S.C. Code Ann. § 39-17-310 — SC Code / Title 39 / Chapter 17 / Article 3 / Section 39-17-310
SECTION 39-17-310. Standards for grades of watermelons; grading is optional.
Status: in_force

All watermelons shipped in carload lots from any point within this State as "Graded Melons" shall be graded according to the following standard, that is to say: Grade 1 shall weigh not less than 44 pounds with car average of not less than 46 pounds; Grade 2 shall weigh not less than 40 pounds with car average of not less than 42 pounds; Grade 3 shall weigh not less than 36 pounds with car average of not less than 38 pounds; Grade 4 shall weigh not less than 32 pounds with car average of not less than 34 pounds; Grade 5 shall weigh not less than 28 pounds with car average of not less than 30 pounds; Grade 6 shall weigh not less than 24 pounds with car average of not less than 26 pounds; and Grade 7 shall weigh not less than 20 pounds with car average of not less than 22 pounds. Such melons of whatever grade shall have been picked from live vines of a merchantable quality and shall be ripe, free from rotten ends, and from necks and blisters. The grading of watermelons, as aforesaid, shall be optional with the shippers.
S.C. Code Ann. § 39-41-210 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-210
SECTION 39-41-210. Reports.
Status: in_force

The Commissioner of Agriculture shall include in his report to the General Assembly an account of the operations and expense under this article.
S.C. Code Ann. § 39-17-80 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-80
SECTION 39-17-80. Inspections and classifications.
Status: in_force

The chief of the division of markets may at any time cause such inspections and classifications to be made and such certificates to be issued as he may deem necessary to enforce the provisions of this article. Such inspections shall be made without charge only when no request is made by the grower, shipper, receiver or other party and inspection is made for the purpose of demonstration or for enforcing the provisions of this article.
S.C. Code Ann. § 39-41-530 — SC Code / Title 39 / Chapter 41 / Article 5 / Section 39-41-530
SECTION 39-41-530. Imitation of recognized buildings or equipment of another.
Status: in_force

No person shall disguise or camouflage his buildings or equipment by imitating the design, symbol or trade name of equipment under which recognized brands of liquid fuels, lubricating oils and similar products are generally marketed.
S.C. Code Ann. § 39-11-140 — SC Code / Title 39 / Chapter 11 / Section 39-11-140
SECTION 39-11-140. Certain acts declared misdemeanors.
Status: in_force

Any person shall be guilty of a misdemeanor who does any one of the following acts: (a) Requests a public weighmaster, or any person employed by him, to weigh, or measure any commodity falsely or incorrectly. (b) Requests a false or incorrect certificate of weights and measures. (c) Acts as a public weighmaster or deputy public weighmaster without first being licensed. Effect of Amendment The 1997 amendment, in item (b), deleted "State" preceding "certificate", and rewrote item (c).
S.C. Code Ann. § 39-33-1300 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1300
SECTION 39-33-1300. Duty of prosecuting attorneys regarding enforcement of article.
Status: in_force

It shall be the duty of every prosecuting attorney to whom the Commissioner of Agriculture shall report any violation of the provisions of this article to cause proceedings to be commenced against the persons so violating the provisions of this article and to prosecute them to final termination, according to the laws of the State.
S.C. Code Ann. § 39-8-130 — SC Code / Title 39 / Chapter 8 / Section 39-8-130
SECTION 39-8-130. Retroactive application of chapter.
Status: in_force

This chapter does not apply to a misappropriation occurring before July 1, 1997, or a continuing misappropriation that began before July 1, 1997.
S.C. Code Ann. § 39-41-360 — SC Code / Title 39 / Chapter 41 / Article 3 / Section 39-41-360
SECTION 39-41-360. Penalties.
Status: in_force

Any person violating any of the provisions of this article shall, for each offense, be guilty of a misdemeanor and punishable, for the first offense, by a fine of not less than twenty dollars nor more than one hundred dollars or by imprisonment for not less than ten days nor more than thirty days, and for any subsequent offense, by a fine of not less than one hundred dollars nor more than three hundred dollars or by imprisonment for not less than thirty days nor more than ninety days.
S.C. Code Ann. § 39-22-90 — SC Code / Title 39 / Chapter 22 / Section 39-22-90
SECTION 39-22-90. Prohibited acts; penalties.
Status: in_force

(A) It is unlawful for: (1) the manager or owner of a warehouse or an agent or employee to issue or aid in issuing a receipt for a commodity, knowing that the commodity has not been actually placed in the warehouse under the control of the manager or owner of the commodity; (2) a person to induce a warehouseman to issue a receipt for a commodity, knowing that the commodity has not been actually placed in the warehouse under the control of the manager or owner of the commodity; (3) a person to knowingly issue a warehouse receipt in a name other than that of the lawful owner of the commodity, or his designee, for which the receipt is given; (4) a person to knowingly deliver an agricultural commodity to a warehouse or dealer on which a lien is outstanding without giving written notice to the warehouseman or dealer of the lien; (5) a person to induce a warehouseman to deliver a commodity without first obtaining warehouse receipts issued for it; (6) a manager, owner, or employee of a warehouse to knowingly deliver a commodity without first obtaining warehouse receipts issued for it; (7) a warehouse auditor who, upon the auditing of a warehouse in the state warehouse system, finds items (2) and (5) of this section to have been violated to fail to report the violation on his regular report of the inspection, regardless of whether or not the violation is corrected before the report is filed; (8) a person to issue or aid in issuing a duplicate or additional receipt for cotton or other commodity, knowing that the former receipt or any part of it is outstanding unless a receipt has become lost or destroyed and the goods are delivered or a duplicate receipt is issued in accordance with the provisions of law covering those cases. (9) a warehouseman to issue an electronic warehouse receipt without providing written notice to the depositor of such issuance, or for a warehouseman to transfer any such electronic warehouse receipt without the depositor having consented thereto in writing on a form provided by the commissioner. (B) A person who violates the provisions of item (1), (2), (3), (4), or (9) of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both. Each transfer of an electronic warehouse receipt in violation of item (9) is a separate offense. A person who violates the provisions of item (5) or (6) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. A person who violates the provisions of item (7) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, for each violation. A person who violates the provisions of item (8) of this section is guilty of forgery and, upon conviction, must receive the penalty provided for a conviction of that crime. Effect of Amendment The 1993 amendment rewrote subsection (B) so as to change portions from misdemeanors to felonies and the maximum term of imprisonment to conform to the new crime classification system. The 1998 amendment, in subsection (A), added item (9) requiring written notice to depositors for electronic warehouse receipts; and in the first paragraph of subsection (B), inserted a reference to item (9) of subsection (A) and added the last sentence providing that each violation of item (9) is a separate offense.
S.C. Code Ann. § 39-79-100 — SC Code / Title 39 / Chapter 79 / Section 39-79-100
SECTION 39-79-100. South Carolina-Ireland Trade Commission; membership; duties.
Status: in_force

(A) There is established the "South Carolina-Ireland Trade Commission" which is created to advance bilateral trade and investment between South Carolina and Ireland. The trade commission shall consist of fifteen members to be appointed as follows: (1) four members appointed by the Speaker of the House of Representatives, two of whom must be members of the House of Representatives; (2) four members appointed by the President of the Senate, two of whom must be members of the Senate; and (3) seven members appointed by the Governor: (a) the Secretary of the Department of Commerce or his designee; (b) the Commissioner of Agriculture or his designee; (c) two representatives of state institutions of higher education; (d) two members representing Irish Americans in South Carolina or Irish-American communities; and (e) one representative of a South Carolina business organization or a trade organization. (B) The members of the commission must be appointed for terms of four years each and until their successors are appointed and qualify, except that the seven members appointed by the Governor shall serve initial terms of two years each, the four members appointed by the President of the Senate shall serve initial terms of three years each, and the four members appointed by the Speaker shall serve initial terms of four years each. Members may be reappointed and must include: (1) the Secretary of the Department of Commerce or his designee; (2) the Commissioner of Agriculture or his designee; (3) one representative of a state institution of higher education; (4) at least two members representing Irish Americans in South Carolina or Irish-American communities; and (5) one representative of a South Carolina business organization or a trade organization. (C) All appointments must be made no later than ninety days following the date of enactment of this act. A vacancy in the membership of the commission must be filled in the same manner as the original appointment was made. (D) Members of the commission shall serve without compensation but may be reimbursed for expenses actually incurred in the performance of their duties, within the limit of funds appropriated to the commission or otherwise made available to it for its purposes. (E) The commission shall meet and hold hearings at the places it designates throughout the State. (F) The Governor shall designate a chairperson or co-chairpersons from among the members of the commission, who shall serve in that capacity at the pleasure of the Governor. The chairperson or co-chairpersons, as appropriate may appoint from among the commission members subcommittees or subcommittee chairpersons at their discretion. A majority of the members of the commission shall constitute a quorum for the transaction of the business of the commission. (G)(1) The purpose of the South Carolina-Ireland Trade Commission is to: (a) advance bilateral trade and investment between South Carolina and Ireland; (b) initiate joint action on policy issues of mutual interest to South Carolina and Ireland; (c) promote business and academic exchanges between South Carolina and Ireland; (d) encourage mutual economic support between South Carolina and Ireland; (e) encourage mutual investment in the infrastructure of South Carolina and Ireland; and (f) address such other issues as determined by the commission. (2) The commission shall report its findings, results, and recommendations to the Governor, and the General Assembly pursuant to this chapter, within one year of its initial organizational meeting and by February first of each succeeding year for the activities of the preceding calendar year. The report must be in writing and include recommendations as is considered appropriate by the commission to effectuate its purpose, as provided by this section. (3) The South Carolina-Ireland Trade Commission is authorized to raise funds, through direct solicitation or other fundraising events, alone or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, governmental agencies, and public and private organizations and institutions, to defray the commission's administrative expenses and to carry out its purposes as set forth in this chapter. The funds, gifts, grants, or bequests received pursuant to this section must be deposited in an account with the State Treasurer and allocated and annually appropriated to the Department of Commerce to defray the commission's administrative expenses and carry out its purposes. The Department of Commerce may use funds appropriated for Foreign Operations to fund the administrative expenses and carry out the purposes of the commission to the extent that sufficient nonappropriated funds are not available. Foreign Operations appropriations may also be used for any nonadministrative expenses of the commission with approval of the Secretary of Commerce. Expenditures made for the purposes of administering the commission and fulfilling its purposes shall be exempt from the provisions of Title 11, Chapter 35 of the Code.
S.C. Code Ann. § 39-59-100 — SC Code / Title 39 / Chapter 59 / Section 39-59-100
SECTION 39-59-100. Warranty claims.
Status: in_force

All warranty claims made by the retailer to the wholesaler, manufacturer, or distributor, for labor and parts must be paid within thirty days following their approval. All warranty claims must be either approved or disapproved within thirty days after their receipt, and any claim not specifically disapproved in writing within thirty days after the receipt must be construed to be approved and payment must follow within thirty days. Any part that is subject to a warranty claim and the retailer is required by the manufacturer to hold a part or parts for inspection, the inspection must be accomplished within sixty days from the date of the filing of the subject claim, otherwise the retailer has the right to scrap such parts without prejudicing the claim.
S.C. Code Ann. § 39-53-130 — SC Code / Title 39 / Chapter 53 / Section 39-53-130
SECTION 39-53-130. Persons exempt from payment of fees.
Status: in_force

No fee shall be charged for the registration and licensing of an individual blind person who manufactures and sells products of his own labor.
S.C. Code Ann. § 39-37-50 — SC Code / Title 39 / Chapter 37 / Section 39-37-50
SECTION 39-37-50. Labels on ice-milk packages or wrappers; signs in ice-milk establishments.
Status: in_force

Ice milk, when sold in package or wrapper, shall be labeled in plain legible type, not less than eight point, with the words "Ice Milk." This shall not include the containers used when ice milk is drawn in front of the customers' eyes. A sign on a white card with letters not less than four inches in height and two inches in width containing the words "Ice Milk Sold Here" shall be posted by the vendor in a conspicuous place in the salesroom in every establishment where ice milk is sold, except that the sign shall not be required in those establishments selling only ice-milk items in packages or wrappers, each item of which is labeled in plain legible letters, not less than eight point type, with the words "Ice Milk."
S.C. Code Ann. § 39-6-170 — SC Code / Title 39 / Chapter 6 / Section 39-6-170
SECTION 39-6-170. Venue provisions in contract.
Status: in_force

A contract entered into after July 1, 2000 and covered by this chapter, may not establish requirements for venue and jurisdiction.
S.C. Code Ann. § 39-25-80 — SC Code / Title 39 / Chapter 25 / Section 39-25-80
SECTION 39-25-80. Minor violations of chapter.
Status: in_force

Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
S.C. Code Ann. § 39-37-100 — SC Code / Title 39 / Chapter 37 / Section 39-37-100
SECTION 39-37-100. Review of revocation, suspension, or refusal to grant license; appeals.
Status: in_force

The action of the Department of Agriculture in refusing to grant a license or in revoking or suspending a license is subject to review by the Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D). An appeal from the decision of the Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review." Effect of Amendment The 1999 amendment changed the appeal provisions at the end of the section to refer to the Appellate Court Rules. The 2006 amendment in the first sentence substituted "Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D)" for "court of common pleas in the county in which the aggrieved party resides", in the second sentence substituted "Administrative Law Court must" for "circuit court shall"; and made nonsubstantive changes throughout.
S.C. Code Ann. § 39-15-1105 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1105
SECTION 39-15-1105. Definitions.
Status: in_force

As used in this article: (1) "Applicant" means the person filing an application for registration of a mark under this article and the legal representatives, successors, or assigns of that person. (2) "Dilution" means the lessening of the capacity of a registrant's mark to identify and distinguish goods or services, regardless of the presence or absence of competition between the parties or the likelihood of confusion, mistake, or deception. (3) "Mark" includes a trademark or service mark entitled to registration under this article whether registered or not. (4) "Person" and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this article includes a juristic person, as well as a natural person. The term "juristic person" includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law. (5) "Registrant" means the person to whom the registration of a mark under this article is issued and the legal representatives, successors, or assigns of that person. (6) "Secretary" means the Secretary of State or the designee of the secretary charged with the administration of this article. (7) "Service mark" means a word, name, symbol, or device or any combination of these used by a person to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs, motion pictures, newspapers, or magazines may be registered as service marks notwithstanding that they or the programs, may advertise the goods of the sponsor. (8) "Trade name" means a name used by a person to identify a business or vocation of that person. (9) "Trademark" means a word, name, symbol, or device or any combination of these used by a person to identify and distinguish the goods of that person, including a unique product, from those manufactured and sold by others and to indicate the source of the goods, even if that source is unknown. "Trademark" also means, but is not limited to, the symbol, emblem, sign, insignia, or any combination thereof, of the United States Olympic Committee or the International Olympic Committee. (10) "Use" means the bona fide use of a mark in the ordinary course of trade and not made merely to reserve a right in a mark. For the purposes of this article, a mark is considered in use: (a) on goods when it is placed in any manner on the: (i) goods or other containers or the displays associated with the goods or containers; (ii) tags or labels affixed to the goods or containers; or (iii) if the nature of the goods makes placement impracticable, then on documents associated with the goods or other sale and the goods are sold or transported in commerce in this State; and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this State. For purposes of this article, a mark is considered "abandoned" when: (i) its use has been discontinued with intent not to resume that use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years constitutes prima facie evidence of abandonment; or (ii) a course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark. Effect of Amendment The 1995 amendment revised the definition in paragraph (9) so as to provide that "trademark" also means, but is not limited to, the symbol, emblem, sign, insignia, or any combination of these, of the United States Olympic Committee or the International Olympic Committee.
S.C. Code Ann. § 39-39-110 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-110
SECTION 39-39-110. Definitions.
Status: in_force

As used in this chapter: (1) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs. (2) "Candle" means to determine the interior quality of eggs based on the use of a candling light as defined in the federal standards. (3) "Consumer" means a person using eggs for food and includes restaurants, hotels, cafeterias, hospitals, state institutions, and other establishments serving food to be consumed or produced on the premises but does not include the armed forces or other federal agency or institution. (4) "Eggs" means the shell eggs of a domesticated chicken, turkey, duck, goose, or guinea hen. (5) "Label" means the display of any printed, graphic, or other method of identification on the shipping container or on the immediate container including, but not limited to, an individual consumer package of eggs. (6) "South Carolina eggs" means eggs produced in this State. (7) "Producer" means a person engaged in the business of producing and marketing eggs laid on his farm. (8) "Retailer" means a person, firm, or corporation selling or offering for sale eggs to consumers in this State. (9) "Distributor" means a person offering for sale or distributing eggs in this State to a retailer, cafe, restaurant, or other establishment serving eggs to the public or to an institutional user. It includes a person distributing eggs to his own retail outlet but does not include a person engaged to haul or transport eggs nor a producer. (10) "Wholesaler" means a person engaged in the business of buying or receiving eggs from producers or other persons on his own account and selling or transferring eggs to other wholesalers, processors, retailers, or other persons and consumers. A wholesaler further means a person engaged in producing eggs from his own flock and disposing of a portion of this production on a graded basis. (11) "Person" means any individual, partnership, association, business trust, corporation, or organized group of persons, whether incorporated or not. (12) "Sell" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade. Effect of Amendment The 1994 amendment revised this section, deleting a definition of "case". The 2005 amendment added the definitions of "Ambient temperature", "Candle", "Consumer", "Label", "Wholesaler", "Person" and "Sell"; in the definition of "Eggs", substituted "shell" for "unprocessed", added "turkey, duck, goose, or guinea" and deleted "while they are still in the shell" following "hen"; in the definition of "Producer", substituted "engaged in the business of producing and marketing eggs laid on his farm" for "selling no eggs other than those eggs produced by his own flock"; and redesignated the items to accommodate the added definitions.
S.C. Code Ann. § 39-59-30 — SC Code / Title 39 / Chapter 59 / Section 39-59-30
SECTION 39-59-30. Repurchase of inventory within ninety days; handling costs.
Status: in_force

The wholesaler, manufacturer, or distributor shall repurchase the inventory previously purchased from him and held by the retailer within ninety days of the date of termination of the contract by either party. The wholesaler, manufacturer, or distributor shall pay one hundred percent of the net cost of all new, unsold, undamaged, and complete farm implements, machinery, utility, and industrial equipment, and attachments, ninety percent of the current net price of all new, unused, undamaged repair parts, and eighty-five percent of the new price of superseded parts. The wholesaler, manufacturer, or distributor shall pay the retailer five percent of the current net price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. The wholesaler, manufacturer, or distributor may perform the handling, packing, and loading in lieu of paying the five percent for the services.
S.C. Code Ann. § 39-3-120 — SC Code / Title 39 / Chapter 3 / Article 3 / Section 39-3-120
SECTION 39-3-120. Monopolies declared unlawful.
Status: in_force

A monopoly is declared to be unlawful and against public policy and all persons engaged therein shall be guilty of a conspiracy to defraud and shall be subject to the penalties prescribed in this article.
S.C. Code Ann. § 39-61-170 — SC Code / Title 39 / Chapter 61 / Section 39-61-170
SECTION 39-61-170. Violations; penalties.
Status: in_force

Any person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or imprisonment for not more than three months, or both.
S.C. Code Ann. § 39-26-70 — SC Code / Title 39 / Chapter 26 / Section 39-26-70
SECTION 39-26-70. Authorized seizure of covered produce.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. If the Commissioner, or any authorized agent of the Commissioner, believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or regulations of the department promulgated pursuant to Section 39-26-50, the Commissioner, or any authorized agent of the Commissioner, is authorized to seize or take possession of the covered produce.
S.C. Code Ann. § 39-19-430 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-430
SECTION 39-19-430. True name of owner or producer of tobacco must be furnished to warehousemen or cooperatives.
Status: in_force

Every person who shall deliver any leaf tobacco to a warehouseman or to a cooperative marketing association for sale, offer for sale or display for sale shall impart to such warehouseman or cooperative marketing association the true name of the owner of such leaf tobacco and, in case the then owner is not the producer or the landlord on whose land such tobacco was produced, the true name of the person from whom he obtained such tobacco and the true name of the grower thereof or of the landlord on whose land it was grown.
S.C. Code Ann. § 39-5-710 — SC Code / Title 39 / Chapter 5 / Article 7 / Section 39-5-710
SECTION 39-5-710. Short title.
Status: in_force

This article must be known and may be cited as the "Pyramid Promotional Scheme Prohibition Act".
S.C. Code Ann. § 39-61-90 — SC Code / Title 39 / Chapter 61 / Section 39-61-90
SECTION 39-61-90. Service of process.
Status: in_force

(a) Serving of process in any action, rule, order, or legal proceeding may be made on any club not domiciled in this State having a certificate of authority to transact business in this State by mailing two copies of the process to the Administrator by registered or certified mail. One copy, certified by the Administrator or his deputy as having been served upon him, is considered sufficient evidence, and service upon the Administrator or his deputy as attorney is considered valid service upon the club. (b) When legal process is served upon the Administrator as attorney for a club not domiciled in this State, he shall forthwith forward one of the duplicate copies of the process served on him to the club. The Administrator shall give immediate notice of process to the club by telephone. As a condition of valid and effective service and of the duty of the Administrator in the premises, the plaintiff in each process shall pay to the Administrator at the time of service the sum of ten dollars, which the plaintiff may recover as taxable costs in the case if he prevails in the suit. The Administrator shall keep a record of all processes, which shall show the day and hour of service and where and by whom served.
S.C. Code Ann. § 39-41-230 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-230
SECTION 39-41-230. Regulations for alcohol used in motor fuels; alcohol to be anhydrous.
Status: in_force

The Department of Agriculture shall promulgate regulations under the provision of Sections 1-23-10 et seq. to ensure the quality of methyl or ethyl alcohol used as motor fuels or in blends with other motor fuel. Alcohol blended with gasoline to produce gasohol shall be anhydrous.
S.C. Code Ann. § 39-54-50 — SC Code / Title 39 / Chapter 54 / Section 39-54-50
SECTION 39-54-50. Availability of other consumer rights and remedies; damages.
Status: in_force

(A) This chapter must not be considered to limit rights or remedies available to a consumer under any other law or contract. (B) A waiver by a consumer of rights under this chapter is void. (C) In addition to pursuing another remedy, a consumer may bring an action to recover for damages caused by a violation of this chapter. The court shall award a consumer who prevails in the action twice the amount of pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.
S.C. Code Ann. § 39-22-60 — SC Code / Title 39 / Chapter 22 / Section 39-22-60
SECTION 39-22-60. Department to accept federal standards and classifications of cotton.
Status: in_force

The Department of Agriculture shall accept as authoritative the standards and classifications of cotton established by the federal government.
S.C. Code Ann. § 39-26-60 — SC Code / Title 39 / Chapter 26 / Section 39-26-60
SECTION 39-26-60. Enforcement of chapter.
Status: in_force

For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) For purposes of enforcement of this chapter, the Commissioner, or any authorized agent of the Commissioner, upon presenting appropriate credentials to the farm's owner, operator, or agent in charge, may: (1) enter at reasonable hours on any farm in which produce is grown, packed, stored or held for introduction into commerce or after introduction or enter any vehicle being used to transport or hold this food in commerce; (2) inspect at reasonable hours and within reasonable limits and in a reasonable manner the farm 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 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 it was obtained. Carriers are not subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of food in the usual course of business as carriers. (B) The Commissioner, or any authorized agent of the Commissioner, shall have access only at reasonable hours to any farm eligible for a qualified exemption in accordance with 21 C.F.R. Section 112.5 for the purpose of: (1) reviewing relevant records to demonstrate that the farm is in compliance with the applicable requirements of 21 C.F.R. Section 112 Subparts A, O, Q, and R; and (2) in the event of an active investigation of a foodborne illness outbreak that is directly linked to the farm, in which case the Commissioner, or any authorized agent of the Commissioner, is authorized to inspect the farm and secure samples or specimens directly relevant to the active investigation.
S.C. Code Ann. § 39-5-830 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-830
SECTION 39-5-830. Registration.
Status: in_force

(1) A person, including a person that is not physically located in this State, may not provide earned wage access in this State unless the person is registered under this article as a provider. This article does not apply to any person doing business under authority of and as permitted by any law of this State or the United States relating to banks, credit unions, savings and loan associations, savings banks, or trust companies. (2) A person required to be registered under subsection (1) shall apply to the department for a registration on a form and in the manner prescribed by the department. The application shall include all of the following information: (a) the name of the provider; (b) the name under which the provider transacts business, if different than listed for item (a); (c) the address of the provider's principal office, which may be outside of this State; (d) the addresses of all of the provider's offices or retail stores, if any, in this State; (e) if the provider provides earned wage access services at a location that is not an office or retail store in this State, a brief description of the manner in which the provider provides earned wage access services; (f) the provider's federal employer identification number; (g) a copy of the policy of the applicant relating to the privacy of information concerning users; (h) a schedule of fees proposed to be charged to a user or employer for the provision of earned wage access services, which must include, without limitation, a statement identifying at least one option for a user to obtain earned wage access services from the applicant at no cost to the user; (i) a statement that the applicant is applying to be registered as an employer-integrated earned wage access provider or a consumer-directed earned wage access provider, or both; and (j) any other information or documentation the department requires to administer this article. (3) Registration is on an annual basis and must be on a form prescribed by the department. The annual renewable period runs from May first until June thirtieth. A provider that files its renewal and annual report on a timely basis may continue operating unless the registration is denied or revoked by the department. (4) The application for a registration pursuant to subsection (2) or renewal pursuant to subsection (3) shall be accompanied by a nonrefundable fee of one thousand dollars payable to the department. All application and renewal fees collected by the department may be retained by the department and used to implement the provisions of this article. (5) A provider shall file with the department, and maintain in force, a surety bond that is issued by a surety company authorized to do business in this State. The surety bond must be: (a) in a form satisfactory to the department; (b) payable to the State for the benefit of a claimant against the provider to secure the faithful performance of obligations of the provider with respect to earned wage access services; (c) in an amount equal to $30,000; and (d) maintained for three years after revocation, denial, or failure to renew the registration. (6) A registration issued pursuant to this article is not transferable or assignable.
S.C. Code Ann. § 39-9-230 — SC Code / Title 39 / Chapter 9 / Section 39-9-230
SECTION 39-9-230. Implementation of metric system; duties of Commissioner of Agriculture; advisory committee.
Status: in_force

The Commissioner of Agriculture has general advisory authority over the implementation of the metric system in this State. To assist in the implementation there is created a nine member advisory committee including the executive officers or their designated staff member from the State Law Enforcement Division, the State Commission on Higher Education, the State Board for Technical and Comprehensive Education, the State Department of Education, the South Carolina Department of Transportation, State Department of Public Safety, the Department of Commerce, one member appointed by the Governor who is associated with the textile industry and serves without compensation, and one member appointed by the Governor from his staff. If a designated member ceases to be on the staff of the state agencies provided in this section, he no longer is a member of the advisory committee, and the executive officer shall serve or designate another member of his staff to serve on the committee. Members of the committee serve until this section and Section 39-9-240 have been implemented fully. The Commissioner of Agriculture, with the assistance and recommendations of the committee, shall: (1) formulate a suggested program necessary to plan for the gradual implementation in the commerce of this State to the metric system; (2) provide to the General Assembly recommendations for achieving conversion of units of measurement as used in this State to the metric system; (3) encourage all state departments, divisions, agencies, boards, and commissions having authority or responsibility in matters concerning standards of weights and measurement to initiate planning for the gradual conversion to and implementation of the metric system of weights and measures of this State. Effect of Amendment The 1993 amendment substituted "Department of Transportation, Department of Public Safety, the Department of Commerce" for "State Department of Highways and Public Transportation, the Alcoholic Beverage Control Commission, the State Development Board". The 1994 amendment made grammatical changes.
S.C. Code Ann. § 39-5-840 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-840
SECTION 39-5-840. Compliance with requirements for providers.
Status: in_force

A provider shall comply with all of the following requirements: (1) The provider shall develop and implement policies and procedures to respond to questions raised by consumers and address complaints from consumers in an expedient manner. (2) The provider shall offer to the consumer at least one reasonable option to obtain proceeds at no cost to the consumer and clearly explain how to elect that no-cost option. (3) Before providing a consumer with earned wage access services, the provider shall provide a consumer with a written paper or electronic document, which can be included as part of the contract to provide earned wage access services, and which meets all of the following requirements: (a) informs the consumer of the terms and conditions of the earned wage access services; (b) clearly and conspicuously describes how the consumer may obtain proceeds at no cost to that consumer; (c) provides a phone number or a website through which consumers can submit complaints about the provider's earned wage access services to the provider and the website and telephone number for the department; (d) is written in a font and using language intended to be easily understood by a layperson; (e) discloses any fees that may be directly imposed by the provider in connection with the provision of earned wage access services. (4) The provider must inform the consumer of the fact of any material changes to the terms and conditions of the earned wage access services before implementing those changes for that consumer, using a font and language intended to be easily understood by a layperson. (5) The provider shall provide proceeds to a consumer via any means mutually agreed upon by the consumer and provider. (6) The provider shall comply with all local, state, and federal privacy and information security laws. (7) If the provider solicits, charges, or receives a tip, gratuity, or other donation from a consumer, the provider shall: (a) clearly and conspicuously disclose to the consumer immediately prior to each transaction that a tip, gratuity, or other donation amount may be zero and is voluntary; (b) clearly and conspicuously disclose in its service contract with the consumer and elsewhere that tips, gratuities, or donations are voluntary and that the offering of earned wage access services, including the amount of proceeds a consumer is eligible to request and the frequency with which proceeds are provided to a consumer, is not contingent on whether the consumer pays any tip, gratuity, or other donation or on the size of the tip, gratuity, or other donation; (c) not mislead or deceive consumers about the voluntary nature of such tips, gratuities, or other donations; and (d) make no representations that tips, gratuities, or other donations will benefit any specific individuals. (8) In any case in which a provider will seek repayment of outstanding proceeds, fees, or other payments, in connection with the activities covered by this article, including voluntary tips, gratuities, or other donations from a consumer's account at a depository institution including via electronic transfer, the provider shall: (a) comply with applicable provisions of the federal Electronic Fund Transfer Act and its implementing regulations; (b) reimburse the consumer for the full amount of any overdraft or non-sufficient funds fees imposed on a consumer by the consumer's depository institution that were caused by the provider attempting to seek payment of any outstanding proceeds, fees, or other payments, in connection with the activities covered by this article, including voluntary tips, gratuities, or other donations, on a date before, or in an incorrect amount from, the date or amount disclosed to the consumer; and (c) not be subject to the requirements in subitem (b) with respect to payments of outstanding amounts or fees incurred by a consumer through fraudulent or other unlawful means. (9) In any case in which a provider will seek repayment of outstanding proceeds, fees, or other payments in connection with the activities covered by this article, including voluntary tips, gratuities, or other donations from a consumer via payroll deduction, the provider's terms and conditions shall inform the consumer that by using the provider's earned wage access services, the consumer consents to repayment from the consumer's employer or its payroll services provider. (10) A provider shall allow a consumer to discontinue receiving services at any time, without imposing a financial penalty on that consumer.
S.C. Code Ann. § 39-15-1135 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1135
SECTION 39-15-1135. Mark and registration, assignment; change of name; recording.
Status: in_force

(A) A mark and its registration under this article is assignable with the good will of the business in which the mark is used or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment is by instruments in writing properly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary who upon recording of the assignment shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal of the registration. An assignment of a registration under this article is void against a subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three months after the date of the assignment or before the subsequent purchase. (B) A registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee a new certificate or registration for the remainder of the term of the registration or last renewal of the registration. (C) Other instruments which relate to a mark registered or application pending pursuant to this article including, but not limited to, licenses, security interests, or mortgages, may be recorded in the discretion of the secretary if the instrument is in writing and properly executed. (D) Acknowledgement is prima facie evidence of the execution of an assignment or other instrument, and when recorded by the secretary, the record is prima facie evidence of execution. (E) A photocopy of an instrument referred to in subsections (A), (B), or (C) must be accepted for recording if it is certified to be a true and correct copy of the original by a party to the instrument or their successors.
S.C. Code Ann. § 39-9-10 — SC Code / Title 39 / Chapter 9 / Section 39-9-10
SECTION 39-9-10. Short title.
Status: in_force

This chapter is entitled the "Uniform Weights and Measures Law". Effect of Amendment The 1994 amendment substituted "is" for "shall be".
S.C. Code Ann. § 39-9-68 — SC Code / Title 39 / Chapter 9 / Section 39-9-68
SECTION 39-9-68. Department of Agriculture Consumer Services Division; fee for calibrations performed for private sector entities.
Status: in_force

The Department of Agriculture Consumer Services Division is charged with, but is not limited to, performing the following functions in connection with weights and measures on behalf of the citizens of the State: (1) assuring that weights and measures in commercial service within the State are suitable for their intended use, properly installed, and accurate and are so maintained by their owner or user; (2) preventing unfair or deceptive dealing by weight or measure in a commodity or service advertised, packaged, sold, or purchased within this State; (3) making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the division; (4) promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this State and those of other states and federal agencies; (5) encouraging desirable economic growth while protecting the consumer through the adoption by regulation of weights and measures requirements necessary to assure equity among buyers and sellers. The Department of Agriculture shall charge a fee of forty-five dollars an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by subsection (3). Revenues generated by these fees shall be used by the department to offset expenses incurred in operating the Metrology Laboratory. Effect of Amendment The 2008 amendment added the undesignated paragraph at the end relating to fees for calibrations performed for private sector entities.
S.C. Code Ann. § 39-25-160 — SC Code / Title 39 / Chapter 25 / Section 39-25-160
SECTION 39-25-160. Labeling and packaging of consumer commodities.
Status: in_force

(a) All labels of consumer commodities, as defined by this chapter, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 2451, et seq.) and the regulations promulgated pursuant thereto; provided, that consumer commodities exempted from such requirements of section 4 of the Fair Packaging and Labeling Act shall also be exempt from this subsection. (b) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving. (c) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a), but nothing in this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents; provided, that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package. (d) Whenever the Commissioner determines that regulations containing prohibitions or requirements other than those prescribed by Section 39-25-160(a) are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the Commissioner shall promulgate with respect to that commodity regulations effective to - (1) Establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity; (2) Regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, or any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents; (3) Require that the label on each package of a consumer commodity bear (a) the common or usual name of such consumer commodity, if any, and (b) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredients, listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or (4) Prevent the nonfunctional slack-fill of packages containing consumer commodities. For the purposes of paragraph (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (a) protection of the contents of such package or (b) the requirements of machines used for enclosing the contents in such package; provided, that the Commissioner may adopt any regulations promulgated pursuant to the Fair Packaging and Labeling Act which shall have the force and effect of law in this State.
S.C. Code Ann. § 39-29-80 — SC Code / Title 39 / Chapter 29 / Section 39-29-80
SECTION 39-29-80. Enforcement; promulgation of rules and regulations.
Status: in_force

This chapter shall be enforced by the Commissioner who may make rules and regulations for carrying out the provisions thereof. The Commissioner may adopt by regulation such regulations, in conformity with the primary objectives of this chapter, as have been or may be adopted by the appropriate Federal agency under the Federal Food, Drug and Cosmetic Act, prescribing with respect to corn meal and corn grits: (1) The vitamins and minerals and the amounts thereof required or permitted to be contained therein; (2) The manner of enrichment with vitamins and minerals; (3) Methods of testing to determine conformance with the provisions of law; and (4) Labeling requirements.
S.C. Code Ann. § 39-69-10 — SC Code / Title 39 / Chapter 69 / Section 39-69-10
SECTION 39-69-10. Short title.
Status: in_force

This chapter is known and may be cited as the "South Carolina Mold Lien and Retention Act".
S.C. Code Ann. § 39-17-140 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-140
SECTION 39-17-140. Violation of article, or rules and regulations, or interference with inspector constitutes a misdemeanor.
Status: in_force

Any person who violates any provision of this article, or of the rules and regulations made under this article for carrying out its provisions, who fails or refuses to comply with any of the requirements thereof or who wilfully interferes with agents or employees in the execution or on account of the execution of their duties shall be guilty of a misdemeanor.
S.C. Code Ann. § 39-69-20 — SC Code / Title 39 / Chapter 69 / Section 39-69-20
SECTION 39-69-20. Definitions.
Status: in_force

As used in this chapter: (1) "Customer" means any individual or entity who causes a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer. (2) "Molder" means an individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer. A "molder" includes, but is not limited to, a tool or die maker. (3) "Within three years following the last use" must be construed to include any period following the last use of a die, mold, form, or pattern regardless of whether or not that period precedes the effective date of this chapter.
S.C. Code Ann. § 39-24-30 — SC Code / Title 39 / Chapter 24 / Section 39-24-30
SECTION 39-24-30. Substitution of equivalent drug product authorized; substitution of interchangeable biological product authorized.
Status: in_force

(A) As provided in Section 39-24-40, upon receiving a prescription for a brand name product, a registered pharmacist may substitute a drug product of the same dosage form and strength which, in his professional judgment, is a therapeutically equivalent drug product. (B) As provided in Section 39-24-40, upon receiving a prescription for a specific biological product, a registered pharmacist may substitute an interchangeable biological product. Effect of Amendment 2017 Act No. 11, SECTION 2, inserted paragraph designator (A), and added (B), relating to the substitution of interchangeable biological products.
S.C. Code Ann. § 39-5-870 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-870
SECTION 39-5-870. Records; reporting requirements; confidentiality of data.
Status: in_force

(1) A provider shall maintain records of its earned wage access services transactions and shall preserve its records for at least two years after the final date on which it provides proceeds to a consumer. A provider shall keep such books and records that, in the opinion of the department, will enable the department to determine whether the provider is in compliance with this article. The provider may keep books and records at a place of business located outside this State if the provider is able to readily produce those books and records for review. (2) On or before June thirtieth of each year, a provider shall submit an annual report to the department relating to the provider's business conducted during the prior calendar year in this State. The report shall be on a form prescribed by the department and include, at a minimum: (a) gross revenue attributable to those earned wage access services; (b) a copy of each complaint that has been filed by a consumer against the provider with the Better Business Bureau or a state or federal agency other than the department and a description of the resolution, if any, of each such complaint; (c) the total number of transactions in which the provider provided proceeds to consumers; (d) the total number of unique consumers to whom the provider provided proceeds; (e) the total dollar amount of proceeds the provider provided to consumers; and (f) the total dollar amount of fees, voluntary tips, gratuities, or other donations the provider received from consumers. (3) Data collected by the department pursuant to this section is confidential and may be released only in composite form, except as otherwise provided by law. The department shall prepare and make available to the public a report based on the above data. The report must be made available by October thirty-first each year.
S.C. Code Ann. § 39-19-500 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-500
SECTION 39-19-500. Sale of tobacco in name other than that of true owner.
Status: in_force

Any warehouseman or cooperative marketing association who shall buy or sell leaf tobacco in a name other than that of the true owner and who knows or has reason to believe that the name in which such leaf tobacco is sold or any name given pursuant to the provisions of this article is false or fictitious shall be guilty of a misdemeanor; provided, however, that: (1) Whenever one person offers for sale more than one pile of tobacco it shall be sufficient for the full name to appear on the first pile and the correct initials on the other piles with consecutive numbers on the piles following; and (2) Leaf tobacco dealers offering for resale tobacco once sold upon the warehouse floor and with respect to which the provisions of this article have previously been complied with may offer for sale or sell such tobacco in the name under which the original sale was made or in their own names.
S.C. Code Ann. § 39-14-20 — SC Code / Title 39 / Chapter 14 / Section 39-14-20
SECTION 39-14-20. Definitions.
Status: in_force

As used in this chapter: (1) "Local governing body" means a municipality, county, local zoning authority, or political subdivision. (2) "Off-premises outdoor advertising sign" means a lawfully erected, permanent sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere other than upon the premises on which the sign is located. For the purposes of this chapter, the related leasehold or other property interests together with the lawfully issued permit is considered to be part of the off-premises outdoor advertising sign. (3) "Just compensation" means the cash payment of the fair market value of the off-premises outdoor advertising sign in place immediately before its removal and without consideration of the effect of the ordinance or a diminution in value caused by the ordinance requiring its removal. The Uniform Standards of Professional Appraisal Practices (USPAP) must be used in determining the fair market value for just compensation and includes the following factors: (a) the sale price of similar off-premises outdoor advertising signs; (b) the physical condition of the off-premises outdoor advertising sign; (c) the productivity of the off-premises outdoor advertising sign; (d) the economic utility of the property on which the off-premises outdoor advertising sign is located, or the usability and adaptability for industrial, commercial, or other purpose; (e) the value of the off-premises outdoor advertising sign permit issued by an appropriate governing body; (f) replacement cost of the off-premises outdoor advertising sign; (g) the age of the off-premises outdoor advertising sign; (h) the remaining life of the off-premises outdoor advertising sign; (i) the effect of obsolescence on the off-premises outdoor advertising sign; (j) the listed property tax value of the off-premises outdoor advertising sign; and (k) any other factor that may affect the value of the property on which the off-premises outdoor advertising sign is located. (4) "Sign owner" means the owner of an off-premises outdoor advertising sign.
S.C. Code Ann. § 39-22-180 — SC Code / Title 39 / Chapter 22 / Section 39-22-180
SECTION 39-22-180. Warehouseman may enter into agreements required by Commodity Credit Corporation; conflicting provisions.
Status: in_force

It is lawful for a warehouseman licensed by the commissioner to operate a state warehouse to execute and enter into an agreement or contract required by the Commodity Credit Corporation or other agency of the United States government when the agreement or contract is necessary to secure the support price for certain stored commodities. Whenever the contract or agreement conflicts with the provisions of the state warehouse system or the Uniform Commercial Code - Documents of Title the conflicting provisions are suspended, but only to the extent that the suspension of the conflicting provisions is a minimum requirement of the agency of the United States government.
S.C. Code Ann. § 39-23-20 — SC Code / Title 39 / Chapter 23 / Section 39-23-20
SECTION 39-23-20. Definitions.
Status: in_force

For the purposes of this chapter: (a) The "Director of Health and Environmental Control" means the Director of Health and Environmental Control or his designated agent. (b)(1) The term "drug" means (A) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any articles specified in clause (A), (B) or (C); but does not include devices or their components, parts, or accessories. (2) The term "counterfeit drug" means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manufacturer, processor, packer, or distributor. (c) The term "device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals. (d) The term "official compendium" means the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any supplement to any of them. (e) The term "label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. (f) The term "labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. (g) The term "new drug" means: (1) Any drug (except a new animal drug or an animal feed bearing or containing a new animal drug) the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling thereof, except that such a drug not so recognized shall not be deemed to be a "new drug" if at any time prior to July 17, 1972 it was subject to the Federal Food and Drug Act of June 30, 1906, as amended, and if at such time its labeling contained the same representations concerning the conditions of its use; or (2) Any drug except a new animal drug or an animal feed bearing or containing a new animal drug, the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions. (h) The term "color" includes black, white, and intermediate grays.
S.C. Code Ann. § 39-7-50 — SC Code / Title 39 / Chapter 7 / Section 39-7-50
SECTION 39-7-50. Exemptions.
Status: in_force

This chapter shall not apply to any contract or agreement between producers, between wholesalers or between retailers as to the sale or resale prices. 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. § 39-51-40 — SC Code / Title 39 / Chapter 51 / Section 39-51-40
SECTION 39-51-40. Application for registration for anti-freeze; issuance of or refusal to issue certificate of registration.
Status: in_force

On or before the first day of January of each year, and before any antifreeze may be distributed, the manufacturer, packager, or person whose name appears on the label shall make application to the Commissioner on forms provided by him for registration for each brand of antifreeze which he desires to distribute. The application shall be accompanied by specimens or facsimiles of its labeling, an inspection fee of fifty dollars for each product, and a properly labeled sample of the antifreeze. The Commissioner may inspect, test, or analyze the antifreeze and review the labeling. If the antifreeze is not adulterated or misbranded the Commissioner shall issue a certificate of registration, authorizing the distribution of such antifreeze in this State for the permit year. If the antifreeze is adulterated or misbranded, the Commission shall refuse to register the antifreeze, and he shall return the application to the applicant, stating how the antifreeze or labeling is not in conformity. All inspection fees received by the Commissioner shall be remitted to the general funds of the State.
S.C. Code Ann. § 39-73-310 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-310
SECTION 39-73-310. Authority of administrator to investigate; publication of information; powers and procedures; court order to compel compliance.
Status: in_force

(A) The administrator may make investigations, within or without this State, as it finds necessary or appropriate to: (1) determine whether a person has violated or is about to violate this chapter or a regulation of the administrator; or (2) aid in enforcement of this chapter. (B) The administrator may publish information concerning a violation of this chapter or a regulation of the administrator. (C) For purposes of an investigation or a proceeding under this chapter the administrator or an officer or employee designated by regulation may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records which the administrator finds to be relevant or material to the inquiry. (D)(1) If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony. (2) The request for order of compliance may be addressed to: (a) the circuit court of Richland County or the circuit court of the county where service may be obtained on the person refusing to testify or produce if the person is within this State; or (b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce if the person is outside this State.
S.C. Code Ann. § 39-9-40 — SC Code / Title 39 / Chapter 9 / Section 39-9-40
SECTION 39-9-40. Systems of weights and measures which are recognized; definitions and tables published by National Institute of Standards and Technology govern.
Status: in_force

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or both of these systems must be used for all commercial purposes in the State. The definitions of basic units of weights and measures, the tables of weight and measure, and weights and measures equivalents published by the National Institute of Standards and Technology are recognized and govern weighing and measuring equipment and transactions in the State. Effect of Amendment The 1994 amendment substituted "National Institute of Standards and Technology" for "National Bureau of Standards" and made grammatical changes.
S.C. Code Ann. § 39-61-50 — SC Code / Title 39 / Chapter 61 / Section 39-61-50
SECTION 39-61-50. Suits by aggrieved members; aggregate liability.
Status: in_force

If any member is defrauded or aggrieved by any misconduct, wrongful act, misrepresentation, or failure of the club to render its services or fulfill its contractual obligations, the member may bring suit on the security in his own name, but the aggregate liability of the surety for all suits may, in no event, exceed the amount of the bond.
S.C. Code Ann. § 39-5-149 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-149
SECTION 39-5-149. Registration of agent to receive notification of state of emergency.
Status: in_force

A trade association, corporation, or partnership may register an agent for the purposes of being notified when the Governor declares and terminates a state of emergency. A trade association may designate up to three persons to be notified on behalf of the organization's members. The trade association, corporation, or partnership is responsible for maintaining current information for the designated agent or agents. The Governor's Office is responsible for notifying the registered agents simultaneous to the declaration and termination of the state of emergency.
S.C. Code Ann. § 39-59-20 — SC Code / Title 39 / Chapter 59 / Section 39-59-20
SECTION 39-59-20. Repurchase of inventory upon termination of franchise agreement.
Status: in_force

Whenever any retailer enters into a franchise agreement, evidenced by a written contract, or oral contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory and the contract is terminated, the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this chapter. The retailer may keep the inventory if he desires. If the retailer has any outstanding debts to the wholesaler, manufacturer, or distributor, then the repurchase amount may be credited to the retailer's account.
S.C. Code Ann. § 39-5-850 — SC Code / Title 39 / Chapter 5 / Article 8 / Section 39-5-850
SECTION 39-5-850. Prohibited activities.
Status: in_force

No person subject to this article shall do any of the following: (1) share with an employer any fees, voluntary tips, gratuities, or other donations that were received from or charged to a consumer for earned wage access services; (2) charge a late fee, interest, or any other penalty or charge for failure to repay outstanding proceeds; (3) accept payment of outstanding proceeds, fees, voluntary tips, gratuities, or other donations from a consumer via credit card or charge card; (4) charge a deferral fee or any other charge in connection with deferring the collection of any outstanding proceeds beyond the original scheduled repayment date; (5) solicit a consumer to delay repayment of outstanding proceeds for the purpose of increasing the total nonmandatory payments that the provider may collect; (6) report a consumer's payment or failed repayment of outstanding proceeds to a consumer credit reporting agency or a debt collector; (7) require a credit score to determine a consumer's eligibility for earned wage access services; (8) advertise, display, distribute, broadcast, televise, or cause or permit to be advertised, displayed, distributed, broadcasted, or televised in any manner whatsoever any false, misleading, or deceptive statement or representation regarding the conditions of the earned wage access services offered and provided by the provider; (9) compel or attempt to compel payment by a consumer of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to the provider through any of the following means: (a) a suit against the consumer in a court of competent jurisdiction; (b) use of a third party to pursue collection from the consumer on the provider's behalf; or (c) sale of outstanding amounts to a third-party collector or debt buyer for collection from the consumer; (10) provide proceeds in an amount that exceeds the consumer's earned but unpaid income, provided that this limitation shall not apply to any provision of proceeds that exceeds the consumer's earned but unpaid income due to administrative or technical errors so long as repayment of such proceeds provided due to an error otherwise complies with the repayment provisions of this article. However, the limitations in this item shall not preclude the use by a provider of any of these methods to compel payment of outstanding amounts or fees incurred by a consumer through fraudulent or other unlawful means, nor shall they preclude a provider from pursuing an employer for breach of its contractual obligations to the provider.
S.C. Code Ann. § 39-73-70 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-70
SECTION 39-73-70. Agency, vicarious, and joint and several liability.
Status: in_force

(A) The act, omission or failure of an official, an agent, or another person acting for an individual, an association, a partnership, a corporation, or a trust within the scope of his employment or office is deemed the act, omission or failure of the individual, association, partnership, corporation, or trust as well as of the official, agent, or other person. (B) Every person who directly or indirectly controls another person liable under this chapter, every partner, officer, or director of the other person, every person occupying a similar status or performing similar functions, every employee of the other person who materially aids in the violation also is liable jointly and severally with and to the same extent as the other person, unless the person who also is liable by virtue of this section sustains the burden of proof that he did not know and in exercise or reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist.
S.C. Code Ann. § 39-15-490 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-490
SECTION 39-15-490. Effect of refusal to deliver containers to lawful owner.
Status: in_force

The refusal of any person in possession thereof to deliver any field box, crate, container or receptacle so marked or branded and registered as provided in this article to the registered owner thereof or his duly authorized agent, upon the demand of such registered owner or authorized agent, when such demand is accompanied with a display of the certificate of recordation and number thereof, as furnished to the registered owner by the Secretary of State, shall be prima facie evidence in any court of this State of a fraudulent intent to convert such field box, crate, container or receptacle to the use of the person so in possession thereof and to deprive the registered owner thereof and any person convicted of a violation of the provisions of this section shall be subject to the penalty provided in Section 39-15-480.
S.C. Code Ann. § 39-41-195 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-195
SECTION 39-41-195. Penalties for conveyance of motor fuel in violation of this chapter.
Status: in_force

(A) If a person or his agent or employee conveys, or offers to convey, motor fuel in violation of this chapter, the person is subject to an administrative fine or a stop-sale order, or both, in the discretion of the Commissioner of Agriculture. (B) An administrative fine must not be assessed for an amount greater than one thousand dollars unless the violation: (1) threatens public health or safety; (2) is committed knowingly or intentionally; or (3) reflects a continuing and repetitive pattern of disregard for the requirements of this article. (C) An administrative fine fully assessed by the commissioner for an amount greater than one thousand dollars may be assessed for an amount not in excess of ten thousand dollars.
S.C. Code Ann. § 39-51-60 — SC Code / Title 39 / Chapter 51 / Section 39-51-60
SECTION 39-51-60. Anti-freeze deemed misbranded.
Status: in_force

Antifreeze shall be deemed to be misbranded: (a) If it does not bear a label which, (1) specifies the identity of the product, (2) states the name and place of business of the registrant, (3) states the net quantity of contents, in terms of liquid measure, separately and accurately in a uniform location upon the principal display panel, and (4) contains a statement warning of any hazard of substantial injury to human beings which may result from the intended use or reasonably foreseeable misuse of the antifreeze. (b) If the product is to be diluted with another substance for use and the label on a container of less than five gallons, or the labeling for a container of five gallons or more, does not contain a statement or chart showing the appropriate amount, percentage, proportion or concentration of the antifreeze to be used to provide (1) claimed protection from freezing at a specified degree of temperature, (2) claimed protection from corrosion, or (3) claimed increase of boiling point or protection from overheating. (c) If its labeling contains any claim that it has been approved or recommended by the Commissioner. (d) If its labeling is false, deceptive, or misleading.
S.C. Code Ann. § 39-3-350 — SC Code / Title 39 / Chapter 3 / Article 5 / Section 39-3-350
SECTION 39-3-350. Testimony may be compelled; immunity of witness.
Status: in_force

No person shall be excused from answering any questions that may be put to him or from producing any books, papers or documents on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, but no person shall be prosecuted in any criminal action or proceedings or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, before such justice, judge or referee appointed in the order for his examination or in obedience to the subpoena of the court or referee acting under such order, or either of them.
S.C. Code Ann. § 39-59-110 — SC Code / Title 39 / Chapter 59 / Section 39-59-110
SECTION 39-59-110. Indemnification of retailer.
Status: in_force

A wholesaler, manufacturer, or distributor shall fully indemnify and hold harmless its retailer against any losses, including but not limited to: court costs and reasonable attorney's fees, or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this chapter, parts or accessories, or other functions by the manufacturer, beyond the control of the dealer.
S.C. Code Ann. § 39-20-50 — SC Code / Title 39 / Chapter 20 / Section 39-20-50
SECTION 39-20-50. Additional rights, duties, and obligations by agreement; relation of chapter to other laws.
Status: in_force

Nothing in this chapter may be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter are in addition to all other rights allowed by law to a creditor against his debtor. Effect of Amendment 2014 Act No. 136, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 39-5-42 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-42
SECTION 39-5-42. Misrepresenting food or food products as product of South Carolina.
Status: in_force

(A) For purposes of this section "food" or "food product" is an article that is produced, raised, caught, or harvested for human consumption. (B) It is an unfair trade practice pursuant to Section 39-5-20 knowingly and wilfully to misrepresent food or a food product if the food or food product purports to be or is represented to be a product of South Carolina but is the product of another state, country, or territory. (C) A provision in this section is not intended to conflict with the enforcement of criminal penalties or other provisions of law relating to the misrepresentation or adulteration of food or food products.
S.C. Code Ann. § 39-73-360 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-360
SECTION 39-73-360. Judicial review.
Status: in_force

A person aggrieved by a final order of the administrator may obtain a review of the order in the Richland County Court of Common Pleas by filing in the court, within thirty days after entry of the order, a written petition praying that the order may be modified or set aside, in whole or in part. The aggrieved person, upon filing a petition, may move before the court in which the petition is filed to stay the effectiveness of the administrator's final order until such time as the court has reviewed the order. If the court orders a stay, then the aggrieved person must post any bond set by the court in which a petition is filed. A copy of the petition must be served upon the administrator and the administrator shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part. The findings of the administrator regarding the facts, if supported by competent, material, and substantial evidence, are conclusive. Effect of Amendment 2025 Act No. 67, SECTION 10, rewrote the section.
S.C. Code Ann. § 39-33-1310 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1310
SECTION 39-33-1310. Report of receipts and expenditures.
Status: in_force

The Commissioner of Agriculture shall include in his annual report a classified report showing the total receipts and expenditures under the provisions of this article.
S.C. Code Ann. § 39-3-310 — SC Code / Title 39 / Chapter 3 / Article 5 / Section 39-3-310
SECTION 39-3-310. Investigations by Attorney General; attendance of witnesses.
Status: in_force

Whenever complaint has been made to the Attorney General or he has reason to believe that the provisions of Articles 1 or 3 of this chapter relating to and regulating trusts and combinations or unlawful and unfair discrimination to destroy a competitor's business have been violated, the Attorney General, in addition to the authority otherwise conferred upon him by law, may investigate such alleged violation of law and in making such investigation he may summon and require the attendance of witnesses at such time and place as he may designate in the same manner as witnesses are required to appear and testify in the trial of cases in courts of this State.
S.C. Code Ann. § 39-39-150 — SC Code / Title 39 / Chapter 39 / Article 3 / Section 39-39-150
SECTION 39-39-150. Unlawful acts.
Status: in_force

It is unlawful to: (1) offer eggs for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers and fail to display conspicuously on the case, box, or other container a plainly written designation showing the correct grade and weight class to which the eggs conform. The designation must be of the kind and in the manner required by regulations of the Department of Agriculture; (2) use the word "nulaid", "country", "hennery", "day-old", " select", "selected", "certified", "best", "nearby", "fresh-laid", or a similar descriptive term which the Commissioner of Agriculture, by regulation, prohibits in connection with the advertising or selling of eggs; (3) use the words "South Carolina" in connection with the advertisement and sale of eggs not produced in this State; (4) use the word "fresh" in connection with the advertisement and sale of eggs not produced in this State unless those eggs meet or exceed the quality standard designated "Grade A"; (5) offer eggs for sale that are not stored properly in a refrigerated state at the temperature specified in Section 39-39-135. Effect of Amendment The 1994 amendment revised this section. The 2005 amendment added item (5).
S.C. Code Ann. § 39-20-49 — SC Code / Title 39 / Chapter 20 / Section 39-20-49
SECTION 39-20-49. Person claiming contents of storage facility to pay all unpaid rents.
Status: in_force

The owner of a self-service storage facility may require of a person laying claim to any of the contents of the self-service storage facility that the claimant pay to the owner all unpaid rents due for the use of the facility before taking possession of the contents. The owner is not responsible for any property taxes that may be due on any contents that have been in storage in the facility. Effect of Amendment 2014 Act No. 136, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 39-15-410 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-410
SECTION 39-15-410. Adoption and use of individual brands or marks.
Status: in_force

Any person being the owner of field boxes, crates, containers or receptacles used in the general production, harvesting, packing, transportation or marketing of fruits or vegetables or their by-products may adopt for his exclusive use and ownership a particular mark or brand to designate and distinguish his ownership thereto and may identify his field boxes, crates, containers or receptacles so used with such mark or brand in the form of such combinations, initials, symbols, designs or names as he desires, by plainly and distinctly stamping, stenciling, painting, cutting, etching or burning the same into or onto both ends or sides of such field boxes, crates, receptacles or containers.
S.C. Code Ann. § 39-25-110 — SC Code / Title 39 / Chapter 25 / Section 39-25-110
SECTION 39-25-110. Food deemed misbranded.
Status: in_force

A food shall be deemed to be misbranded - (a)(1) If its labeling is false or misleading in any particular (2) if its labeling or packaging fails to conform with the requirements of Section 39-25-160. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food unless its label bears in type of uniform size and prominence, the word, "imitation," and, immediately thereafter, the name of the food imitated. (d) If its container is so made, formed, or filled as to be misleading. (e) If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; (2) an accurate statement of the net quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the Commissioner. (f) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by Section 39-25-90, unless (1) it conforms to such definition and standard, and (2) its label bears the name of the food specified in the definition and standard, and insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food. (h) If it purports to be or is represented as - (1) A food for which a standard of quality has been prescribed by regulations as provided by Section 39-25-90 and its quality falls below such standard unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or (2) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by Section 39-25-90 and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard. (i) If it is not subject to the provisions of paragraph (g) of this section, unless it bears labeling clearly giving (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except the spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each; provided, that to the extent that compliance with the requirements of clause (2) of this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Commissioner. (j) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Commissioner determines to be, and by regulations prescribes as, necessary in order to fully inform purchasers as to its value for such uses. (k) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the Commissioner. The provisions of this paragraph and paragraphs (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice cream. The provisions of the paragraph with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the produce of the soil. (l) If it is a raw agricultural commodity which is the produce of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical; provided, however, that no such declaration shall be required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade. (m) If it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded. (n) If it is a color additive unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the Federal act.
S.C. Code Ann. § 39-19-450 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-450
SECTION 39-19-450. Information ticket or card must be placed on tobacco.
Status: in_force

Any such warehouseman or cooperative marketing association shall place upon all leaf tobacco delivered to him or to it for sale, offer for sale or display for sale a ticket or card on which shall appear the matters and things required to be recorded by such warehouseman or cooperative marketing association under Section 39-19-440 and such cards or tickets shall be placed upon such tobacco at the time it is delivered to a warehouse for sale and shall be on such tobacco at the time it is sold.
S.C. Code Ann. § 39-15-1195 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1195
SECTION 39-15-1195. Seizure and forfeiture; storage and maintenance of seized property; reports to prosecuting agencies; return of items.
Status: in_force

(A) The following property is subject to seizure by and forfeiture to any law enforcement agency upon violation of Section 39-15-1190: (1) all items bearing the counterfeit mark; (2) all personal property that is employed or used in connection with a violation of Section 39-15-1190 including, but not limited to, any items, objects, tools, machines, equipment, or instrumentalities of any kind; (3) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of counterfeit marks; (4) all books, records, computers, and data that are used or intended for use in the production, manufacture, sale, or delivery of items bearing a counterfeit mark or services identified by a counterfeit mark; and (5) all monies, negotiable instruments, balances in deposit or other accounts, securities, or other things of value furnished or intended to be furnished by any person used to engage in a violation or to further a violation of Section 39-15-1190. (B) Property subject to forfeiture pursuant to this section may be seized by the department having authority upon a warrant issued by a court having jurisdiction over the property. Seizure without process may be made if: (1) the seizure is incident to an arrest or a search pursuant to a search warrant or an inspection pursuant to an administrative inspection warrant; (2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding based upon this section; (3) the department has probable cause to believe that the property is directly or indirectly dangerous to an individual's health or safety; or (4) the department has probable cause to believe that the property was used or is intended to be used in violation of Section 39-15-1190. (C) If a seizure is made pursuant to subsection (B), proceedings pursuant to Section 44-53-530 regarding forfeiture and disposition must be instituted within a reasonable time. (D) Property taken or detained pursuant to this section is not subject to replevin but is considered to be in the custody of the department making the seizure, subject only to the orders of the court having jurisdiction over the forfeiture proceedings. (E) For the purposes of this section, when the seizure of property subject to seizure is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure. (F) Law enforcement agencies seizing property pursuant to this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidentiary nature and provides for security in another manner. (G) When property, conveyances, monies, negotiable instruments, securities, or anything else of value is seized pursuant to the provisions of subsection (A), the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecution agency. (1) The report must provide the following information with respect to the property seized: (a) description; (b) circumstances of seizure; (c) present custodian and where the property is being stored or its location; (d) name of owner; (e) name of lienholder, if any; and (f) seizing agency. (2) If the property is a conveyance, the report must include the: (a) make, model, serial number, and year of the conveyance; (b) person in whose name the conveyance is registered; and (c) name of any lienholders. (3) In addition to the report provided for in items (1) and (2), the law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information: (a) a description of the quantity and nature of the property and money seized; (b) the seizing agency; (c) the make, model, and year of a conveyance; and (d) the law enforcement agency responsible for the property or conveyance seized. (H)(1) An owner may apply to the court of common pleas for the return of an item seized pursuant to the provisions of this chapter. Notice of hearing or rule to show cause accompanied by a copy of the application must be directed to all persons and agencies entitled to notice as provided in Section 44-53-530. If the court denies the application, the hearing may proceed as a forfeiture hearing held pursuant to the provisions of Section 44-53-530. (2) The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence that the owner was not a consenting party to, or privy to, or did not have knowledge of, the use of the property that made it subject to seizure and forfeiture. (3) The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that the lienholder was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture. (I) Property or conveyances seized by a law enforcement agency or department must not be used by officers for personal purposes.
S.C. Code Ann. § 39-75-20 — SC Code / Title 39 / Chapter 75 / Article 1 / Section 39-75-20
SECTION 39-75-20. Requirements applicable to sale of regrooved or regroovable tires.
Status: in_force

(A) Except as permitted in subsection (B) of this section, a person shall not sell, offer for sale, or introduce or deliver for introduction into commerce regrooved tires produced by removing rubber from the surface of a worn tire tread to generate a new tread pattern. A person who regrooves tires and leases them to owners or operators of motor vehicles and a person who regrooves his own tires for use on motor vehicles is considered to be a person delivering for introduction into commerce within the meaning of this section. (B) A regrooved tire may be sold, offered for sale, or introduced for sale or delivered for introduction into commerce only if it conforms to each of the following requirements: (1) The tire being regrooved is a regroovable tire. (2) After regrooving, cord material below the grooves must have a protective covering of tread material at least 3⁄32 -inch thick. (3) After regrooving, the new grooves generated into the tread material and residual original molded tread groove which is at or below the new regrooved depth must have a minimum of ninety linear inches of tread edges for each linear foot of the circumference. (4) After regrooving, the new groove width generated into the tread material must be a minimum of 3⁄16 -inch and a maximum of 5⁄16 -inch. (5) After regrooving, all new grooves cut into the tread must provide unobstructed fluid escape passages. (6) After regrooving, the tire must not contain any of the following defects, as determined by a visual examination of the tire either mounted on the rim or dismounted: (a) cracking which extends to the fabric; (b) groove cracks or wear extending to the fabric; or (c) evidence of ply, tread, or sidewall separation. (7) If the tire is siped by cutting the tread surface without removing rubber, the tire cord material may not be damaged as a result of the siping process, and a sipe may not be deeper than the original or retread groove depth. (C) A person shall not sell, offer for sale, or introduce for sale or deliver for introduction into commerce a regroovable tire that has been siped by cutting the tread surface without removing rubber if the tire cord material is damaged as a result of the siping process, or if the tire is siped deeper than the original or retread groove depth.
S.C. Code Ann. § 39-35-10 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-10
SECTION 39-35-10. "Imitation butter" and "imitation cheese" defined.
Status: in_force

For the purpose of this article, substance or compound, not produced wholly from pure milk, designed to be used as a substitute for butter or cheese made from pure milk or cream from pure milk is hereby declared to be imitation butter or imitation cheese, as the case may be; provided, that the use of salt, rennet and harmless coloring matter for coloring the product of pure milk or cream shall not be construed to render such product an imitation.
S.C. Code Ann. § 39-9-60 — SC Code / Title 39 / Chapter 9 / Section 39-9-60
SECTION 39-9-60. Specifications, tolerances, and other technical requirements for commercial weighing and measuring devices.
Status: in_force

The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices", and its supplements and revisions, apply to commercial weighing and measuring devices in the State, except as modified or rejected by regulation. Effect of Amendment The 1994 amendment substituted "National Institute of Standards and Technology" for "National Bureau of Standards" and made grammatical changes; inserted "law enforcement, data gathering, and other".
S.C. Code Ann. § 39-9-203 — SC Code / Title 39 / Chapter 9 / Section 39-9-203
SECTION 39-9-203. Civil penalties; civil action to recovery penalty.
Status: in_force

A person who by himself, by his servant or agent, or as the servant or agent of another person commits one or more of the acts enumerated in Section 39-9-200 may be subject to a civil penalty. A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than: (1) one hundred nor more than two hundred dollars for a first offense; (2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense; (3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense.
S.C. Code Ann. § 39-31-120 — SC Code / Title 39 / Chapter 31 / Section 39-31-120
SECTION 39-31-120. Penalties.
Status: in_force

Any person found guilty of violating any provision of Sections 39-31-20 to 39-31-60 and 39-31-80 or any rule or regulation made by authority of this chapter shall be subject for each and every offense to imprisonment not exceeding thirty days or a fine of not more than one hundred dollars.
S.C. Code Ann. § 39-41-70 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-70
SECTION 39-41-70. Inspection of petroleum products.
Status: in_force

All petroleum products sold or offered for sale in this State and to be used in this State for power, illuminating or heating purposes, shall be subject to inspection and testing to determine their safety and value for power, illuminating or heating purposes. The Department of Agriculture may at any time or place have collected samples of any petroleum product offered for sale and have them tested and analyzed. The inspection of petroleum products as authorized in this article shall be under the direction of the Commissioner of Agriculture, who may make all necessary regulations for the inspection of such petroleum products, employ all necessary chemists and enforce standards as to safety, purity, value for power and heating purposes or absence of objectionable substances and luminosity, when not in conflict with the provisions of this article, and which he may deem necessary to provide the people of the State with satisfactory petroleum products.
S.C. Code Ann. § 39-17-130 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-130
SECTION 39-17-130. Inspection fees.
Status: in_force

The fee to be charged shall be determined by the chief of the division of markets and the fee for the inspection of a car or less than a car shall in no case exceed five dollars. The chief of the division of markets may fix, assess and collect, or cause to be collected, fees for such services when they are performed by employees or agents of the division of markets. License inspectors may charge and collect as compensation for their services only such fees as may be approved by the division of markets.
S.C. Code Ann. § 39-9-140 — SC Code / Title 39 / Chapter 9 / Section 39-9-140
SECTION 39-9-140. Measures by which commodities are sold.
Status: in_force

(A) Except as otherwise provided by the Commissioner of Agriculture or by firmly established trade custom and practice, commodities: (1) in liquid form must be sold by liquid measure or by weight; (2) not in liquid form must be sold only by weight, measure, or count. (B) The method of sale must provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. Effect of Amendment The 1994 amendment revised this section.
S.C. Code Ann. § 39-27-50 — SC Code / Title 39 / Chapter 27 / Section 39-27-50
SECTION 39-27-50. Enriched flour or bread, labeling.
Status: in_force

All enriched flour or bread sold in the State must be labeled in accordance with the regulations of the Department of Health, Education and Welfare governing enriched flour or enriched bread sold in interstate trade.
S.C. Code Ann. § 39-23-100 — SC Code / Title 39 / Chapter 23 / Section 39-23-100
SECTION 39-23-100. Procedure for condemnation of adulterated or misbranded drug or device.
Status: in_force

(a) Any drug or device that is adulterated or misbranded when introduced into or while in intrastate commerce or while held for sale (whether or not the first sale) after shipment in intrastate commerce, or which may not, under the provisions of Section 39-23-50, be introduced into intrastate commerce, shall be liable to be proceeded against while in intrastate commerce or at any time thereafter, on libel of information and condemned in any circuit court of the State within the jurisdiction of which the article is found; provided, however, that no libel for condemnation shall be instituted under this chapter, for any alleged misbranding if there is pending in any court a libel for condemnation proceeding under this chapter based upon the same alleged misbranding, and not more than one such proceeding shall be instituted if no such proceeding is so pending, except that such limitations shall not apply (1) when such misbranding has been the basis of a prior judgment in favor of the State, in a criminal injunction, or libel for condemnation proceeding under this chapter, or (2) when the Director of Health and Environmental Control has probable cause to believe from facts found, without hearings, by him or any officer or employee of the Department of Health and Environmental Control that the misbranding is dangerous to health, or that the labeling of the misbranded article is fraudulent, or would be in a material respect misleading to injury or damage of the purchaser or consumer. In any case where the number of libel for condemnation proceedings is limited as above provided the proceeding pending or instituted shall, on application of the claimant, reasonably made, be removed for trial to any circuit agreed upon by stipulation between the parties, or, in case of failure to so stipulate within a reasonable time, the claimant may apply to the court of the circuit in which the seizure has been made, and such court (after giving the Attorney General or other attorney for the Department of Health and Environmental Control reasonable notice and opportunity to be heard), shall by order, unless good cause to the contrary is shown, specify a circuit of reasonable proximity to the claimant's principal place of business to which the case shall be removed for trial. (b) The article shall be liable to seizure by process pursuant to the libel, and the procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty; except that on demand of either party any issue of fact joined in any such case shall be tried by jury. When libel for condemnation proceedings under this section, involving the same claimant and the same issues of adulteration or misbranding, are pending in two or more jurisdictions, such pending proceedings, upon application of the claimant reasonably made to the court of one such jurisdiction, shall be consolidated for trial by order of such court, and tried in (1) any circuit selected by the claimant where one of such proceedings is pending; or (2) a circuit agreed upon by stipulation between the parties. If no order for consolidation is so made within a reasonable time, the claimant may apply to the court of one such jurisdiction, and such court (after giving the Attorney General or other attorney for the Department of Health and Environmental Control reasonable notice and opportunity to be heard) shall by order, unless good cause to the contrary is shown, specify a circuit of reasonable proximity to the claimant's principal place of business, in which all pending proceedings shall be consolidated for trial and tried. Such order of consolidation shall not apply so as to require the removal of any case the date for trial of which has been fixed. The court granting such order shall give prompt notification thereof to the other courts having jurisdiction of the cases covered thereby. (c) The court at any time after seizure up to a reasonable time before trial shall by order allow any party to a condemnation proceeding, his attorney or agent, to obtain a representative sample of the article seized. (d) Any drug or device condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the State of South Carolina; but such article shall not be sold under such decree contrary to the provisions of this chapter or the laws of the jurisdiction in which sold; provided, that after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such article shall not be sold or disposed of contrary to the provisions of this chapter or the laws of any state or territory in which sold, the court may by order direct that such article be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this chapter under the supervision of an officer or employee duly designated by the Director of Health and Environmental Control, and the expenses of such supervision shall be paid by the person obtaining release of the article under bond. Any article condemned by reason of its being an article which may not, under Section 39-23-70, be introduced into intrastate commerce, shall be disposed of by destruction. (e) When a decree of condemnation is entered against the article, court costs of fees, and storage and other proper expenses, shall be awarded against the person, if any, intervening as claimant of the article. (f) In the case of removal for trial of any case as provided by subsection (a) or (b): (1) The clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction. (2) The court to which such case was removed shall have the powers and be subject to the duties, for purposes of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed.
S.C. Code Ann. § 39-29-100 — SC Code / Title 39 / Chapter 29 / Section 39-29-100
SECTION 39-29-100. Penalties.
Status: in_force

Any person found guilty of violating any provision of this chapter or any rule or regulation made by authority thereof shall be subject for each and every offense to imprisonment not exceeding thirty days or a fine of not more than one hundred dollars.
S.C. Code Ann. § 39-41-160 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-160
SECTION 39-41-160. Penalties for fraudulent violations.
Status: in_force

A person who fraudulently commits the following violations is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days for each offense: (1) brands or labels a package, a barrel, a pump, a tank, or other vessel; (2) uses a label a second time; (3) keeps a petroleum product used for illuminating, heating, or power purposes not marked and branded in accordance with the regulations of the Commissioner of Agriculture; (4) violates this article or a regulation adopted by the Commissioner of Agriculture for its enforcement. Effect of Amendment The 1994 amendment rewrote the section.
S.C. Code Ann. § 39-16-30 — SC Code / Title 39 / Chapter 16 / Section 39-16-30
SECTION 39-16-30. General prohibitions; applicability to "reproductions".
Status: in_force

(a) An art merchant or person may not knowingly publish or distribute any catalog, prospectus, or circular which offers for sale a fine print unless it clearly and conspicuously discloses all information required by Section 39-16-40. (b) An art merchant or person may not knowingly sell at retail or wholesale any fine print unless a written invoice, receipt for the purchase price, or certificate furnished to the purchaser clearly and conspicuously discloses all information required by Section 39-16-40. (c) If a print is described as a "reproduction", the information required by Section 39-16-40 is not required to be disclosed unless the print allegedly was published in a limited edition, an edition of numbered or signed prints, or any combination of them. (d) An art merchant or person offering for auction a fine print to which this article is applicable at an auction where nonart property also is sold shall provide a written invoice disclosing all information required by Section 39-16-40. Effect of Amendment The 1988 amendment added subsection (d).
S.C. Code Ann. § 39-49-40 — SC Code / Title 39 / Chapter 49 / Section 39-49-40
SECTION 39-49-40. Unauthorized sale, delivery, or rental of marked battery.
Status: in_force

It is unlawful for any person other than the owner thereof to sell, dispose of, deliver, rent or give to any other person any rental battery marked by the owner thereof as provided by Section 39-49-20.
S.C. Code Ann. § 39-41-250 — SC Code / Title 39 / Chapter 41 / Article 1 / Section 39-41-250
SECTION 39-41-250. Registration of gasoline, gasohol and alcohol-gasoline mixtures by octane index; forms; index; standards.
Status: in_force

All gasoline, gasohol and alcohol-gasoline mixtures for gasoline type engines that are sold, offered or exposed for sale or distribution in South Carolina shall be registered by each identifying brand name or grade designation and the corresponding minimum guaranteed Octane Index. Prescribed registration forms will be provided by the Department of Agriculture. The Octane Index, the average of the Research Octane Number and the Motor Octane Number, (R+M)/2, shall be the designated number for registration, delivery invoices, bills of lading, delivery tickets, posting on dispensing pumps and for advertising purposes, when so stated. The minimum Octane Index guarantee for premium grade gasoline, gasohol and alcohol-gasoline mixtures shall be ninety-one. The minimum Octane Index guarantee for regular grade gasoline, gasohol and alcohol-gasoline mixtures shall be eighty-seven. Gasoline, gasohol and alcohol-gasoline mixtures having Octane Indices below eighty-seven must be registered and labeled as sub-standard or sub-regular.
S.C. Code Ann. § 39-22-100 — SC Code / Title 39 / Chapter 22 / Section 39-22-100
SECTION 39-22-100. State guarantee; limitations.
Status: in_force

The weights, classes, and grades of cotton, if shown on a warehouse receipt issued for the cotton, or other nonperishable farm products on storage are guaranteed by the State under this chapter only in favor of those who loan money on or buy cotton stored in warehouses. The State is not responsible for fluctuations in weight resulting from ordinary climatic conditions.
S.C. Code Ann. § 39-25-200 — SC Code / Title 39 / Chapter 25 / Section 39-25-200
SECTION 39-25-200. Publication of judgments and orders and other information.
Status: in_force

(a) The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. (b) The Commissioner may also cause to be disseminated such information regarding food and cosmetics as the Commissioner deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the Commissioner from collecting, reporting and illustrating the results of the investigations of the Commissioner.
S.C. Code Ann. § 39-49-10 — SC Code / Title 39 / Chapter 49 / Section 39-49-10
SECTION 39-49-10. "Rental battery" defined.
Status: in_force

As used in this chapter the words "rental battery" shall mean an electric storage battery loaned, rented or furnished for temporary use by any person engaged in the business of buying, selling, repairing or recharging electric storage batteries.
S.C. Code Ann. § 39-33-1280 — SC Code / Title 39 / Chapter 33 / Article 11 / Section 39-33-1280
SECTION 39-33-1280. Promulgation of rules and regulations.
Status: in_force

The Commissioner of Agriculture shall establish and promulgate rules and regulations not inconsistent with this article that shall govern the granting of licenses under this article and shall establish and promulgate rules and regulations not inconsistent with this article which shall govern the manner of weighing and testing, including, but not in limitation thereof, the taking of samples, the location where the testing of such samples shall be made and the length of time samples of milk or cream shall be held after testing. The Commissioner of Agriculture shall consult and cooperate with the dairy department of Clemson University in specifying the technical methods and procedure for accurately determining the butterfat content of dairy products.
S.C. Code Ann. § 39-25-20 — SC Code / Title 39 / Chapter 25 / Section 39-25-20
SECTION 39-25-20. Definitions.
Status: in_force

For the purpose of this chapter - (a) The "Commissioner" means the Commissioner of Agriculture of South Carolina. (b) The term "person" includes individual, partnership, corporation and association. (c) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. (d) The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. (e) The term "consumer commodity," except as otherwise specifically provided by this subsection, means any food or cosmetic as those terms are defined by this chapter or by the Federal act. Such term does not include - (1) Any tobacco or tobacco product; (2) Any commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act or the provisions of the eighth paragraph under the heading "Bureau of Animal Industry" of the Act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. 151-157) commonly known as the Virus-Serum-Toxin Act; (3) Any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C., et seq.); or (4) Any commodity subject to the provisions of the Federal Seed Act (7 U.S.C. 1551-1610). (f) The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be of the retail package of such article, or is easily legible through the outside container or wrapper. (g) The term "immediate container" does not include package liners. (h) The term "principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. (i) The term "package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include - (1) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; (2) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity. (j) The term "labeling" means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article. (k) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. (l) The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food or cosmetics. (m) The term "contaminated with filth" applies to any food or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations. (n) The provisions of this chapter regarding food, or cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any food or cosmetic establishment. (o) The term "pesticide chemical" means any substance which, alone, in chemical combination, or in formulation with one or more other substances is an "economic poison" within the meaning of the South Carolina Economic Poison Law or the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C., Sections 135-135K) as now enacted or as hereafter amended and which is used in the production, storage or transportation of raw agricultural commodities. (p) The term "raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing. (q) The term "food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use) if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use; except that such term does not include: (1) a pesticide chemical in or on a raw agricultural commodity; or (2) a pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity; or (3) a color additive; or (4) any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958, pursuant to the Federal act; the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 71 et seq.). (r)(1) The term "color additive" means a material which - (A) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source, or (B) when added or applied to a food or cosmetic, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which has been or hereafter is exempted under the Federal act. (2) The term "color" includes black, white and intermediate grays. (3) Nothing in clause (1) of Section 39-25-20 (q) shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly the growth or other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest. (s) The term "Federal act" means the Federal Food, Drug, and Cosmetic Act, as amended (Title 21 U.S.C. 301 et seq.). (t) The term "honey" means the raw food product produced by honeybees for human consumption. Honey and honey products are subject to all labeling requirements of this chapter. Honey sold wholesale to other retail outlets for resale must be processed and packaged in an inspected and registered food processing facility in accordance with the act regardless of the amount of overall honey produced by the beekeeper. Beekeepers producing no more than four hundred gallons (4,800 pounds) of honey annually and who only sell directly to the end consumer are exempt from inspections and regulations requiring honey to be processed, extracted and packaged in an inspected food processing establishment, or from being required to obtain a registration verification certificate (RVC) from the Department of Agriculture. However, labels are required on all containers of honey that are sold in South Carolina. Beekeepers must file for the exemption on forms to be provided by the Department of Agriculture. Effect of Amendment The 2012 amendment added subsection (t) relating to the definition of "honey".
S.C. Code Ann. § 39-57-55 — SC Code / Title 39 / Chapter 57 / Section 39-57-55
SECTION 39-57-55. Registration periods for biennial licenses; proration of fees during conversion to biennial cycle; renewals.
Status: in_force

(A) Licenses required by Chapter 57 of Title 39 to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office after the effective date of biennial licensure, a biennial registration period must be implemented as follows: (a) Licensees whose license numbers end in: (i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration; (ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their licenses for one year. At the end of that time they shall reregister their license for two years and biennially after that time; (iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially after that time; (iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration; (v) "A" through "L" and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration; (vi) "M" through "Z" and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and obtain a biennial registration after that time. (b) Licenses issued in South Carolina for the first time between: (i) July 1, 1992, and December 31, 1992, which end in an even number must be issued for a biennial registration period; (ii) between July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially; (v) July 1, 1992, and June 30, 1993, and issued license numbers which end in "A" through "L" must be issued biennially; (vi) between July 1, 1992, and June 30, 1993, and which end in "M" through "Z" must be issued for one year and renewed biennially after that time. (2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued. (B) After June 30, 1993, licensees must be registered and licensed for twenty-four consecutive months, and the registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Office from refusing to issue a license.
S.C. Code Ann. § 39-53-170 — SC Code / Title 39 / Chapter 53 / Section 39-53-170
SECTION 39-53-170. Chapter not applicable to certain organizations.
Status: in_force

The provisions of this chapter shall not apply to, nor in any way prevent, any civic or service organization from selling products, the net proceeds of which are intended for the benefit of the blind.
S.C. Code Ann. § 39-73-340 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-340
SECTION 39-73-340. Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith.
Status: in_force

(A) In addition to specific authority granted elsewhere in this chapter, the administrator may make, amend, or rescind regulations, forms, and orders as are necessary to carry out this chapter. The regulations or forms must include, but are not limited to, regulations defining terms, whether or not used in this chapter. The definitions must not be inconsistent with this chapter. For the purpose of regulations or forms the administrator may classify commodities and commodity contracts, persons, and matters within the administrator's jurisdiction. (B) Unless specifically provided in this chapter, no regulation, form, or order may be adopted, amended, or rescinded unless the administrator finds that action is: (1) necessary or appropriate in the public interest or for the protection of investors; (2) consistent with the purposes fairly intended by the policy and provisions of this chapter. (C) Regulations and forms of the administrator must be published. (D) A provision of this chapter imposing liability does not apply to an act done or omitted in good faith in conformity with a regulation, order, or form adopted by the administrator, notwithstanding that the regulation, order, or form may be amended, rescinded, or determined by judicial or other authority to be invalid. Effect of Amendment 2025 Act No. 67, SECTION 8, in (A), made a nonsubstantive change.
S.C. Code Ann. § 39-14-30 — SC Code / Title 39 / Chapter 14 / Section 39-14-30
SECTION 39-14-30. Regulation of off-premises outdoor advertising signs by local government; removal or relocation; notice; compensation.
Status: in_force

(A) A local governing body may require the removal of an off-premises outdoor advertising sign that is nonconforming under a local ordinance and may regulate the use of off-premises outdoor advertising signs within the jurisdiction of the local governing body in accordance with the applicable provisions of this chapter. (B) A local governing body may enact or amend an ordinance of general applicability to require the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign only if the ordinance requires the payment of just compensation to the sign owners, except as provided in this subsection. The payment of just compensation is not required if the: (1) local governing body and the owner of the nonconforming off-premises outdoor advertising sign enter into a relocation agreement pursuant to subsections (D) and (F); (2) local governing body and the owner of the nonconforming off-premises outdoor advertising sign enter into an agreement pursuant to subsection (I); (3) off-premises outdoor advertising sign is adjudicated to be a public nuisance or detrimental to the health or safety of the populace; or (4) removal is required for opening, widening, extending or improving streets or sidewalks, or for establishing, extending, enlarging, or improving a public enterprise, and the local governing body allows the off-premises outdoor advertising sign to be relocated to a comparable or better location as determined by the criteria as provided in Section 39-14-30(D)(1)(a) through (c) and the local governing body pays the costs of the relocation of the sign as provided in Section 39-14-30(D)(2)(a) through (d). (C) A local governing body shall give written notice of its intent to require removal of an off-premises outdoor advertising sign by sending a letter by certified mail to the last known address of the sign owner and the owner of the property on which the off-premises outdoor advertising sign is located. (D) If a local governing body requires removal of an off-premises outdoor advertising sign, the local governing body may enter into an agreement with the owner of a nonconforming off-premises outdoor advertising sign to relocate and reconstruct the sign. The relocated sign must comply with the provisions of Title 57. The agreement must include provisions for: (1) relocation of the sign to a site reasonably comparable to or better than the existing location. In determining whether a location is comparable or better, the following factors must be taken into consideration, the: (a) size and format of the sign; (b) characteristics of the proposed relocation site, including visibility, traffic count, area demographics, zoning, and any uncompensated differential in the sign owner's cost to lease the replacement site; and (c) timing of the relocation. (2) payment by the local governing body of the reasonable costs of relocating and reconstructing the sign including: (a) the actual cost of removing the sign; (b) the actual cost of necessary repairs to the real property for damages caused in the removal of the sign; (c) the actual cost of installing the sign at the new location; and (d) an amount of money equivalent to the income received from the lease of the sign for a period of up to thirty days if income is lost during the relocation of the sign. (E) For the purposes of relocating and reconstructing a nonconforming off-premises outdoor advertising sign pursuant to subsection (D), a local governing body, consistent with the welfare and safety of the community as a whole, may adopt a resolution or adopt or modify its ordinances to provide for the issuance of a permit or other approval, including conditions as appropriate, or to provide for dimensional, spacing, setback, or use variances as it considers appropriate as long as it does not affect the provisions of Section 57-25-190(E). (F) If a local governing body has offered to enter into an agreement to relocate a nonconforming off-premises outdoor advertising sign pursuant to subsection (D), and within one hundred twenty days after the initial notice by the local governing body the parties have not been able to agree that the site or sites offered by the local governing body for relocation of the sign are reasonably comparable to or better than the existing site, the parties, by mutual agreement, may enter into binding arbitration to determine the comparability of the site offered for relocation. Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration. (G) If the arbitration proceeding pursuant to the provision of subsection (F) results in a determination that the site or sites offered by the local governing body for relocation of the nonconforming sign are not comparable to or better than the existing site, and the local governing body elects to proceed with the removal of the sign, the parties shall determine just compensation pursuant to Section 39-14-20(3) to be paid to the sign owner. If the parties are unable to reach an agreement regarding just compensation within thirty days of the receipt of the arbitrators' determination regarding relocation, and the local governing body elects to proceed with the removal of the sign, the parties, by mutual agreement, may enter into binding arbitration to determine the amount of just compensation to be paid pursuant to the factors provided in Section 39-14-20(3). Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator, and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration. (H) If the parties choose not to enter into binding arbitration for the purposes of either relocation or just compensation and the local governing body elects to proceed with the removal of the sign, the local governing body shall bring an action in circuit court for a determination of the just compensation to be paid by the local governing body to the sign owner for the removal of the sign. In determining just compensation, the court shall consider the factors as provided in Section 39-14-20(3). The court also shall determine and award reasonable attorneys' fees and expert witness fees incurred by the sign owner in the proceedings to determine the amount of just compensation. (I) Notwithstanding the provisions of this section, a local governing body and sign owner may enter into a voluntary agreement allowing for the removal of the sign after a set period of time instead of just compensation. (J) A local governing body shall not prevent the repositioning of a nonconforming sign on the same parcel of land to facilitate the development of the parcel so long as the repositioning of the sign does not increase the degree of the sign's nonconformity. (K) The requirement by a local governing body that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a zoning ordinance or issuance of a license or permit constitutes a compelled removal that is prohibited without prior payment of just compensation. (L) An off-premises outdoor advertising sign may not be removed until the owner of the property on which it is located has been compensated fully by the local governing body requiring the sign's removal for a loss which may be suffered as a result of the removal of the off-premises outdoor advertising sign through the termination of a lease or other financial arrangement with the sign owner. The compensation must include damage to the landowner's property occasioned by removal of the off-premises outdoor advertising sign. (M) The provisions of this section may not be used to interpret, construe, alter, or otherwise modify the exercise of the power of eminent domain by an entity pursuant to Article 3, Chapter 25, Title 57 or the manner in which outdoor advertising is valued by the South Carolina Department of Transportation. (N) Nothing in this section limits a local governing body's authority to use amortization as a means of phasing out nonconforming uses other than off- premises outdoor advertising.
S.C. Code Ann. § 39-73-365 — SC Code / Title 39 / Chapter 73 / Article 3 / Section 39-73-365
SECTION 39-73-365. Burden of proof as to exemptions.
Status: in_force

It is not necessary to negate the exemptions of this chapter in a complaint, information, indictment, a writ, or a proceeding brought under this chapter. The burden of proof of the exemption is upon the party claiming it.
S.C. Code Ann. § 39-73-10 — SC Code / Title 39 / Chapter 73 / Article 1 / Section 39-73-10
SECTION 39-73-10. Definitions.
Status: in_force

As used in this chapter: (1) "Administrator" means the South Carolina Attorney General. (2) "Board of Trade" means a person or group of persons engaged in buying or selling a commodity or receiving it for sale on consignment, whether the person or group of persons is characterized as a board of trade, exchange, or other form of marketplace. (3) "CFTC Rule" means a rule, regulation, or order of the Commodity Futures Trading Commission in effect on the effective date of this chapter and their amendments unless the administrator, within ten days following the effective date of an amendment disallows its application to this chapter by regulation. (4) "Commodity" means, except as otherwise specified by the administrator, an agricultural, a grain, or a livestock product or by-product, a metal or mineral, including a precious metal, a gem, or gemstone whether characterized as precious, semi-precious, or otherwise, a fuel whether liquid, gaseous, or otherwise, a foreign currency, and other goods, articles, products, or items. It does not include: (a) a numismatic coin whose fair market value is at least fifteen percent higher than the value of the metal it contains; (b) real property or a timber, an agricultural, or a livestock product grown or raised on real property and offered or sold by the owner or lessee of the property; or (c) a work of art offered or sold by art dealers at public auction or offered or sold through a private sale by the owner. (5) "Commodity Contract" means an account, an agreement, or a contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. A commodity contract offered or sold, in the absence of evidence to the contrary, is presumed to be offered or sold for speculation or investment purposes. A commodity contract does not include a contract or an agreement 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 total amount of each commodity to be purchased under the contract or agreement. (6) "Commodity Exchange Act" means the act of Congress known as the Commodity Exchange Act, as amended, unless the administrator within ten days following the effective date of an amendment, disallows the application to this chapter by regulation. (7) "Commodity Futures Trading Commission" means the independent regulatory agency established by Congress to administer the Commodity Exchange Act. (8) "Commodity merchant" means any of the following as defined or described in the Commodity Exchange Act or by CFTC Rule: (a) futures commission merchant; (b) commodity pool operator; (c) commodity trading advisor; (d) introducing broker; (e) leverage transaction merchant; (f) an associated person of item (a), (b), (c), (d), or (e); (g) floor broker; (h) other person, other than a futures association, required to register with the Commodity Futures Trading Commission. (9) "Commodity option" means an account, an agreement, or a contract giving a party the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or all of the foregoing, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise. It does not include an option traded on a national securities exchange registered with the United States Securities and Exchange Commission. (10) "Financial institution" means a bank, savings institution, or trust company organized under, or supervised pursuant to the laws of the United States or its states. (11) "Offer" includes every offer to sell, offer to purchase, or offer to enter into a commodity contract or commodity option. (12) "Person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. It does not include a contract market designated by the Commodity Futures Trading Commission, a clearinghouse of it, a national securities exchange registered with the Securities and Exchange Commission, or an employee, an officer, or a director of the contract market, clearinghouse, or exchange acting solely in that capacity. (13) "Precious metal" means the following in either coin, bullion, or other form: (a) silver; (b) gold; (c) platinum; (d) palladium; (e) copper; (f) other items the administrator may specify by regulation. (14) "Sale" or "sell" includes every sale, contract of sale, contract to sell, or disposition for value. Effect of Amendment 2025 Act No. 67, SECTION 1, in (1), substituted "Attorney General" for "Secretary of State".
S.C. Code Ann. § 39-7-40 — SC Code / Title 39 / Chapter 7 / Section 39-7-40
SECTION 39-7-40. Sale below stipulated price constitutes unfair competition.
Status: in_force

Wilfully and knowingly advertising, offering for sale or selling any commodity at less than the price stipulated in any contract containing either of the provisions mentioned in Section 39-7-30, whether the person so advertising, offering for sale or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby. 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. § 39-35-80 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-80
SECTION 39-35-80. Penalties; certificate of analysis is prima facie evidence.
Status: in_force

Any person violating any provisions of this article shall be guilty of a misdemeanor and may be proceeded against by any of the processes provided for misdemeanors and tried by any court having jurisdiction of misdemeanors in this State. Upon conviction, he shall be punished by a fine not to exceed one hundred dollars and not less than ten dollars. The sworn certificate or a certified official report of the chemist of the Department of Agriculture of the analysis of a suspected sample shall be recognized in all courts of this State as prima facie evidence of such analysis and of the composition and character of such sample.
S.C. Code Ann. § 39-23-40 — SC Code / Title 39 / Chapter 23 / Section 39-23-40
SECTION 39-23-40. Drug or device deemed misbranded.
Status: in_force

A drug or device shall be deemed to be misbranded: (a) If its label is false or misleading in any particular. (b) If in a package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that reasonable variations shall be permitted under regulations issued by the Director of Health and Environmental Control or issued under the Federal act. Provided, further, that in the case of any drug subject to Section 39-23-50(b)(1), the label shall contain the name and place of business of the manufacturer of the finished dosage form and, if different, the name and place of business of the packer or distributor. For the purpose of this paragraph, the finished dosage form of a drug is that form of the drug which is, or is intended to be, dispensed or administered to the ultimate user upon prescription or as otherwise dispensed by the pharmacist. (c) If any word, statement, or other information required by or under the authority of this chapter or the Federal Food, Drug, and Cosmetic Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (d) If it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substance, which derivative, after investigation, has been found to be, and designated as, habit forming, by regulations issued by the Director of Health and Environmental Control under this chapter, or by regulations issued pursuant to Section 502(d) of the Federal act, unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning - May be habit forming." (e)(1) If it is a drug, unless (A) its label bears, to the exclusion of any other nonproprietary name (except the applicable systematic chemical name or the chemical formula), (i) the established name (as defined in subparagraph (2)) of the drug, if such there be, and (ii) in case it is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the quantity, kind, and proportion of any alcohol, and also including whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilide, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein; provided, that the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this paragraph, shall apply only to prescription drugs; and (B) for any prescription drug the established name of such drug or ingredient, as the case may be, on such label (and on any labeling on which a name for such drug or ingredient is used) is printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient; and provided, that to the extent that compliance with the requirements of clause (A)(ii) or clause (B) of this subparagraph is impracticable, exemptions shall be established by regulations promulgated by the Director of Health and Environmental Control or under the Federal act. (2) As used in this paragraph (e), the term "established name," with respect to a drug or ingredient thereof, means (A) the applicable official name designated pursuant to Section 508 of the Federal Food, Drug, and Cosmetic Act as amended, or (B) if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium, or (C) if neither clause (A) nor clause (B) of this subparagraph applies, then the common or usual name, if any, of such drug or of such ingredient; provided, further, that where clause (B) of this paragraph applies to an article recognized in the United States Pharmacopoeia and in the Homeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the Homeopathic Pharmacopoeia shall apply. (f) Unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users; provided, that where any requirement of clause (1) of this paragraph, as applied to any drug or device, is not necessary for the protection of the public health, the Director of Health and Environmental Control shall promulgate regulations exempting such drug or device from such requirement; provided, further, that articles exempted under regulations issued under Section 502(f) of the Federal act shall also be exempt. (g) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein; provided, that the method of packing may be modified with the consent of the Director of Health and Environmental Control or if consent is obtained under the Federal act. 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 with respect to packaging, and labeling 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; provided, further, that, in the event of inconsistency between the requirements of this paragraph and those of paragraph (e) as to the name by which the drug or its ingredients shall be designated, the requirements of paragraph (e) shall prevail. (h) If it has been found by the Director of Health and Environmental Control or under the Federal act to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the Director of Health and Environmental Control or under the Federal act shall by regulations require as necessary for the protection of the public health. No such regulation shall be established for any drug recognized in an official compendium until the Director of Health and Environmental Control shall have informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements. (i)(1) If it is a drug and its container is so made, formed, or filled as to be misleading; or (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of another drug. (j) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof. (k) In the case of any prescription drug distributed or offered for sale in any state, unless the manufacturer, packer, or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug a true statement of (1) the established name as defined in Section 39-23-40(e), printed prominently and in type at least half as large as that used for any trade or brand name thereof, (2) the formula showing quantitatively each ingredient of such drug to the extent required for labels under Section 39-23-40(e), and (3) such other information in brief summary relating to side effects, contraindications, and effectiveness as shall be required in regulations which shall be issued under the Federal act.
S.C. Code Ann. § 39-15-510 — SC Code / Title 39 / Chapter 15 / Article 5 / Section 39-15-510
SECTION 39-15-510. Situation in which article is inapplicable.
Status: in_force

The provisions of this article shall not be construed to apply when fruits, vegetables or their by-products are wrapped or packed in such accepted or prescribed standard containers as are prescribed and designated by the Bureau of Standards, United States Department of Agriculture, and are used only as receptacles or containers for fruits, vegetables or their by-products when offered for transportation or sale only.
S.C. Code Ann. § 39-20-20 — SC Code / Title 39 / Chapter 20 / Section 39-20-20
SECTION 39-20-20. Definitions.
Status: in_force

For purposes of this chapter: (a) "Last known address" means the physical, mailing, or electronic mail address provided by the occupant either in the latest rental agreement or in a subsequent written notice of a change of address as the address the occupant selects for the owner to use for making contact or providing notice to the occupant under the provisions of this chapter. (b) "Occupant" means a person, his sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (c) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement. (d) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items. (e) "Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (f) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property. No occupant may use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of Chapter 19, Title 39 and the provisions of law relative to bonded public warehousemen do not apply to the owner of a self-service storage facility. A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities. (g) "Electronic mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which a confirmation of receipt is received. Effect of Amendment 2014 Act No. 136, SECTION 1, rewrote subsection (a), added subsection (g), and made other nonsubstantive changes.
S.C. Code Ann. § 39-5-35 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-35
SECTION 39-5-35. Requiring certain insurance coverage as unfair trade practice.
Status: in_force

It shall be an unlawful trade practice under Section 39-5-20 for any person engaged in the business of lending money to make it a condition of obtaining a loan for the purchase of an automobile that the borrower carry full coverage comprehensive or fifty dollars collision coverage.
S.C. Code Ann. § 39-33-1570 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1570
SECTION 39-33-1570. Possession of milk containers of another for more than seven days is unlawful.
Status: in_force

It shall be further unlawful for any person to retain possession of any milk bottles, milk cans or milk bottle crates not his property for a period longer than seven days. But this section shall not apply to any retail consumer who purchased the milk which came in any such bottle.
S.C. Code Ann. § 39-8-30 — SC Code / Title 39 / Chapter 8 / Section 39-8-30
SECTION 39-8-30. Trade secrets; employees' obligation to refrain from disclosing; civil actions and remedies.
Status: in_force

(A) A trade secret endures and is protectable and enforceable until it is disclosed or discovered by proper means. (B) Every employee who is informed of or should reasonably have known from the circumstances of the existence of any employer's trade secret has a duty to refrain from using or disclosing the trade secret without the employer's permission independently of and in addition to any written contract of employment, secrecy agreement, noncompete agreement, nondisclosure agreement, or other agreement between the employer and the employee. (C) A person aggrieved by a misappropriation, wrongful disclosure, or wrongful use of his trade secrets may bring a civil action to recover damages incurred as a result of the wrongful acts and to enjoin its appropriation, disclosure, use, or wrongful acts pertaining to the trade secrets. (D) A contractual duty not to disclose or divulge a trade secret, to maintain the secrecy of a trade secret, or to limit the use of a trade secret must not be considered void or unenforceable or against public policy for lack of a durational or geographical limitation. (E) This chapter applies to any and all civil remedies which are based upon misappropriation of a trade secret or upon protection of a trade secret except as provided in Section 39-8-110(B) and (C).
S.C. Code Ann. § 39-19-80 — SC Code / Title 39 / Chapter 19 / Article 1 / Section 39-19-80
SECTION 39-19-80. Warehouse receipts issued by corporations formed, owned, or controlled by cooperatives.
Status: in_force

Any warehousing corporation organized, formed, operated, owned or controlled by an association formed under Chapter 47 of Title 33 or in which any such association shall have an interest, own stock or be a member may issue legal warehouse receipts to the association or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented thereby. In case a warehouse of such a corporation is licensed or bonded under the laws of this State or the United States its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
S.C. Code Ann. § 39-11-80 — SC Code / Title 39 / Chapter 11 / Section 39-11-80
SECTION 39-11-80. Refusal or revocation of license.
Status: in_force

The Commissioner of Agriculture, after a hearing, may refuse to issue or may revoke a public weighmaster license issued to any person who cannot capably or reliably perform the duties of a public weighmaster, and he, after a hearing, may refuse to renew a public weighmaster license to any person who has not capably or reliably performed the duties of a public weighmaster. Effect of Amendment The 2010 amendment deleted the second undesignated paragraph relating to deputy weighmaster licenses.
S.C. Code Ann. § 39-17-10 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-10
SECTION 39-17-10. Declaration of purpose.
Status: in_force

The purpose of this article is to give authority to investigate marketing conditions and to establish and maintain standard containers, grades and State brands for fresh fruits and vegetables in the State.
S.C. Code Ann. § 39-25-120 — SC Code / Title 39 / Chapter 25 / Section 39-25-120
SECTION 39-25-120. Promulgation of regulations containing labeling requirement exemptions; effect of Federal regulations.
Status: in_force

The Commissioner shall promulgate regulations exempting from any labeling requirement of this chapter food which is, in accordance with the practice of the trade to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such food is not adulterated or misbranded under the provisions of this chapter upon removal from such processing, labeling, or repacking establishment. Regulations now or hereafter adopted under authority of the Federal act relating to such exemptions are automatically effective in this State. However, the Commissioner may promulgate additional regulations or amendments to existing regulations concerning exemptions.
S.C. Code Ann. § 39-25-40 — SC Code / Title 39 / Chapter 25 / Section 39-25-40
SECTION 39-25-40. Injunctions.
Status: in_force

In addition to the remedies hereinafter provided the Commissioner is hereby authorized to apply to the appropriate circuit court and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of Section 39-25-30; irrespective of whether or not there exists an adequate remedy at law.
S.C. Code Ann. § 39-9-208 — SC Code / Title 39 / Chapter 9 / Section 39-9-208
SECTION 39-9-208. Unlawful acts; criminal penalties.
Status: in_force

(A) A person who commits one or more of the acts enumerated in Section 39-9-200 is guilty of a misdemeanor, and, upon a first conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than three months, or both. Upon a subsequent conviction, he must be fined not less than five hundred nor more than one thousand dollars or imprisoned not more than one year, or both. (B) A person who performs one or more of the following acts is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars or imprisoned not more than ten years, or both: (1) intentionally violates this chapter or regulations promulgated pursuant to it; (2) is convicted under subsection (A) more than three times in a two-year period; (3) uses or has in possession a device which has been altered to facilitate fraud.
S.C. Code Ann. § 39-15-1190 — SC Code / Title 39 / Chapter 15 / Article 11 / Section 39-15-1190
SECTION 39-15-1190. Sale of goods or services with counterfeit mark; production or reproduction of counterfeit mark; penalties.
Status: in_force

(A) For purposes of this section: (1) "Counterfeit mark" means a mark that is: (a) identical to, or substantially indistinguishable from, a registered mark or unregistered mark; (b) used in connection with the sale or offering for sale of goods or services that are identical to, or substantially indistinguishable from, the goods or services with which the registered or unregistered mark is identified; (c) likely to cause confusion, mistake, or deception if used; and (d) not authorized by the owner of the registered or unregistered mark. (2) "Registered mark" means a mark that is registered on the principal register of the United States Patent and Trademark Office or with the South Carolina Secretary of State. (3) "Retail sales value" means the value computed by multiplying the number of items having a counterfeit mark used on them or in connection with them by the retail price at which a similar item having a mark used on it or in connection with it, the use of which is authorized by the owner, is offered for sale to the public. (4) "Unregistered mark" means a symbol, sign, emblem, insignia, trademark, trade name, or word protected by the federal Amateur Sports Act of 1978, Title 36 U.S.C. Section 380. (B)(1) It is unlawful for a person knowingly and wilfully to transport, transfer, distribute, sell, or otherwise dispose of, or to possess with intent to transfer, transport, distribute, sell, or otherwise dispose of, an item having a counterfeit mark on it or in connection with it. (a) A person who knowingly and wilfully violates this subsection with respect to goods or services having a retail sales value of less than fifty thousand dollars is guilty of the offense of distribution of counterfeit marks and, upon conviction, must be punished as follows: (i) if the goods or services have a retail sales value of two thousand dollars or less, the person is guilty of a misdemeanor and must be fined not more than one thousand dollars or imprisoned not more than one year, or both; (ii) if the goods or services have a retail sales value of more than two thousand dollars but less than ten thousand dollars, the person is guilty of a felony and must be fined not more than ten thousand dollars or imprisoned not more than three years, or both; (iii) if the goods or services have a retail sales value of ten thousand dollars or more, but less than fifty thousand dollars, the person is guilty of a felony and must be fined not more than twenty thousand dollars or imprisoned not more than five years, or both; (iv) for a second or subsequent conviction of the offenses described in subitem (a), without regard to the retail sales value of the goods or services, the person is guilty of a felony and must be fined not less than one thousand dollars or more than fifty thousand dollars or imprisoned not more than ten years, or both. (b) A person who knowingly and wilfully violates the provisions of this subsection with respect to goods or services having a retail sales value of fifty thousand dollars or more is guilty of the offense of trafficking in counterfeit marks. A person who knowingly and wilfully commits the offense of trafficking as described in this subitem is guilty of a felony and, upon conviction, must be punished as follows: (i) for a first offense, fined not less than ten thousand dollars or more than twenty-five thousand dollars or imprisoned not more than five years, or both; (ii) for a second or subsequent offense, fined not less than twenty thousand dollars or more than fifty thousand dollars or imprisoned not more than ten years, or both. (2) The possession, custody, or control of more than twenty-five items having a counterfeit mark used on them or in connection with them is prima facie evidence of a violation of this section. (C) A person who knowingly and wilfully uses any object, tool, machine, or other device to produce or reproduce a counterfeit mark or knowingly and wilfully has possession, custody, or control of any object, tool, machine, or device with intent to produce or reproduce a counterfeit mark is guilty of producing or reproducing counterfeit marks and, upon conviction, must be punished as provided in subsection (B). (D) Personal property, including any item, object, tool, machine, or device of any kind, employed as an instrumentality in the commission of or in aiding or abetting in the commission of a violation of subsection (B) or (C), is considered contraband and is subject to seizure and forfeiture in the same manner as other property used in the commission of specified criminal offenses as provided by law. (E) For purposes of enforcing this section, investigators in the office of the Secretary of State have statewide jurisdiction. These investigators may conduct investigations independently or may assist local law enforcement agencies in their investigations and may initiate and carry out, in coordination with local law enforcement agencies, investigations of violations of this section. (F) The Secretary of State may refer available evidence concerning violations of this section to the appropriate solicitor who may, with or without the reference, institute the appropriate criminal proceedings. (G) The Secretary of State also may refer available evidence concerning violations of this section to the Department of Revenue for purposes of determining the obligations of the violators of this section pursuant to state income and other taxation laws. (H) The provisions of this section do not apply to persons who own, rent, or manage premises occupied by retailers unless that person had actual knowledge or actively participated in a violation of this section. Effect of Amendment The 2006 amendment rewrote this section.
S.C. Code Ann. § 39-9-206 — SC Code / Title 39 / Chapter 9 / Section 39-9-206
SECTION 39-9-206. Administrative hearing before assessment of a civil penalty; amount of penalty.
Status: in_force

(A) Subject to appropriate judicial review, upon a violation of this chapter, the Commissioner of Agriculture or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than: (1) one hundred nor more than two hundred dollars for a first offense; (2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense; (3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense. (B) A civil penalty collected under this chapter must be transmitted to the State Treasurer for deposit in a fund to be used by the Department of Agriculture.
S.C. Code Ann. § 39-35-20 — SC Code / Title 39 / Chapter 35 / Article 1 / Section 39-35-20
SECTION 39-35-20. Harmless coloring matters in milk products permitted.
Status: in_force

Nothing in this article shall be construed to prohibit the use of salt, rennet or harmless coloring matter for coloring the products of pure milk or cream from pure milk.
S.C. Code Ann. § 39-33-1580 — SC Code / Title 39 / Chapter 33 / Article 13 / Section 39-33-1580
SECTION 39-33-1580. Penalties for violating Sections 39-33-1550 to 39-33-1570.
Status: in_force

Any person violating any of the provisions of Sections 39-33-1550 to 39-33-1570 shall be punished upon conviction by a fine not exceeding two hundred dollars or imprisonment not exceeding sixty days, either or both, or any portion of either or both, in the discretion of the court.
S.C. Code Ann. § 39-1-20 — SC Code / Title 39 / Chapter 1 / Section 39-1-20
SECTION 39-1-20. Making intentionally untrue statement in advertising.
Status: in_force

Any person who knowingly with intent to sell or in any wise dispose of merchandise, securities, service or anything offered by such person, directly or indirectly, to the public for sale or distribution or with intent to increase the consumption thereof, to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or an interest therein makes, publishes, disseminates, circulates or places before the public or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public which contains any assertion, representation or statement of fact which is intentionally untrue shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment at hard labor for not less than thirty days nor more than six months, in the discretion of the court.
S.C. Code Ann. § 39-1-55 — SC Code / Title 39 / Chapter 1 / Section 39-1-55
SECTION 39-1-55. Gift certificates; expiration; notice of expiration and conditions relating to use.
Status: in_force

(A) As used in this section, "gift certificate" means a certificate that is issued or sold by a person engaged in the business of offering goods or services for sale at retail and that entitles a recipient of the certificate to the delivery of goods or services from the person who issued or sold the certificate. This term includes a gift card used for the same purpose as a gift certificate. (B) A person shall not issue or sell a gift certificate which provides that the certificate expires before the first anniversary of the date on which the certificate is issued or sold. However, a person may issue or sell a gift certificate which provides for an expiration date before the first anniversary of the date on which the certificate is issued or sold as long as the expiration date is on the front of the gift certificate in capitalized letters in at least ten-point font. A gift certificate that contains an expiration date which does not conform to this subsection expires on the first anniversary of the date on which the certificate is issued or sold. (C) A condition relating to the use of a gift certificate must be stated clearly on the certificate, the envelope, or covering of the certificate, or the receipt given to the purchaser of the certificate, if the condition provides that the certificate decreases in value over a period of time or that a fee is charged against the balance of the certificate after a certain period of time. A gift certificate that does not state clearly a condition described by this subsection may be redeemed at any time for the original value of the certificate, less any amount charged against the balance of the certificate by the consumer. (D) This section applies only to a gift certificate issued or sold on or after the effective date of this section.
S.C. Code Ann. § 39-59-60 — SC Code / Title 39 / Chapter 59 / Section 39-59-60
SECTION 39-59-60. Liability for failure to make timely repurchase of inventory.
Status: in_force

If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this chapter within the time periods established in Section 39-59-30, he is civilly liable for one hundred percent of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's reasonable attorney's fees, court costs, and interest on the current net price computed at the legal rate of interest from the ninety-first day after contract termination.
S.C. Code Ann. § 39-61-20 — SC Code / Title 39 / Chapter 61 / Section 39-61-20
SECTION 39-61-20. Definitions.
Status: in_force

As used in this chapter: (a) "Administrator" means the Administrator of the Department of Consumer Affairs. (b) "Club" means a person engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services. This definition does not include an entity that enters into a service contract with a club licensed under this chapter for the provision of emergency road service and towing service to the customers of the entity. (c) "Club representative" means any individual in this State designated by the club who acts or aids in any manner in the solicitation, negotiation, or renewal of service contracts. This definition does not include any individual performing only work of a clerical nature in the office of a club or providing an application to a potential club member. (d) "Insurance service" means any act by a club to sell or furnish to a member insurance benefits, including, but not limited to, accidental injury and death benefits when the insurance is issued only by an insurance company duly authorized to do business in this State. (e) "Motor club service" means the rendering, furnishing, or procuring of, or reimbursement for, any of the following: towing service, bail and arrest bond service, emergency road service, claim adjustment service, legal service, theft service, map service, emergency travel expense service, community traffic safety service, license service, merchandise and discount service, travel, touring, and travel information service, guaranteed hotel/motel rates service, new car pricing service, financial service, check cashing service, personal property registration service, credit card service, insurance service, and buying and selling service to any member of the club. (f) "Service contract" means any written agreement whereby any club, for a consideration, promises to render, furnish, or procure for any member a motor club service. Effect of Amendment The 2012 amendment rewrote subsection (b).
S.C. Code Ann. § 39-29-10 — SC Code / Title 39 / Chapter 29 / Section 39-29-10
SECTION 39-29-10. Definitions.
Status: in_force

The following definitions shall apply in the interpretation and enforcement of the provisions of this chapter: (1) The term "corn meal" means all types of corn meal intended for human consumption; (2) The term "corn grits" means all types of corn grits intended for human consumption; (3) The term "appropriate federal agency" means the Department of Health and Human Services or any other federal agency charged with the enforcement and administration of the Federal Food, Drug and Cosmetic Act; and (4) The term "Commissioner" means the Commissioner of Agriculture of this State. Effect of Amendment The 1987 amendment replaced "Department of Health Education and Welfare" with "Department of Health and Human Services", and "Federal" with "federal" in item (3).
S.C. Code Ann. § 39-19-440 — SC Code / Title 39 / Chapter 19 / Article 5 / Section 39-19-440
SECTION 39-19-440. Delivery records must be kept by warehouseman or cooperative.
Status: in_force

Any such warehouseman or cooperative marketing association shall keep a record of such purchase or delivery showing the quantity of leaf tobacco so delivered, the name of the owner thereof given as provided in Section 39-19-430, the name of the person from whom the person other than the producer or landlord on whose land the tobacco was produced obtained it and the name of the landlord on whose land it was produced.
S.C. Code Ann. § 39-17-340 — SC Code / Title 39 / Chapter 17 / Article 3 / Section 39-17-340
SECTION 39-17-340. Unlawful acts; penalties.
Status: in_force

(A) It is unlawful for a person to: (1) ship, or undertake to ship, watermelons in carload lots from any point within this State in violation of the provisions of this article; or (2) sign, or cause to be signed, a false certificate as to the grade and kind of melons shipped. (B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both. Effect of Amendment The 1993 amendment rewrote this section so as to change the maximum term of imprisonment to conform to the classification established for each offense.
S.C. Code Ann. § 39-24-50 — SC Code / Title 39 / Chapter 24 / Section 39-24-50
SECTION 39-24-50. Retroactive effect.
Status: in_force

No provisions of this chapter shall apply to, nor be construed to invalidate, prescriptions issued prior to the effective date of this chapter; provided, that an oral authorization for substitution may be obtained from the prescribing practitioner by the pharmacist on any prescription issued prior to the effective date of this chapter.
S.C. Code Ann. § 39-3-30 — SC Code / Title 39 / Chapter 3 / Article 1 / Section 39-3-30
SECTION 39-3-30. Injured person may recover damages.
Status: in_force

Any person who may be injured or damaged by any such arrangement, contract, agreement, trust or combination described in Section 39-3-10 may sue for and recover, in any court of competent jurisdiction in this State, from any person operating such trust or combination, the full consideration or sum paid by him for any goods, wares, merchandise or articles the sale of which is controlled by such combination or trust.
S.C. Code Ann. § 39-17-160 — SC Code / Title 39 / Chapter 17 / Article 1 / Section 39-17-160
SECTION 39-17-160. Construction.
Status: in_force

This article shall not be construed so as to conflict with any statute of the United States regulating commerce among the several states or in any place under the exclusive jurisdiction of the United States.
S.C. Code Ann. § 39-24-60 — SC Code / Title 39 / Chapter 24 / Section 39-24-60
SECTION 39-24-60. Out-of-state and United States Government prescriptions.
Status: in_force

This chapter shall not be construed to prevent registered pharmacists from filling, as otherwise provided by law, prescriptions originating outside the boundaries of this State and official United States Government prescriptions issued by authorized governmental officials.
S.C. Code Ann. § 39-75-150 — SC Code / Title 39 / Chapter 75 / Article 3 / Section 39-75-150
SECTION 39-75-150. Data sharing.
Status: in_force

The department and the Department of Revenue shall work collaboratively to share data regarding fee collection, waste tire hauling, and disposal practices to ensure compliance with waste tire hauling requirements.
S.C. Code Ann. § 39-11-90 — SC Code / Title 39 / Chapter 11 / Section 39-11-90
SECTION 39-11-90. Limited licenses for public officers and employees.
Status: in_force

The Commissioner may, upon request and without charge, issue a limited license as a licensed public weighmaster to any qualified officer or employee of a city or county of this State or of a State commission, board, institution, or agency, authorizing such officer or employee to act as a licensed public weighmaster only within the scope of his official employment in the case of an officer or employee of a city or county or only for and on behalf of the State commission, board, institution, or agency in the case of an officer or employee thereof.
S.C. Code Ann. § 39-61-120 — SC Code / Title 39 / Chapter 61 / Section 39-61-120
SECTION 39-61-120. Registration of club representatives; termination of representative's authority; fee.
Status: in_force

(a) No individual may act as a club representative in this State without the club having registered the individual with the Administrator within thirty days of the date of designation as a club representative. Registration as a club representative must be made to the Administrator upon forms prescribed and furnished by him. The registration is permanent, subject to revocation or suspension as provided in this chapter. (b) The club representative shall furnish information concerning his identity, business address, personal history, business experience, and other information that the Administrator considers pertinent and germane. A club representative: (1) Must be at least eighteen years of age. (2) Must be a trustworthy person of good repute. (3) Shall have received training from the club or must have otherwise qualified by experience in the business of clubs rendering motor club services. (c) Any willful misrepresentation of any information required to be disclosed in any registration is subject to the sanctions provided for in this chapter. (d) Upon termination of any club representative's authority to act on behalf of the club, the club shall notify the Administrator in writing within thirty days of termination. (e) The fee to be paid to the Administrator at the time registration is made and annually on or before April thirtieth for the renewal is twenty dollars. Effect of Amendment The 1987 amendment, by Act No. 56, SECTION 4, raised the fee to twenty dollars.
S.C. Code Ann. § 39-61-190 — SC Code / Title 39 / Chapter 61 / Section 39-61-190
SECTION 39-61-190. Incidental services.
Status: in_force

Nothing contained in this chapter prohibits a club from offering services which augment or are incidental to any service offered by the club or any other services which are of assistance and are beneficial to members and are feasible for the club to render.
S.C. Code Ann. § 39-35-230 — SC Code / Title 39 / Chapter 35 / Article 3 / Section 39-35-230
SECTION 39-35-230. Specifications as to vitamins shall conform to certain Federal standards.
Status: in_force

The State Department of Agriculture shall change or add to the specifications for ingredients and the amounts thereof as necessary to conform to any changes in the ruling of the Federal agency concerning the addition of vitamins to oleomargarine appearing in Volume 6, page 2763, of the Federal Register, under date of June 7, 1941.
S.C. Code Ann. § 39-5-170 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-170
SECTION 39-5-170. Vehicle glass repair business; unlawful practices.
Status: in_force

It is an unfair trade practice and unlawful for a person who is acting on behalf of or engaged in a vehicle glass repair business to offer or make a payment or transfer money or other consideration to: (1) a third person for the third person's referral of an insurance claimant to the vehicle glass repair business for the repair or replacement of vehicle safety glass; (2) an insurance claimant in connection with the repair or replacement of vehicle safety glass; or (3) waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the vehicle glass repair business.
S.C. Code Ann. § 39-5-510 — SC Code / Title 39 / Chapter 5 / Article 5 / Section 39-5-510
SECTION 39-5-510. Definitions.
Status: in_force

When used in this article: (a) "Theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge. (b) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing. (c) "Exhibitor" means any person engaged in the business of operating one or more theaters. (d) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge. (e) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture. (f) "Bid" means a written or oral offer or proposal by an exhibitor to a distributor in response to an invitation to bid or otherwise stating the terms under which the exhibitor will agree to exhibit a motion picture. (g) "License agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. (h) "Trade screening" means the showing of a motion picture by a distributor at a location within the State or in the Film Exchange Center in the State of North Carolina which is open to any exhibitor interested in exhibiting the motion picture. (i) "Blind bidding" means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened within the State or in the Film Exchange Center in the State of North Carolina before any such event has occurred. (j) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run.
S.C. Code Ann. § 39-6-110 — SC Code / Title 39 / Chapter 6 / Section 39-6-110
SECTION 39-6-110. Unreasonable restrictions on dealers; sales agreements for competing lines; separate facilities requirement.
Status: in_force

(A) It is unlawful to impose, directly or indirectly, unreasonable restrictions on the equipment dealer relative to transfer, sale, renewal, termination, discipline, noncompetition, or site-control. (B) A manufacturer may not prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment. (C) This section does not prevent a manufacturer from requiring that competing lines of equipment be established in separate facilities. Written notice must be provided to a dealer by the manufacturer at least four years before requiring separate facilities for competing lines of equipment.
S.C. Code Ann. § 39-5-140 — SC Code / Title 39 / Chapter 5 / Article 1 / Section 39-5-140
SECTION 39-5-140. Actions for damages.
Status: in_force

(a) Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by Section 39-5-20 may bring an action individually, but not in a representative capacity, to recover actual damages. If the court finds that the use or employment of the unfair or deceptive method, act or practice was a willful or knowing violation of Section 39-5-20, the court shall award three times the actual damages sustained and may provide such other relief as it deems necessary or proper. Upon the finding by the court of a violation of this article, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs. (b) Upon commencement of any action brought under subsection (a) of this section, the clerk of court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General. (c) Any permanent injunction, judgment or order of the court made under Section 39-5-50 shall be prima facie evidence in an action brought under Section 39-5-140 that the respondent used or employed a method, act or practice declared unlawful by Section 39-5-20. (d) For the purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 39-5-20.