reglab/housing_qa huggingface dataset:
SC Code § 46-41-95 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-95. Records to be maintained by dealer; inspection of records.

 (1) Each licensed dealer shall maintain complete and current records to show all transactions of business as defined in item (1) of Section 46-41-10. All records shall be maintained on a daily basis as directed by the Commissioner. The Department of Agriculture shall by regulation establish the forms on which such records shall be kept.  (2) All records shall be available for inspection by the Commissioner or his agents during ordinary business hours and any other time specified by the Commissioner or his agents in writing.  (3) All records shall be kept for a period of not less than six years. Such records shall be kept for the stated time period even if a license has been canceled.  HISTORY: 1981 Act No. 156 Section 23.
SC Code § 46-41-100 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-100. Investigations by Commissioner; examination of documents.

 The Commissioner shall have power to investigate upon complaint of any interested person or upon his own initiative the record of any applicant, licensee or unlicensed person, partnership or corporation alleged or suspected to be a dealer in agricultural products, or any transaction involving the solicitation, receipt, sale or attempted sale of agricultural products, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions with intent to deceive, or the failure to make payment for goods received, or other alleged injurious transactions. For such purposes the Commissioner or his agents may examine, at the place or places of business of the applicant or licensee, his ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, and may take testimony under oath.  HISTORY: 1962 Code Section 3-760; 1967 (55) 349; 1981 Act No. 156 Section 24.
SC Code § 46-41-110 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-110. Inspection of despoliated products before sale.

 Whenever produce is shipped to or received by a licensed dealer for handling, purchase or sale in this State at any market point, and the dealer finds such to be in a spoiled, damaged, unmarketable or unsatisfactory condition, unless both parties shall waive inspection before sale or other disposition, he shall cause it to be examined by an inspector of the South Carolina Department of Agriculture or by a qualified inspector licensed by the United States Department of Agriculture, and such inspector shall execute and deliver a certificate to the applicant stating the day and the time and place of such inspection and the condition of such produce, and mail or deliver a copy of such certificate to the shipper.  HISTORY: 1962 Code Section 3-761; 1967 (55) 349.
SC Code § 46-41-120 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-120. Grounds for refusal; suspension or revocation of license.

 The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has either:  (1) Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied; or  (2) Made false charges for handling or services rendered; or  (3) Failed to account promptly and properly, or to make settlements with any producer; or  (4) Made any false statement or statements as to condition, quality or quantity of goods received or held for sale when he could have ascertained the true condition, quality or quantity by reasonable inspection; or  (5) Made any false or misleading statement as to market conditions or service rendered; or  (6) Been guilty of a fraud in the attempt to produce or the procurement of a license; or  (7) Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer, consigning such products, or without notifying such producer; or  (8) Failed to remain acceptable for coverage under the surety bond required by Section 46-41-60 or to cooperate with the bond provider.  HISTORY: 1962 Code Section 3-762; 1967 (55) 349; 1981 Act No. 156 Section 25.
SC Code § 46-41-130 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-130. Procedure for refusal, suspension, or revocation of license; temporary suspension.

 (A) Before the commissioner refuses to issue a license or revokes a license he shall give ten days' notice, by registered mail, to the applicant or licensee of a time and place of hearing. At the hearing the applicant or licensee must be allowed to appear in person or by or with counsel and to produce witnesses. If the commissioner finds the applicant or licensee guilty of any of the acts provided in Section 46-41-120 or finds that the grain dealer has not paid the assessment prescribed by Section 46-40-60(B) of the Grain Dealers Guaranty Fund, the commissioner may refuse, suspend, or revoke the license and shall give immediate notice of his action to the applicant or licensee.  (B) The commissioner may temporarily suspend and take possession of a license simultaneously with the institution of proceedings under this section or Section 46-41-70 if he finds there is imminent danger to public welfare.  HISTORY: 1962 Code Section 3-763; 1967 (55) 349; 1981 Act No. 156 Section 26; 2002 Act No. 340, Section 9, eff June 30, 2002.
SC Code § 46-41-140 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-140. Rules and regulations.

 The Commissioner shall adopt rules and regulations necessary to carry out the provisions of this chapter.  HISTORY: 1962 Code Section 3-764; 1967 (55) 349.
SC Code § 46-41-150 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-150. Employment of help and services.

 The Commissioner may employ all help and services as may be necessary and fix their compensation.  HISTORY: 1962 Code Section 3-765; 1967 (55) 349.
SC Code § 46-41-160 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-160. Disposition of license fees.

 All moneys received as license fees shall be placed in the general fund of the State.  HISTORY: 1962 Code Section 3-766; 1967 (55) 349.
SC Code § 46-41-170 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-170. Penalty; enforcement by injunction; probation; civil fine.

 (1) Any dealer in agricultural products violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall for the first offense be fined not less than one thousand dollars or, in the case of individuals, the members of a partnership, and the responsible officers and agents of an association or corporation, imprisoned not exceeding six months, and for a second or subsequent offense shall, upon conviction thereof, be fined not less than three thousand dollars or imprisoned not exceeding one year, or both in the discretion of the court.  (2) In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the Commissioner is hereby authorized to make application for injunction to a circuit court and such circuit court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter, or any rule or regulation, such injunction to be issued without bond.  (3) The Commissioner may, by issuing his order, place any licensee who violates any provision of the chapter or any unlicensed person found to have been dealing in agricultural products on probation or levy a civil fine of not more than one thousand dollars, or both. All monies received as civil fines shall be remitted to the State Treasurer to be credited to the Grain Producers Guaranty Fund established by Article 2 of this chapter. When the fund reaches six million dollars such civil fines shall be remitted to the general fund of the State. The licensee may appeal the levy of the civil fines to the circuit court of the county in which the alleged unlawful activity was performed.  HISTORY: 1962 Code Section 3-767; 1967 (55) 349; 1981 Act No. 156 Section 27; 2000 Act No. 381, Part II, Section 2(C), eff June 14, 2000.
SC Code § 46-41-180 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-180. Appointment of Commissioner as agent for service of process.

 Every dealer who is a nonresident or every resident dealer who subsequently becomes a nonresident of this State shall be deemed to have appointed the Commissioner of Agriculture as his true and lawful attorney in fact for the service of process upon him in any action in the courts of this State for any violation of the provisions of this chapter.  HISTORY: 1962 Code Section 3-768; 1967 (55) 349.
SC Code § 46-41-200 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-200. Establishment of South Carolina Grain Producers Guaranty Fund.

 There is created within the State Treasury a fund to be known as the "South Carolina Grain Producers Guaranty Fund" (fund).  HISTORY: 1981 Act No. 156 Section 28; 2000 Act No. 381, Part II, Section 2(B), eff June 14, 2000.
SC Code § 46-41-210 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-210. Definitions.

 As used in this article:  (1) "Department" means the South Carolina Department of Agriculture.  (2) "Fair market value" means the value based on the average market price being paid to producers on a specified date by the three licensed grain dealers nearest the grain dealer involved in the loss.  (3) "Grain" means any feed grains or oil seeds, except cotton seeds.  (4) "Grain dealer" means any person engaged in this State in buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of grain purchased from the producer or his agent or representative or received to be handled on a net return basis from the producer.  (5) "Loss" means any monetary loss over and beyond the amount protected by the dealer's bond as a result of doing business with a dealer which includes, but is not limited to, bankruptcy, embezzlement, or fraud.  (6) "Producer" means any producer of grain.  (7) "Date of loss" means the date the grain dealer filed a petition for bankruptcy; or, if bankruptcy is not declared, the date a check was returned for insufficient funds, or the date otherwise determined by the department.  HISTORY: 1981 Act No. 156 Section 28; 1988 Act No. 435, eff April 5, 1988.
SC Code § 46-41-220 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-220. Assessment on grain.

 An assessment of one cent a bushel must be imposed on all soybeans and one-half cent a bushel on all other grain delivered by producers to grain dealers licensed under this chapter other than grain for which a producer has received payment in currency or cashier's check on delivery, or received a state warehouse receipt issued in the producer's name or that of his designee. The grain dealer shall collect the assessment from the producer at the time of settlement with the producer. The assessment must be reported and remitted to the department by the grain dealer as of the month in which the grain was delivered to the grain dealer, except as provided by Section 46-41-240. The department shall remit the assessment to the State Treasurer to be credited to the fund.  HISTORY: 1981 Act No. 156 Section 28; 1982 Act No. 468, Section 2; 1983 Act No. 112 Section 6; 1988 Act No. 435, eff April 5, 1988.
SC Code § 46-41-240 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-240. Grain dealer to remit and file report of assessments; penalty; hearing.

 (1) The grain dealer shall remit assessments and file with the Department a report of such assessments on grain received by him by the fifteenth day of each calendar month following any calendar month in which the grain dealer has received quantities of grain subject to assessments totaling fifty dollars or more. If such grain dealer has received quantities of grain subject to assessments totaling less than fifty dollars in any calendar month, the assessments may be reported and remitted with the following month's return. All assessments shall be remitted at least once every three months.  (2) In case any person subject to this section fails to make a report and remittance when required, the Department shall determine the amount of such assessment according to its best judgment and information and such amount shall be prima facie correct, and the person who failed to make the report shall, within ten days after notice of the amount of the assessment is mailed to him, pay the assessment, together with a penalty of ten percent, or dispute such assessment and request a hearing to determine its amount and the penalty to be imposed. No payment shall be made until the Department enters its order determining the amount of the payment but such payment shall be made within ten days' notice of the order. On failure to remit payment within ten days of the receipt of notice of the order, the Department may suspend the dealer's license under the provisions of Section 46-41-130.  HISTORY: 1981 Act No. 156 Section 28.
SC Code § 46-41-250 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-250. Election not to participate in fund; application for exemption.

 Notwithstanding any other provision of this chapter, any producer may elect not to participate in the fund for any calendar year by applying for an exemption with the South Carolina Department of Agriculture as provided in this section.  The election consists of a written, notarized application upon a form designed and provided by the Department of Agriculture. The application must be filed with the Department before April 1 of the year for which the exemption is desired.  Upon filing of the application, the Department must issue the applicant an exemption certificate specifying the producer, commodity exempted, and period of exemption. Such certificate, when presented to the grain dealer upon delivery of the grain, entitles the specified producer to an exemption from the dealer's and handler's assessment on the specified commodity.  When an exemption is granted under this section the grain dealer must retain a copy of the exemption certificate for a period of not less than two years. Any producer who elects not to participate in the fund is not eligible to be reimbursed for any loss for the commodity exempted for that calendar year.  HISTORY: 1983 Act No. 112 Section 5.
SC Code § 46-42-10 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds|Section 46-42-10. Responsibility, training, and certification of persons engaged in sampling, grading, and inspection of grains and oilseeds.

 All dealers and handlers engaged in the grading of grain and oilseeds shall be responsible for the proper grade determination as set forth by the official United States Standards for grain or those approved by the Commissioner of Agriculture. All persons engaged in grading of grains and oilseeds shall be certified or supervised by a person certified by the South Carolina Department of Agriculture. Training and certification of persons engaged in sampling, grading and inspection of grains and oilseeds shall be made available by the South Carolina Department of Agriculture.  HISTORY: 1981 Act No. 178 Part II, Section 14.
SC Code § 46-42-20 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds|Section 46-42-20. Equipment and procedures used in sampling, grading, and inspection of grains and oilseeds.

 All equipment used and procedures employed in the sampling, grading and inspection of grains and oilseeds shall be capable of consistently producing results in accordance with those specified by the United States Grain Standards Act or those approved by the Commissioner of Agriculture. The Commissioner of Agriculture (Commissioner) or his agent may inspect all equipment and procedures and may condemn equipment and suspend certificates when inaccuracies occur.  HISTORY: 1981 Act No. 178 Part II, Section 14.
SC Code § 46-42-30 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds|Section 46-42-30. Portion of sample to be retained for checking when discount or weight deduction is assessed.

 If requested by the deliverer of grain or oilseed on which a discount or weight deduction is assessed, one-half must be placed and sealed in a tamper-proof container provided by the Department of Agriculture and the container must be returned to the deliverer of the grain or oilseed sampled, tested or graded. Records shall be maintained for a period of one year on each lot of grain or oilseed for which a grade is determined by the dealer and handler in order to assist the Commissioner in evaluation grading performance. The Commissioner may suspend or revoke a grader's certificate when he deems the grader incapable of competent performance.  HISTORY: 1981 Act No. 178 Part II, Section 14; 1983 Act No. 112 Section 7.
SC Code § 46-42-40 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds|Section 46-42-40. Laws governing weighing devices, personnel, and procedures.

 All weighing devices used by grain or oilseed dealers and handlers shall be those approved by weights and measures laws. Personnel and procedures shall conform to the provisions of the Public Weighmasters Law.  HISTORY: 1981 Act No. 178 Part II, Section 14.
SC Code § 46-42-50 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds|Section 46-42-50. Printout or punch ticket required; design; contents; to serve as receipt.

 Dealers and handlers shall be required to issue a printout or punch ticket of a design approved by the Commissioner for each lot of grain or oilseed received into custody of such dealers and handlers. The printout or punch ticket shall contain all weighing, grading and disposition information needed for proper identity, including:  (1) Date;  (2) Name and address of the dealer and handler and his public weighmaster number;  (3) owner of commodity;  (4) vehicle identity;  (5) gross, tare and new weight or in the case of hopper weighing, net weight of load;  (6) type commodity;  (7) percentage of moisture;  (8) percentage of foreign material, other factors determined (specify);  (9) grade assigned;  (10) disposition of commodity;  (11) signature of person weighing and grading.  The printout or punch ticket shall serve as a receipt that grain or oilseed was received into custody by the dealer or handler issuing the printout or punch ticket, unless otherwise stated on the ticket.  HISTORY: 1981 Act No. 178 Part II Section 14.
SC Code § 46-42-70 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds|Section 46-42-70. Promulgation of regulations.

 The Department of Agriculture shall promulgate regulations to implement the provisions of this chapter.  HISTORY: 1981 Act No. 178 Part II, Section 14.
SC Code § 46-42-80 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds|Section 46-42-80. Penalties for violation of chapter.

 Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed one thousand dollars or imprisoned for a term not to exceed six months or both.  HISTORY: 1981 Act No. 178 Part II, Section 14.
SC Code § 46-45-10 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 45 - Nuisance Suits Related To Agricultural Operations|Section 46-45-10. Legislative findings.

 The General Assembly finds that:  (1) The policy of the State is to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products.  (2) When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits and as a result (a) agricultural facilities are sometimes forced to cease operations, and (b) many persons are discouraged from making investments in farm improvements or adopting new technology or methods.  (3) This chapter is enacted to reduce the loss to the State of its agricultural resources by limiting the circumstances under which agricultural facilities and operations may be considered a nuisance.  (4) The purpose of this chapter is to lessen the loss of farmland caused by common law nuisance actions which arise when nonagricultural land uses expand into agricultural areas. This purpose is justified by the stated social desire of preserving and encouraging agricultural production.  (5) With the exception of new swine operations and new slaughterhouse operations, in the interest of homeland security and in order to secure the availability, quality, and safety of food produced in South Carolina, it is the intent of the General Assembly that state law and the regulations of the Department of Health and Environmental Control pre-empt the entire field of and constitute a complete and integrated regulatory plan for agricultural facilities and agricultural operations as defined in Section 46-45-20, thereby precluding a county from passing an ordinance that is not identical to the state provisions.  HISTORY: 1980 Act No. 452; 1990 Act No. 442, Section 1, eff April 24, 1990; 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006).