, and other laws; effect on remedies.
Status: in_force

(A) Except as provided in subsections (B) and (C), this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret. (B) This chapter does not affect: (1) contractual remedies, whether or not based upon misappropriation of a trade secret or protection of a trade secret; (2) the provisions of the South Carolina Tort Claims Act. (C) Any and all other civil remedies that are not based upon misappropriation of a trade secret or upon protection against misappropriation of a trade secret are governed by the rules of procedure, rules of evidence, regulations, and the common law applicable to the administrative law tribunal or court where the action is filed.
S.C. Code Ann. § 39-22-20 — SC Code / Title 39 / Chapter 22 / Section 39-22-20
SECTION 39-22-20. Applicants for license, bonding and security requirements.
Status: in_force

To safeguard the interest of holders of warehouse receipts issued under this chapter, Chapter 19 of this title, and Chapter 7 of Title 36, the department shall require a surety bond or equivalent security from the applicant for a warehouse license for the faithful performance of his duties. The bond or other security must be in an amount of twenty-five thousand dollars for each warehouse. The bond must provide that the warehouseman personally shall account for and pay over, according to law, all money and property received by him and, in cases of default, the surety shall pay all damages, costs, and expenses resulting from the default. In the event of a default, the holder of the warehouse receipt may proceed directly against the warehouseman or surety or both on the bond to recover the loss and a surety or other insurer who has been required to respond financially upon the action must be subrogated to all rights of the holder of the warehouse receipt. The department shall assist the warehousemen in obtaining their individual bonds at the best available rate under a group plan, when possible.
S.C. Code Ann. § 39-7-20 — SC Code / Title 39 / Chapter 7 / Section 39-7-20
SECTION 39-7-20. Definitions.
Status: in_force

The following terms, as used in this chapter are defined as follows: (1) "Commodity" means any subject of commerce; (2) "Producer" means any grower, baker, maker, manufacturer, bottler, packer, converter, processor or publisher; (3) "Wholesaler" means any person selling a commodity other than a producer or retailer; and (4) "Retailer" means any person selling a commodity to consumers for use. 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. § 39-19-230 — SC Code / Title 39 / Chapter 19 / Article 3 / Section 39-19-230
SECTION 39-19-230. Warehousemen must keep record of amount of tobacco sold.
Status: in_force

The warehouseman of each leaf tobacco warehouse doing business in this State shall keep a correct account of the number of pounds of leaf tobacco sold upon the floor of his warehouse daily.
S.C. Code Ann. § 39-27-30 — SC Code / Title 39 / Chapter 27 / Section 39-27-30
SECTION 39-27-30. Enrichment of white bread.
Status: in_force

All white bread sold or offered for sale within the State shall be enriched to contain in each pound, as sold, not less than one milligram and not more than two milligrams of vitamin B-1 (thiamine), not less than four milligrams and not more than sixteen milligrams of nicotinic acid (niacin) or nicotinic acid amide (niacin amide) and not less than four milligrams and not more than sixteen milligrams of iron (Fe). The enrichment of white bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins or harmless iron salts or by any combination of methods which will produce enriched bread which meets the standards herein defined. The State Department of Agriculture shall change or add to the specifications for ingredients and the amounts thereof as necessary to conform to the Federal definition of enriched bread when promulgated.
S.C. Code Ann. § 39-65-60 — SC Code / Title 39 / Chapter 65 / Section 39-65-60
SECTION 39-65-60. Effect of chapter on other rights and remedies.
Status: in_force

Nothing in this chapter invalidates or restricts any other right or remedy available to a sales representative or precludes a sales representative from seeking to recover in one action on all claims against a principal.
S.C. Code Ann. § 39-5-810 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-810
SECTION 39-5-810. Short title.
Status: in_force

This article may be cited as the "South Carolina Earned Wage Access Services Act".
S.C. Code Ann. § 39-69-30 — SC Code / Title 39 / Chapter 69 / Section 39-69-30
SECTION 39-69-30. Customer's rights and title to dies, molds, forms, and patterns.
Status: in_force

(A) In the absence of any agreement to the contrary, the customer has all rights and title to any die, mold, form, or pattern in the possession of the molder. (B) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last use, all rights and title to any die, mold, form, or pattern are transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern, consistent with this section. (C) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this section. The notice must include a statement of the customer's rights as set forth in subsection (D) of this section. (D)(1) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, within sixty days following the date the notice was sent pursuant to subsection (C), the molder must send a second written notice, in the same manner described in subsection (C). If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, within sixty days following the date the second notice was sent, all rights and title of the customer, except patents and copyrights, are transferred by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern, as the molder's own property, without any risk of liability to the customer. (2) This section must not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
S.C. Code Ann. § 39-29-90 — SC Code / Title 39 / Chapter 29 / Section 39-29-90
SECTION 39-29-90. 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. § 39-61-130 — SC Code / Title 39 / Chapter 61 / Section 39-61-130
SECTION 39-61-130. Sanctions for noncompliance by club representative; contested case hearing.
Status: in_force

Upon satisfactory evidence that a club representative has violated or failed to comply with a provision of this chapter or regulation promulgated pursuant to the authority of this chapter, the administrator may issue an order requiring the club representative to cease and desist from engaging in the violation or may revoke or suspend the club representative's authority. A club representative aggrieved by an action of the administrator taken pursuant to this provision may file a request for a contested case hearing with the Administrative Law Court. Editor's Note 2005 Act No. 128, SECTION 27, provides as follows: "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs." Effect of Amendment The 2005 amendment added the second sentence relating to requests for contested case hearings.
S.C. Code Ann. § 39-19-460 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-460
SECTION 39-19-460. Tickets or cards and tobacco must be open to inspection.
Status: in_force

Such cards or tickets and such tobacco awaiting sale shall be open to the inspection of any person at any time during the regular business hours of the warehouse and any person shall have access to the place where such tobacco is being sold or is awaiting sale and to such tobacco at any time during the regular business hours of the warehouse.
S.C. Code Ann. § 39-75-200 — SC Code / Title 39 / Chapter 75 / Article 5 / Section 39-75-200
SECTION 39-75-200. Unlawful to install unsafe used tires.
Status: in_force

It is unlawful for a person to install an unsafe used tire onto a passenger car or light truck in this State.
S.C. Code Ann. § 39-22-70 — SC Code / Title 39 / Chapter 22 / Section 39-22-70
SECTION 39-22-70. Receipt of lint cotton.
Status: in_force

A receipt for lint cotton must be issued under the seal and signature of the Commissioner of Agriculture or his deputy in the name of the State, stating the location of the warehouse, the name of the manager, the tag number on the bale and the weight, grade, and staple to enable delivery on surrender of the receipt of the identical cotton for which it was given. The grade and staple may be omitted at the request of the depositor. The receipt may be issued in bearer or order form.
S.C. Code Ann. § 39-23-80 — SC Code / Title 39 / Chapter 23 / Section 39-23-80
SECTION 39-23-80. Prohibited acts, penalties.
Status: in_force

(A) It is unlawful to do or cause the following acts: (1) introduction or delivery for introduction into commerce within the State of a drug or device that is adulterated or misbranded; (2) adulteration or misbranding of a drug or device in intrastate commerce; (3) receipt in intrastate commerce of a drug or device that is adulterated or misbranded, and the delivery or proffered delivery of a drug or device for pay or otherwise; (4) manufacture of a drug or device within the State which is adulterated or misbranded; (5) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or the federal act; (6) alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug or device, if the act is done while the article is held for sale (whether or not the first sale) after shipment in intrastate commerce and results in the article being adulterated or misbranded; (7) using, on the label of a drug or in an advertisement relating to the drug, any representation or suggestion that an application with respect to the drug is effective under Section 39-23-70, or that the drug complies with the provisions of that section. (B)(1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both for a first offense. (2) A person convicted under this section for a second offense is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both. (3) A violation with intent to defraud or mislead is a felony and, upon conviction, the person must be imprisoned not more than five years or fined not more than ten thousand dollars, or both. Effect of Amendment The 1993 amendment rewrote this section, designating existing text as (A), and adding (B), so as to change portions from misdemeanors to felonies and the maximum term of imprisonment to conform to the new crime classification system.
S.C. Code Ann. § 39-41-90 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-90
SECTION 39-41-90. Complaints, tests of safety and value of products; certain sales prohibited.
Status: in_force

Whenever a complaint is made to the Department of Agriculture in regard to power, illuminating or heating qualities of any petroleum product sold in this State, the Commissioner shall cause a sample of such petroleum product complained of to be procured and have it thoroughly analyzed and tested as to safety or value for power or heating purposes or illuminating qualities. If such analysis or other tests shall show that the petroleum product is either unsafe or of inferior quality for power, heating or illuminating purposes, its sale shall be forbidden and reports of the result shall be sent to the person making the complaint and to the manufacturer of such petroleum product.
S.C. Code Ann. § 39-25-190 — SC Code / Title 39 / Chapter 25 / Section 39-25-190
SECTION 39-25-190. Authority to enter and inspect premises and copy records; reports; analysis of samples.
Status: in_force

(A) For purposes of enforcement of this chapter, the commissioner or any of his authorized agents upon presenting appropriate credentials to the owner, operator, or agent in charge, may: (1) enter at reasonable times any factory, warehouse, or establishment in which food or cosmetics are manufactured, processed, packaged, or held for introduction into commerce or after introduction or enter any vehicle being used to transport or hold this food or cosmetics in commerce; (2) inspect at reasonable times and within reasonable limits and in a reasonable manner the factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling and to obtain samples necessary for the enforcement of this chapter; and (3) have access to and to copy all records of carriers in commerce showing the movement in commerce of any food or cosmetic, or the holding of it during or after movement, and the quantity, shipper, and consignee of it. Evidence obtained pursuant to this subsection may not be used in a criminal prosecution of the person from whom obtained. Carriers are not subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of food or cosmetics in the usual course of business as carriers. (B) Upon completion of an inspection of a factory, warehouse, or other establishment, and prior to leaving the premises, the authorized agent making the inspection shall give to the owner, operator, or agent in charge a report in writing setting forth any conditions or practices observed by him which in his judgment indicate that any food or cosmetic in the establishment consists in whole or in part of any filthy, putrid, or decomposed substance or has been prepared, packaged, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health. A copy of the report must be sent promptly to the commissioner. (C) If the authorized agent making an inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. (D) When in the course of an inspection of a factory or other establishment in which food is manufactured, processed, or packaged, the officer or employee making the inspection obtains a sample of the food and analysis is made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid, or decomposed substance or is otherwise unfit for food, a copy of the results of the analysis must be furnished promptly to the owner, operator, or agent in charge. (E) The analytical work necessary for the proper enforcement of this chapter and regulations adopted by the department in regard to food must be undertaken by the department or under the direction of the department. (F) The department may perform laboratory services relating to, or having potential impact on, food safety or the compliance of food with the requirements of this chapter for any person or public agency. Effect of Amendment The 2010 amendment rewrote this section.
S.C. Code Ann. § 39-5-730 — SC Code / Title 39 / Chapter 5 / Article 7 / Section 39-5-730
SECTION 39-5-730. Pyramid promotional schemes prohibited.
Status: in_force

A pyramid promotional scheme is an unfair trade practice pursuant to Section 39-5-20(a), and accordingly, is prohibited in this State.
S.C. Code Ann. § 39-9-150 — SC Code / Title 39 / Chapter 9 / Section 39-9-150
SECTION 39-9-150. Delivery ticket must accompany certain bulk sales and bulk deliveries; information to be contained on ticket.
Status: in_force

Bulk sales in which the buyer and seller both are not present to witness the measurement, bulk deliveries of heating fuel, other bulk sales specified by regulation of the Department of Agriculture must be accompanied by a delivery ticket containing the following information: (1) name and address of the vendor and purchaser; (2) date delivered; (3) quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity including, but not limited to, temperature compensated sales; (4) unit price unless otherwise agreed upon by the buyer and seller; (5) identity in the most descriptive terms commercially practicable including quality representation made in connection with the sale; (6) count of individually wrapped packages, if more than one, for commodities bought from bulk but delivered in packages. Effect of Amendment The 1994 amendment revised this section.
S.C. Code Ann. § 39-35-60 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-60
SECTION 39-35-60. Substitutes must be plainly marked.
Status: in_force

Every person who lawfully manufactures any substance designed to be used as a substitute for butter or for cheese shall mark by branding, stamping or stenciling upon the top side of each tub, box or other vessel in which such substitute shall be kept or in which it shall be removed from the place where it is produced, in a clear and durable manner, in the English language, the words, "substitute for butter" or "substitute for cheese," as the case may be, in printed letters in plain roman type, each of which shall be not less than one inch in height and one-half inch in breadth.
S.C. Code Ann. § 39-17-60 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-60
SECTION 39-17-60. Packing of farm products must conform to standard grades; "Not graded" products exempted.
Status: in_force

Whenever any standard for the grade or other classification of any farm product becomes effective under this article no person shall thereafter pack for sale, offer to sell or sell within this State any such farm product to which such standard is applicable unless it conforms to the standard, subject to such reasonable variations therefrom as may be allowed in the rules and regulations made under this article. But any farm product may be packed for sale, offered for sale or sold without conforming to the standard for grade or other classification applicable thereto if it is especially described as not graded or plainly marked "Not graded."
S.C. Code Ann. § 39-59-130 — SC Code / Title 39 / Chapter 59 / Section 39-59-130
SECTION 39-59-130. Limitations period.
Status: in_force

Any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the facts constituting a violation of the provisions of this chapter.
S.C. Code Ann. § 39-25-115 — SC Code / Title 39 / Chapter 25 / Section 39-25-115
SECTION 39-25-115. Finding of contamination; temporary regulation; access to factories for inspection.
Status: in_force

(A) When the commissioner finds, upon investigation, that the distribution in South Carolina of any class of food may, by reason of contamination with microorganisms during manufacturing, processing, or packaging in any locality, be injurious to human health and that the injurious nature cannot be adequately traced back after the articles have entered commerce, he shall promulgate regulations providing for the issuance to manufacturers, processors, or packagers of the class of food in the locality of permits to which must be attached the conditions governing the manufacturing, processing, or packaging of the class of food, for the temporary period of time as may be necessary to protect the public health. After the effective date of the regulations and during the temporary period, a person may not introduce or deliver for introduction into commerce any food manufactured, processed, or packaged by any manufacturer, processor, or packager unless the manufacturer, processor, or packager holds a permit issued by the commissioner as provided by the regulations. (B) An officer or employee duly designated by the commissioner shall have access to a factory or establishment, the operator of which holds a permit from the Department of Agriculture, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for the inspection is grounds for suspension of the permit until the access is freely given by the owner or operator.
S.C. Code Ann. § 39-29-60 — SC Code / Title 39 / Chapter 29 / Section 39-29-60
SECTION 39-29-60. Seizure of corn meal or corn grits; release upon compliance.
Status: in_force

Whenever the Commissioner has probable cause to believe that any corn meal or corn grits has been sold, offered for sale or exchanged in violation of any of the provisions of this chapter, he may seize and affix to such product a notice to that effect, detaining the product and warning all persons not to dispose of it by sale or otherwise without his permission. It shall be a violation of this chapter, subject to the penalties set forth in Section 39-29-100, for any person to dispose of such product by sale or otherwise without such permission. The Commissioner may, in his discretion, release the corn meal or corn grits for feed purposes or for shipment out of the State or for human consumption, if brought into compliance with this chapter, and upon payment of all costs or expenses incurred in any proceeding connected with such seizure and withdrawal.
S.C. Code Ann. § 39-77-20 — SC Code / Title 39 / Chapter 77 / Section 39-77-20
SECTION 39-77-20. Definitions.
Status: in_force

As used in this chapter: (1) "Audiovisual works" means works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. (2) "Commercial recording or audiovisual work" means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate such recording or audiovisual work for sale, for rental, or for performance or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. A recording or audiovisual work may be commercial regardless of whether a person who electronically disseminates it seeks commercial advantage or private financial gain from the dissemination. (3) "Electronic dissemination" means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the Internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work. (4) "Website" means a set of related web pages served from a single web domain. The term does not include a home page or channel page for the user account of a person who is not the owner or operator of the website upon which such user home page or channel page appears.
S.C. Code Ann. § 39-5-880 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-880
SECTION 39-5-880. Cease and desist orders.
Status: in_force

Upon satisfactory evidence that a provider has violated or failed to comply with a provision of this article or regulation promulgated pursuant to the authority of this article, the department may issue an order requiring the provider to cease and desist from engaging in the violation, requiring the provider to pay an administrative penalty or issue a refund to the consumer, denying, revoking, or suspending the provider's registration, or a combination thereof.
S.C. Code Ann. § 39-33-1320 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1320
SECTION 39-33-1320. Penalties.
Status: in_force

Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, for the first offense shall be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned not less than ten days nor more than thirty days, in the discretion of the court, and for the second or any subsequent offense shall be fined not less than one hundred dollars nor more than two thousand dollars or be imprisoned for not less than thirty days nor more than two years, or be both fined and imprisoned, in the discretion of the court.
S.C. Code Ann. § 39-5-36 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-36
SECTION 39-5-36. Resale of tickets for more than original price.
Status: in_force

(A) A person or firm who knowingly purchases a quantity of tickets for admission to an event which exceeds the maximum quantity posted by or on behalf of the original ticket seller at the point of original sale or printed on the tickets and intends to resell the tickets in excess of one dollar above the price charged by the original ticket seller violates the South Carolina Unfair Trade Practices Act and is subject to its provisions, penalties, and damages. (B) A person or firm who violates the provisions of Section 16-17-710(A) is subject to the provisions, penalties, and damages of the South Carolina Unfair Trade Practices Act. (C) A person or firm is not liable pursuant to this section with respect to tickets for which the person or firm is the original ticket seller. (D) For purposes of this section, the term "original ticket seller" means the issuer of the tickets or a person or firm who provides ticket distribution services or ticket sales service under a contract with the issuer.
S.C. Code Ann. § 39-57-60 — SC Code / Title 39 / Chapter 57 / Section 39-57-60
SECTION 39-57-60. Seller prohibited from certain representations and acts.
Status: in_force

Business opportunity sellers shall not: (1) Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchaser at the time such representations are made; (2) Use the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity; (3) Make or authorize the making of any reference to its compliance with this article in any advertisement or other contact with prospective purchasers other than by setting forth the registration number as provided in Section 39-57-50(b); (4) Identify any person as having profited from the business opportunity offered without providing a current address of such person, a description of the circumstances under which the profit was earned and disclosure of any interest held by such person in the business opportunity offered by seller.
S.C. Code Ann. § 39-33-1720 — SC Code / Title 39 / Chapter 33 / Article 15 / Section 39-33-1720
SECTION 39-33-1720. Sale or delivery of certain milk is unlawful.
Status: in_force

It shall be unlawful for any person knowingly to sell, expose for sale or deliver for domestic use or to be converted into any product of human food whatsoever any (a) unclean, impure, unwholesome, adulterated or skimmed milk, (b) milk from which has been held back what is known as strippings or (c) milk taken from an animal having disease, sickness, ulcers or abscesses. But this section shall not prohibit the sale of buttermilk or of skimmed milk when sold as such. For the purposes of this section, milk which is proven by any reliable test or analysis to contain less than three per cent of butterfat and eight and one-half per cent solids other than butterfat shall be regarded as "skimmed milk." The Commissioner of Agriculture and all inspectors and chemists employed under Chapter 27 of Title 46 shall be charged with the enforcement of this section.
S.C. Code Ann. § 39-5-147 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-147
SECTION 39-5-147. Charitable solicitations during emergencies; penalty.
Status: in_force

(A) 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 solicit the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading. (B) Upon a declaration of a state of disaster by the President, in which the disaster areas include 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 to solicit in this State the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading. (C) These prohibitions remain in effect until the declaration of emergency or disaster expires or is terminated. (D) In addition to all other remedies provided in this article, a person who wilfully violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days.
S.C. Code Ann. § 39-75-230 — SC Code / Title 39 / Chapter 75 / Article 5 / Section 39-75-230
SECTION 39-75-230. Liability for violations of this chapter.
Status: in_force

The provisions contained in this article do not limit the liability pursuant to Chapter 73, Title 15 for businesses that sell used tires in violation of this chapter.
S.C. Code Ann. § 39-49-60 — SC Code / Title 39 / Chapter 49 / Section 39-49-60
SECTION 39-49-60. Unauthorized retention of marked battery of another; demand for possession.
Status: in_force

It is unlawful for any person to retain in his possession for a longer period than ten days, without the written consent of the owner, any rental battery marked as such by the owner, as provided by Section 39-49-20. Demand must be made on any person who so retains a rental battery in his possession at least five days before a prosecution can be instituted. Proof of a registered letter having been sent to the person so offending at his last known address shall be accepted as conclusive evidence of such demand.
S.C. Code Ann. § 39-3-360 — SC Code / Title 39 / Chapter 3 / Article 5 / Section 39-3-360
SECTION 39-3-360. Powers of referee.
Status: in_force

A referee appointed as provided in this article shall have all the powers and be subject to all the duties of a referee appointed under Chapter 31 of Title 15, so far as practicable, and may punish for contempt a witness duly served as prescribed in Section 39-3-330 for nonattendance or refusal to be sworn or testify or to produce books, papers and documents according to the direction of the endorsements aforesaid in the same manner and to the same extent as a referee appointed to hear, try and determine an issue of fact or of law.
S.C. Code Ann. § 39-6-120 — SC Code / Title 39 / Chapter 6 / Section 39-6-120
SECTION 39-6-120. Agreements covered by provisions of chapter.
Status: in_force

The provisions of this chapter apply to all written and oral agreements between a manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division and an equipment dealer including, but not limited to, the dealership agreement, goods and services sales contracts, advertising contracts, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, construction or installation contracts, servicing contracts, and all other agreements in which the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division has any direct or indirect interest.
S.C. Code Ann. § 39-5-540 — SC Code / Title 39 / Chapter 5 / Article 5 / Section 39-5-540
SECTION 39-5-540. Waiver of blind bidding prohibited.
Status: in_force

If the first run exhibitors within any county in this State desire to waive the provisions of this article for the purpose of blind bidding on a movie to be shown within that county, the exhibitors may waive the provisions and blind bid if all exhibitors within that county who exhibit first run movies agree in writing to such waiver; and the distributors shall have the right to request waivers from any and all first run exhibitors.
S.C. Code Ann. § 39-9-160 — SC Code / Title 39 / Chapter 9 / Section 39-9-160
SECTION 39-9-160. Information on packages.
Status: in_force

Except as otherwise provided in this chapter or by regulations promulgated pursuant to it, a random or standard package kept for the purpose of sale or offered or exposed for sale must bear on the outside of the package a definite, plain, and conspicuous declaration of: (1) identity of the commodity in the package, unless it easily may be identified through the wrapper or container; (2) quantity of contents in terms of weight, measure, or count; (3) name and place of business of the manufacturer, packer, or distributor for a package kept, offered, or exposed for sale in a place other than on the premises where packed. Effect of Amendment The 1994 amendment substituted "a random or standard package" for "any package", changed designators (a)-(c) to (1)-(3), and made grammatical changes.
S.C. Code Ann. § 39-75-140 — SC Code / Title 39 / Chapter 75 / Article 3 / Section 39-75-140
SECTION 39-75-140. Waste tire haulers; decals; fees.
Status: in_force

(A) A waste tire hauler must affix to its hauling vehicle a decal displaying the waste tire hauler's registration or identification number and the decal's expiration date. The decal must be conspicuously displayed on the rear of the vehicle. The decal shall be designed and issued by the department to the waste tire haulers upon approval of applications for registration or renewal as provided in regulation. The department may charge a fee to defray the cost of the decal. (B) A waste tire hauler transferring waste tires with an expired decal shall be subject to a delinquency penalty fee to the department of: (1) if the waste tire hauler is delinquent less than fifteen days, ten dollars; (2) if the waste tire hauler is delinquent by fifteen days but less than thirty days, twenty-five dollars; (3) if the waste tire hauler is delinquent by more than thirty days but less than ninety days, fifty dollars; or (4) if the waste tire hauler is delinquent by more than ninety days, seventy-five dollars.
S.C. Code Ann. § 39-5-530 — SC Code / Title 39 / Chapter 5 / Article 5 / Section 39-5-530
SECTION 39-5-530. Contents of invitation to bid; examination of bids; rebids.
Status: in_force

If bids are solicited from exhibitors for the licensing of a motion picture in the State: (a) The invitation to bid shall specify (1) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run and the geographic area for each run; (2) the names of all exhibitors who are being individually solicited; (3) the date and hour the invitation to bid expires and (4) the location, including the address, where the bids will be opened at the distributor's place of business in the film exchange center. (b) All bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors or their agents. (c) After being opened, bids shall be subject to examination by exhibitors or their agents. Within seven days, exclusive of Saturday and Sunday, after a bid is accepted, the distributor shall notify in writing each exhibitor who submitted a bid of the terms of the accepted bid and the name of the winning bidder. (d) Once bids are solicited, the distributor shall license the picture only by bidding and must solicit rebids if he does not accept any of the submitted bids.
S.C. Code Ann. § 39-15-440 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-440
SECTION 39-15-440. Transfer, release, or sale of brand or mark; records.
Status: in_force

The owner of any such registered mark or brand may transfer, release or sell it by an instrument in writing evidencing such transfer, release or sale and, upon application to the Secretary of State when such mark or brand is registered for the recordation of such instrument in writing and upon the filing of it with the Secretary and the payment of a fee of two dollars, the Secretary shall cause such instrument of transfer, release or sale to be placed on record in a book provided and kept by him for that purpose and certificates of such transfer, upon application therefor, shall be issued by him in like manner, upon the payment of like fees, as provided for the issuance of certificates under the provisions of Section 39-15-430.
S.C. Code Ann. § 39-1-80 — SC Code / Title 39 / Chapter 1 / Section 39-1-80
SECTION 39-1-80. Industrial hygiene and safety professionals; certification requirements; penalties.
Status: in_force

(A) As used in this section: (1) "American Board of Industrial Hygiene" means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, examination, and maintenance requirements. (2) "Board of Certified Safety Professionals" means a nonprofit corporation established to improve the practice and educational standards of the profession of safety by certifying individuals who meet its education, experience, examination, and maintenance requirements. (3) "Certified Industrial Hygienist" means a person who has received the designation "Certified Industrial Hygienist" by the American Board of Industrial Hygiene and whose certification has not lapsed or been revoked. (4) "Certified safety professional" means a person who has been certified by the Board of Certified Safety Professionals and whose certification has not lapsed. (5) "Industrial hygiene" means the science and art devoted to the anticipation, recognition, evaluation, and control of those environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers and that may also impact the general community. (6) "Safety profession" means the science and discipline concerned with the preservation of human and material resources through the systematic application of principles drawn from such disciplines as engineering, education, chemistry, the physical and biological sciences, ergonomics, psychology, physiology, enforcement, and management for anticipating, identifying and evaluating potentially hazardous systems, conditions, and practices; developing, implementing, administering, and advising others on hazard design, methods, procedures, and programs. (B)(1) A person may not wilfully practice or offer to practice as a certified industrial hygienist, or use in any advertisement or on a business card or letterhead, or make any other verbal or written communication that the person is a certified industrial hygienist or acquiesce in such a representation, unless that person is certified as an industrial hygienist by the American Board of Industrial Hygiene. (2) A person may not wilfully practice or offer to practice as a certified safety professional, or use in any advertisement or on a business card or letterhead or make any other verbal or written communication that the person is a certified safety professional or acquiesce in such a representation, unless that person is certified as a safety professional by the Board of Certified Safety Professionals. (3) A person who violates subsection(B)(1) or (2) is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned for not less than thirty days or more than six months, or both. Each violation constitutes a separate offense, and each day's violation constitutes a separate offense. (4) A person may file a suit in equity with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, alleging the facts and paying for a temporary restraining order or a permanent injunction against one whose conduct appears to violate subsection (B)(1) or (2), commanding him to obey the law and to desist from any further misrepresentation. This injunctive relief is in addition to any other remedy or criminal prosecution for violation of subsection (B)(1) or (2). It is not necessary to establish the absence of an adequate remedy at law. (C) An entity of state or local government may not by rule, regulation, or otherwise prohibit or restrict the practice of industrial hygiene or safety by individuals practicing within the scope of "industrial hygiene" or "safety profession" so long as the individual does not use the title, initials, or represent himself to the public as a "certified industrial hygienist" or a "certified safety professional". (D) The State is not liable for the misrepresentation of credentials of an employee while engaged in the duties of a governmental employee, unless wilful on behalf of the employee. Editor's Note 2004 Act No. 235, SECTION 1, provides as follows: "This act may be cited as the 'Certified Industrial Hygiene and Certified Safety Profession Title Protection Act'."
S.C. Code Ann. § 39-69-50 — SC Code / Title 39 / Chapter 69 / Section 39-69-50
SECTION 39-69-50. Sale of dies, molds, forms, or patterns; written notice; publication; sale in excess of lien.
Status: in_force

(A) Before a molder may sell a die, mold, form, or pattern, the molder shall notify the customer by registered mail, return receipt requested. The notice must include the following information: (1) the molder's intention to sell the die, mold, form, or pattern thirty days after the customer's receipt of the notice; (2) a description of the die, mold, form, or pattern to be sold; (3) the time and place of the sale; (4) an itemized statement for the amount due. (B) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice must include a description of the die, mold, form, or pattern. (C)(1) If the sale is for a sum greater than the amount of the lien, the excess must be paid to a prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer's address is known, or the State Treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale. (2) A sale must not be made under this section if it would be in violation of any right of a customer under federal patent or copyright law.
S.C. Code Ann. § 39-9-200 — SC Code / Title 39 / Chapter 9 / Section 39-9-200
SECTION 39-9-200. Unlawful acts.
Status: in_force

No person may: (1) use or have in possession for use in commerce an incorrect weight or measure; (2) sell or offer for sale for use in commerce an incorrect weight or measure; (3) remove a tag, seal, or mark from a weight or measure without specific written authorization from the proper authority; (4) hinder or obstruct a weights and measures official in the performance of his duties; (5) violate this chapter or regulations promulgated pursuant to it. Effect of Amendment The 1994 amendment deleted the opening paragraph containing penalty provisions, redesignated (a), (b) and (c) as (1), (3), and (4), added (2) and (5), and made grammatical changes.
S.C. Code Ann. § 39-39-122 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-122
SECTION 39-39-122. Maintenance of records and invoices; egg purchases and sales; facility inspections.
Status: in_force

Wholesalers, distributors, and retailers shall maintain records and invoices of their egg purchases for a period of at least ninety days. These records and invoices must show the person or firm to whom the sale was made, the address of the person or firm, and the kind and quantity of eggs involved in the sale, except that this section does not require the filing of a copy of the invoice of a sale to a consumer. The commissioner or his authorized representative may enter, during regular business hours, the place of any producer, wholesaler, retailer, retail establishment, institution, institutional user, warehouse, cold storage house, or other storage places, trucks, or carriers where eggs are stored and inspected.
S.C. Code Ann. § 39-9-100 — SC Code / Title 39 / Chapter 9 / Section 39-9-100
SECTION 39-9-100. Powers and duties of county and municipal weights and measures officials.
Status: reserved

Weights and measures officials appointed for a county or municipality have the duties and powers enumerated in this chapter, except duties and powers reserved to the State by law or regulation. These powers and duties extend to their respective jurisdictions, except the jurisdiction of a county official does not extend to a municipality for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or in conflict with state requirements. Effect of Amendment The 1994 amendment rewrote this section.
S.C. Code Ann. § 39-31-60 — SC Code / Title 39 / Chapter 31 / Section 39-31-60
SECTION 39-31-60. Labeling of rice.
Status: in_force

It shall be unlawful for any person, except as provided in this chapter, to sell, offer for sale or exchange for any services or goods, in this State any rice or bulk rice which is not labeled in accordance with such requirements as may be prescribed by the Commissioner as provided in Section 39-31-100. All containers of rice offered for sale for human consumption shall be conspicuously labeled "Do not rinse before or drain after cooking." All containers of bulk rice offered for sale for human consumption shall be conspicuously labeled "Do not drain after cooking."