reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1320. Penalties.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, for the first offense shall be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned not less than ten days nor more than thirty days, in the discretion of the court, and for the second or any subsequent offense shall be fined not less than one hundred dollars nor more than two thousand dollars or be imprisoned for not less than thirty days nor more than two years, or be both fined and imprisoned, in the discretion of the court.
HISTORY: 1962 Code Section 32-1609.9; 1952 Code Section 32-1609.11; 1951 (47) 541; 1953 (48) 42.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1510. Placing offensive material in milk containers is unlawful.

It shall be unlawful for any person to place or permit to be placed in any milk container designed to be again used in the production, sale or delivery of milk or other dairy products in the State or the police jurisdiction of the State swill, offal, kerosene, gasoline, food products other than milk, coal dust, ashes or other offensive material. Any person violating the provisions of this section shall be punished, upon conviction, by a fine of not exceeding one hundred dollars or imprisonment not exceeding thirty days.
HISTORY: 1962 Code Section 32-1641; 1952 Code Section 32-1641; 1942 Code Section 5129-15; 1937 (40) 401.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1520. Trafficking in shipper's milk cans without consent or defacing cans is unlawful.

It shall be unlawful for any person, without the consent of the agent of the owner or shipper, to use, sell, dispose of, buy or traffic in any milk or cream can belonging to any dealer or shipper of milk or cream residing in this State or elsewhere who may ship milk or cream to any place within this State, having the name or initials of the owner or such dealer or shipper stamped, marked or fastened on such can or wilfully to mar, erase or change by re-marking or otherwise such name or initials of any such owner, dealer or shipper so stamped, marked or fastened upon such can. Any person who shall violate any provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars, nor less than ten dollars, or by imprisonment not exceeding thirty days.
HISTORY: 1962 Code Section 32-1642; 1952 Code Section 32-1642; 1942 Code Section 5129-12; 1932 Code Section 1346; Cr. C. '22 Section 236; 1918 (30) 846.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1530. Possession of milk can without consent is presumptive evidence of unlawful trafficking.

The fact that any person, without the consent of the owner, dealer or shipper thereof, either uses, sells, disposes of, buys, traffics in or has in his possession or under his control any such milk or cream can shall be presumptive evidence of the unlawful use, sale, purchase of or traffic in such can.
HISTORY: 1962 Code Section 32-1643; 1952 Code Section 32-1643; 1942 Code Section 5129-12; 1932 Code Section 1346; Cr. C. '22 Section 236; 1918 (30) 846.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1540. Unauthorized use of stamped bottles of other dealers in milk in same county is unlawful.

It shall be unlawful for any person regularly engaged in the retail sale of milk, either on his own account or in a representative capacity for some other, to use in such business bottles or other containers wherein or whereon is indelibly stamped or fixed the name or trademark of some other person likewise engaged in the same county in the retail sale of milk, unless such containers shall have been acquired by such person from the one whose name or trademark is impressed upon such bottle or container or unless such person has the written permission of the person whose name or trademark is impressed upon such bottle or container to use such bottle or container. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than five dollars nor more than fifty dollars or to imprisonment of not less than five days nor more than fifteen days.
HISTORY: 1962 Code Section 32-1644; 1952 Code Section 32-1644; 1942 Code Section 5129-13; 1932 Code Section 1347; 1931 (37) 312.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1550. Use of milk containers of others is unlawful.

It shall be unlawful for any person to bottle milk or other dairy products in any bottle not the property of such person or to use milk bottles, milk cans or milk bottle crates not the property of such person.
HISTORY: 1962 Code Section 32-1646; 1952 Code Section 32-1646; 1942 Code Section 5129-15; 1937 (40) 401.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1560. Sale or shipment of milk container by one other than dealer is unlawful.

It shall be unlawful for any person to collect, have or possess milk bottles, milk cans or milk bottle crates for sale or for exchange for a consideration or for shipment within the State or from the State, excepting only wholesale and retail dealers in milk bottles, milk cans and milk bottle crates who pay a license to the city or town in which they operate and who purchase milk bottles, milk cans and milk bottle crates from the manufacturers or their representatives for the purpose of resale to dairymen and persons operating milk depots.
HISTORY: 1962 Code Section 32-1647; 1952 Code Section 32-1647; 1942 Code Section 5129-15; 1937 (40) 401.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1570. Possession of milk containers of another for more than seven days is unlawful.

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.
HISTORY: 1962 Code Section 32-1648; 1952 Code Section 32-1648; 1942 Code Section 5129-15; 1937 (40) 401.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1580. Penalties for violating Sections 39-33-1550 to 39-33-1570.

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.
HISTORY: 1962 Code Section 32-1649; 1952 Code Section 32-1649; 1942 Code Section 5129-15; 1937 (40) 401.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1590. Certain sections are cumulative.

Sections 39-33-1510 and 39-33-1550 to 39-33-1580 shall be in addition to all other laws for the protection of owners of milk bottles, milk cans and milk bottle crates.
HISTORY: 1962 Code Section 32-1650; 1952 Code Section 32-1650; 1942 Code Section 5129-15; 1937 (40) 401.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1710. Purchasers shall retain samples of milk and cream paid for on basis of butterfat content.

All persons in this State purchasing milk or cream for manufacture, sale or shipment and paying for it on the basis of the butterfat contained therein, as determined by test, shall take or cause to be taken in the places where such milk or cream is purchased or tested a representative sample of all such milk or cream, and if any be left on hand after a shipment is made, a representative sample of this shall likewise be taken. Such sample shall be not less than two ounces avoirdupois in weight and shall be immediately transferred to a clean and dry sample jar and properly sealed to prevent evaporation and the escape of any of the contents thereof. All samples of milk or cream so taken shall be plainly marked or labeled, and such mark or label shall be entered upon the records of the purchaser to correspond with the name of the person from whom such purchase was made, together with the weight of the milk or cream, if any, which is left on hand after shipment is made. Such samples shall then be protected from extremes of heat and cold and held until five P. M. of the following day, except that all such samples taken on a day preceding a holiday shall be held until five P. M. of the next day following such a holiday. During the period mentioned such samples shall be subject to inspection by the Department of Agriculture and shall be opened only in the presence of the Commissioner of said Department or his duly authorized representative. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars or by imprisonment for a period not exceeding thirty days for each and every offense so committed.
HISTORY: 1962 Code Section 32-1601; 1952 Code Section 32-1601; 1942 Code Section 5129; 1932 Code Section 5129; 1930 (36) 1351; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1720. Sale or delivery of certain milk is unlawful.

It shall be unlawful for any person knowingly to sell, expose for sale or deliver for domestic use or to be converted into any product of human food whatsoever any (a) unclean, impure, unwholesome, adulterated or skimmed milk, (b) milk from which has been held back what is known as strippings or (c) milk taken from an animal having disease, sickness, ulcers or abscesses. But this section shall not prohibit the sale of buttermilk or of skimmed milk when sold as such.
For the purposes of this section, milk which is proven by any reliable test or analysis to contain less than three per cent of butterfat and eight and one-half per cent solids other than butterfat shall be regarded as "skimmed milk." The Commissioner of Agriculture and all inspectors and chemists employed under Chapter 27 of Title 46 shall be charged with the enforcement of this section.
HISTORY: 1962 Code Section 32-1602; 1952 Code Section 32-1602; 1942 Code Sections 5128-27, 5129-2; 1932 Code Sections 1455, 1542; Cr. C. '22 Sections 398, 401; Cr. C. '12 Sections 406, 411; Cr. C. '02 Section 308; 1896 (22) 215; 1904 (24) 531; 1907 (25) 528; 1913 (28) 35; 1917 (30) 51; 1924 (33) 971.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1730. Combinations of certain ingredients with butter or cheese prohibited.

No person shall combine any animal fat, vegetable oil or other substance with butter or cheese.
HISTORY: 1962 Code Section 32-1604; 1952 Code Section 32-1604; 1942 Code Section 5129-4; 1932 Code Section 1457; Cr. C. '22 Section 403; Cr. C. '12 Section 413; Cr. C. '02 Section 310; 1896 (22) 215.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-10. "Imitation butter" and "imitation cheese" defined.

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.
HISTORY: 1962 Code Section 32-1661; 1952 Code Section 32-1661; 1942 Code Section 5129-2; 1932 Code Section 1455; Cr. C. '22 Section 401; Cr. C. '12 Section 411; Cr. C. '02 Section 309; 1896 (22) 215; 1947 (45) 108.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-20. Harmless coloring matters in milk products permitted.

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.
HISTORY: 1962 Code Section 32-1664; 1952 Code Section 32-1664; 1942 Code Section 5129-4; 1932 Code Section 1457; Cr. C. '22 Section 403; Cr. C. '12 Section 413; Cr. C. '02 Section 310; 1896 (22) 215.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-30. Manufacture and sale of certain imitation butter or cheese prohibited.

No person shall produce, manufacture, sell or keep or offer for sale any imitation butter or imitation cheese made or compounded in violation of this article, whether such imitation shall have been made or produced in this State or elsewhere.
HISTORY: 1962 Code Section 32-1665; 1952 Code Section 32-1665; 1942 Code Section 5129-5; 1932 Code Section 1458; Cr. C. '22 Section 404; Cr. C. '12 Section 414; Cr. C. '02 Section 311; 1896 (22) 215.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-40. Manufacture and sale of certain imitation butter or cheese permitted.

Nothing in this article shall be construed to prohibit the manufacture and sale of imitation butter or imitation cheese, under the regulations herein provided, when such imitation butter or cheese has not been manufactured or colored as herein prohibited.
HISTORY: 1962 Code Section 32-1666; 1952 Code Section 32-1666; 1942 Code Section 5129-5; 1932 Code Section 1458; Cr. C. '22 Section 404; Cr. C. '12 Section 414; Cr. C. '02 Section 311; 1896 (22) 215.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-50. Sale of imitation butter or cheese as genuine prohibited.

No person shall sell or offer for sale any imitation butter or imitation cheese under the pretense that the same is genuine butter or genuine cheese.
HISTORY: 1962 Code Section 32-1667; 1952 Code Section 32-1667; 1942 Code Section 5129-8; 1932 Code Section 1461; Cr. C. '22 Section 407; Cr. C. '12 Section 417; Cr. C. '02 Section 314; 1896 (22) 215.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-60. Substitutes must be plainly marked.

Every person who lawfully manufactures any substance designed to be used as a substitute for butter or for cheese shall mark by branding, stamping or stenciling upon the top side of each tub, box or other vessel in which such substitute shall be kept or in which it shall be removed from the place where it is produced, in a clear and durable manner, in the English language, the words, "substitute for butter" or "substitute for cheese," as the case may be, in printed letters in plain roman type, each of which shall be not less than one inch in height and one-half inch in breadth.
HISTORY: 1962 Code Section 32-1668; 1952 Code Section 32-1668; 1942 Code Section 5129-6; 1932 Code Section 1459; Cr. C. '22 Section 405; Cr. C. '12 Section 415; Cr. C. '02 Section 312; 1896 (22) 215.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-70. Possession of unmarked imitations prohibited.

No person shall have in his possession or control any substance designed to be used as a substitute for butter or for cheese unless the tub, box or other vessel containing such substance shall be clearly and durably marked as provided in Section 39-35-60. But this section shall not apply to a person who has such imitation butter or imitation cheese in his possession for the actual consumption of himself or his family.
HISTORY: 1962 Code Section 32-1669; 1952 Code Section 32-1669; 1942 Code Section 5129-7; 1932 Code Section 1460; Cr. C. '22 Section 406; Cr. C. '12 Section 416; Cr. C. '02 Section 313; 1896 (22) 215.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-80. Penalties; certificate of analysis is prima facie evidence.

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.
HISTORY: 1962 Code Section 32-1671; 1952 Code Section 32-1671; 1942 Code Section 5129-10; 1932 Code Section 1463; Cr. C. '22 Section 409; Cr. C. '12 Section 419; Cr. C. '02 Sections 316, 317; 1896 (22) 215; 1917 (30) 50; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-90. Article is inapplicable to oleomargarine.

This article shall not be construed to include within its provisions the food products known as "oleomargarine" or "margarine."
HISTORY: 1962 Code Section 32-1672; 1952 Code Section 32-1672; 1944 (43) 1219.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-210. Sale of oleomargarine without a certain amount of vitamin A is unlawful.

It shall be unlawful for any manufacturer, processor or dealer in oleomargarine in this State to sell or offer for sale any oleomargarine within the State which does not contain at least nine thousand United States Pharmacopoeia units of vitamin A per pound.
HISTORY: 1962 Code Section 32-1681; 1952 Code Section 32-1681; 1942 (42) 1628.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-220. Oleomargarine must be labeled.

All oleomargarine sold in the State must be labeled in accordance with the regulations of the Department of Health, Education and Welfare governing the labeling of oleomargarine with added vitamins sold in interstate trade.
HISTORY: 1962 Code Section 32-1682; 1952 Code Section 32-1682; 1942 (42) 1628.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-230. Specifications as to vitamins shall conform to certain Federal standards.

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.
HISTORY: 1962 Code Section 32-1683; 1952 Code Section 32-1683; 1942 (42) 1628.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-240. Enforcement.

The State Department of Agriculture shall enforce this article. The Department may, for the purpose of enforcing this article, enter upon the premises of any manufacturer, processor, refiner or person engaged as a retail or wholesale dealer in oleomargarine for the purpose of making such investigations as may be necessary to properly enforce this article.
HISTORY: 1962 Code Section 32-1685; 1952 Code Section 32-1685; 1942 (42) 1628.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 35 - Butter And Cheese Imitations › Section 39-35-250. Penalties.

Any person found by a court of competent jurisdiction to be guilty of violating the terms of this article shall be punishable by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days for each and every offense.
HISTORY: 1962 Code Section 32-1686; 1952 Code Section 32-1686; 1942 (42) 1628.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-20. Certain sales prohibited.

No person shall sell, advertise, or offer or expose for sale:
(1) Any frozen dessert, unless its manufacturer is a licensee under the provisions of this chapter;
(2) Any frozen dessert that does not comply with the definitions of Section 39-37-10 or definitions adopted by regulation as provided in item (10) of that section. Frozen dessert type food products, other than the defined products shall comply with all applicable provisions of the South Carolina Food and Cosmetic Act (Chapter 25 of Title 39) and comply with the frozen desserts licensing provisions of Section 39-37-70.
HISTORY: 1962 Code Section 32-1702; 1952 Code Section 32-1702; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1955 (49) 514; 1984 Act No. 465, Section 4.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-30. Pasteurization required.

All milk and milk products used in the manufacture of ice cream, ice milk, frozen custard or sherbet, or the entire mix with or without flavor or color, shall be pasteurized in accordance with rules and regulations to be adopted as herein provided.
HISTORY: 1962 Code Section 32-1703; 1952 Code Section 32-1703; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1953 (48) 40.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-40. False labels and misrepresentation; offer for sale of frozen desserts in compartment containing other articles.

No person shall:
(1) Sell, offer for sale or advertise for sale any frozen dessert if the brand name of the frozen dessert, the label upon it or the advertising accompanying it shall give a false indication of origin, character, composition or name of manufacturer or is otherwise false or misleading in any particular;
(2) Misrepresent in any manner the name of the manufacturer of frozen desserts;
(3) Unless he is the owner, remove, erase, obliterate, cover or conceal the owner's name or any distinguishing mark or device which may appear to be placed on any cabinet, can, container or other equipment; or
(4) Offer for sale frozen desserts from any container, compartment, or cabinet which contains any other article.
HISTORY: 1962 Code Section 32-1704; 1952 Code Section 32-1704; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1951 (47) 445; 1953 (48) 40; 1974 (58) 2179; 1984 Act No. 465, Section 5.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-50. Labels on ice-milk packages or wrappers; signs in ice-milk establishments.

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."
HISTORY: 1962 Code Section 32-1704.1; 1953 (48) 40.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-70. Application for manufacturer of frozen desserts license.

Every manufacturer of frozen desserts produced for sale shall, during the month of May in each year, file with the Department of Agriculture an application for a license upon a form prescribed by the Department. The application must show that the frozen desserts manufactured by the applicant are composed of pure and wholesome ingredients and are produced under sanitary conditions. The application shall also show the location of each plant at which frozen desserts are to be manufactured and the name of the brand or brands, if any, under which they are to be sold. The license period shall be for twelve months beginning June first.
HISTORY: 1962 Code Section 32-1705; 1952 Code Section 32-1705; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1967 (55) 231.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-80. Issuance of license.

The Department of Agriculture, if satisfied that the manufacturing plant or plants named in the application are maintained in accordance with the standards of sanitation prescribed in the rules and regulations promulgated under the authority of this chapter, shall issue, without cost to the applicant, a license for the manufacture of frozen desserts. No license shall be issued if any statement in the application is false or misleading or if the brand name or any label or advertisement of the frozen dessert involved in the application gives a false indication of origin, character, composition or name of manufacturer or is otherwise false or misleading in any particular.
HISTORY: 1962 Code Section 32-1706; 1952 Code Section 32-1706; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-90. Revocation or suspension of license.

Any such license may be revoked by the Department of Agriculture after giving to the licensee notice by mail or otherwise and an opportunity to be heard, when and if it appears that:
(1) Any statement upon which it was issued was false or misleading;
(2) Any frozen dessert manufactured by the licensee is adulterated or misbranded or is manufactured in a plant not maintained in accordance with the standards of sanitation prescribed in the rules and regulations promulgated under the authority of this chapter; or
(3) The brand name or any label or advertising of any frozen dessert manufactured by the licensee gives a false indication of origin, character, composition or name of manufacturer or is otherwise false or misleading in any particular.
A license may also, after such notice and hearing, be suspended for any of the foregoing reasons until the licensee complies with the conditions prescribed by the Department for its reinstatement.
HISTORY: 1962 Code Section 32-1707; 1952 Code Section 32-1707; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-100. Review of revocation, suspension, or refusal to grant license; appeals.

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.
HISTORY: 1962 Code Section 32-1708; 1952 Code Section 32-1708; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1999 Act No. 55, Section 41, eff June 1, 1999; 2006 Act No. 387, Section 19, eff July 1, 2006.
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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-110. Exemptions.

Nothing contained in this chapter shall be construed to apply to ice cream and similar frozen products manufactured and sold by social, fraternal, charitable, educational, religious or beneficent organizations, nor to a farmer making and selling from the products of his farm ice cream, custard ice cream, ice milk, French ice cream, French custard, frozen custard or sherbet if the standards of purity and quality prescribed by this chapter are maintained in all such cases.
HISTORY: 1962 Code Section 32-1709; 1952 Code Section 32-1709; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1951 (47) 445; 1953 (48) 40.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-120. Enforcement; promulgation of rules and regulations.

Section effective until July 1, 2024. See, also, Section 39-37-120 effective July 1, 2024.
The Department of Agriculture shall enforce the provisions of this chapter and shall from time to time, after inquiry and public hearing, adopt and promulgate rules and regulations to supplement and give full effect to the provisions of this chapter. The Department of Health and Environmental Control shall establish and enforce sanitary regulations pertaining to the manufacture and distribution of frozen desserts, including the sanitary condition of (a) buildings, ground and equipment where frozen desserts are manufactured, (b) persons in direct physical contact with frozen desserts during manufacture, (c) containers in which frozen desserts are held or shipped and (d) premises, buildings, surroundings and equipment where frozen desserts are sold. Such rules and regulations shall be filed and open for public inspection at the principal office of the Department and shall have the force of law.
HISTORY: 1962 Code Section 32-1710; 1952 Code Section 32-1710; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1953 (48) 40.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-120. Enforcement; promulgation of rules and regulations.

Section effective July 1, 2024. See, also, Section 39-37-120 effective until July 1, 2024.
The Department of Agriculture shall enforce the provisions of this chapter and shall from time to time, after inquiry and public hearing, adopt and promulgate rules and regulations to supplement and give full effect to the provisions of this chapter. The Department of Agriculture shall establish and enforce sanitary regulations pertaining to the manufacture and distribution of frozen desserts, including the sanitary condition of (a) buildings, ground, and equipment where frozen desserts are manufactured, (b) persons in direct physical contact with frozen desserts during manufacture, (c) containers in which frozen desserts are held or shipped and (d) premises, buildings, surroundings, and equipment where frozen desserts are sold. Such rules and regulations shall be filed and open for public inspection at the principal office of the department and shall have the force of law.
HISTORY: 1962 Code Section 32-1710; 1952 Code Section 32-1710; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1953 (48) 40; 2023 Act No. 60 (S.399), Section 11, eff July 1, 2024.
Effect of Amendment
2023 Act No. 60, Section 11, in the second sentence, substituted "Department of Agriculture" for "Department of Health and Environmental Control", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 37 - Ice Cream, Ice Milk And Other Frozen Desserts › Section 39-37-130. Penalties; disposition of fines and penalties.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, must be fined not less than two hundred dollars nor more than five hundred dollars. All fines and penalties imposed and recovered for the violation of any of the provisions of this chapter must be paid to the Department of Agriculture then paid by the Department into the State Treasury.
HISTORY: 1962 Code Section 32-1711; 1952 Code Section 32-1711; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1984 Act No. 465, Section 7.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-110. Definitions.

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.
HISTORY: 1962 Code Section 66-621; 1955 (49) 316; 1972 (57) 2820; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-120. Egg seller licenses; information to be included on application.

All wholesalers, distributors, commission merchants, brokers, and dealers who desire to sell or offer eggs for sale in this State shall first file for a license with the Commissioner of Agriculture, upon forms furnished by the commissioner, stating the name of the firm or person desiring to offer eggs for sale either by themselves or by their agent, together with the address of the firm or person and the type or kind of eggs to be offered for sale. The license must be issued at no cost and in a form prescribed by regulations promulgated by the department.
HISTORY: 1962 Code Section 66-622; 1955 (49) 316; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
Effect of Amendment
The 1994 amendment revised this section, deleting a reference to retailers.
The 2005 amendment rewrote the first sentence.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-121. Wholesaler and distributor licenses; grounds for suspension or revocation; transfer; exception.

(A) A person may not engage in business as a wholesaler or as a distributor without first obtaining a license from the commissioner. A license issued pursuant to this article must not be suspended or revoked except for health and sanitation reasons or for violations of this article and until the affected licensee is provided with reasonable notice and an opportunity for hearing, pursuant to the South Carolina Administrative Procedures Act. Licenses issued pursuant to this article are valid until suspended or revoked and are not transferable with respect to persons or location. There is no fee for this license.
(B) Shell egg handlers registered under the United States Department of Agriculture Egg Surveillance Inspection Program are exempt from the provisions of subsection (A) of this section.
HISTORY: 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-122. Maintenance of records and invoices; egg purchases and sales; facility inspections.

Wholesalers, distributors, and retailers shall maintain records and invoices of their egg purchases for a period of at least ninety days. These records and invoices must show the person or firm to whom the sale was made, the address of the person or firm, and the kind and quantity of eggs involved in the sale, except that this section does not require the filing of a copy of the invoice of a sale to a consumer. The commissioner or his authorized representative may enter, during regular business hours, the place of any producer, wholesaler, retailer, retail establishment, institution, institutional user, warehouse, cold storage house, or other storage places, trucks, or carriers where eggs are stored and inspected.
HISTORY: 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-130. Shell egg standards, grades, and weight classes.

The South Carolina standards, grades, and weight classes for shell eggs are the same as the United States standards, grades, and weight classes for shell eggs and their supplements and revisions as published by the United States Department of Agriculture, except as modified or rejected by regulations promulgated by the Commissioner of Agriculture.
HISTORY: 1962 Code Section 66-623; 1955 (49) 316; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
Effect of Amendment
The 1994 amendment revised this section.
The 2005 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-135. Refrigeration.

(A) Shell egg producers shall refrigerate eggs upon gathering the eggs. Eggs must be graded and packed within a reasonable period of time from gathering.
(B) After washing, processing, and packaging, eggs must be transported, stored, and displayed at ambient temperatures not to exceed forty-five degrees Fahrenheit until sold at retail or used by a commercial establishment or public institution.
HISTORY: 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-141. Bulk retail sales; display of placards and information; exceptions.

(A) All eggs offered for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers must be classified properly in accordance with this subsection. A heavy cardboard or placard, not less than eight by eleven inches, must be displayed conspicuously at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to the quality, weight, and the expiration date.
(B) The name of the state of origin of eggs may appear on the placard.
(C) The placard is not required if eggs are packed in properly labeled cartons. The eggs are required to meet the standard as noted on the placard.
(D) Restaurants, hotels, or other eating places shall display conspicuously a placard at all times on or over each receptacle containing eggs to be used in food preparation.
HISTORY: 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-150. Unlawful acts.

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.
HISTORY: 1962 Code Section 66-626; 1955 (49) 316; 1972 (57) 2820; 1977 Act No. 128 Sections 1, 2; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
Effect of Amendment
The 1994 amendment revised this section.
The 2005 amendment added item (5).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-160. Enforcement; promulgation of rules and regulations.

The Commissioner of Agriculture is charged with the enforcement of this chapter and is authorized to promulgate regulations necessary to carry out its provisions and purposes.
HISTORY: 1962 Code Section 66-627; 1955 (49) 316; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
Effect of Amendment
The 1994 amendment revised this section, substituting "chapter" for "article."
The 2005 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-170. Exemptions.

The following are exempt from this chapter:
(1) persons who buy or sell eggs to be used exclusively for hatching purposes;
(2) shipments of eggs in interstate commerce;
(3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced.
HISTORY: 1962 Code Section 66-628; 1955 (49) 316; 1972 (57) 2820; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
Effect of Amendment
The 1994 amendment revised paragraph (2), and added paragraph (3).
The 2005 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 39 - Eggs And Baby Chicks › Section 39-39-180. Penalties.

(A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first violation;
(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;
(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.
(B) The commissioner or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first violation;
(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;
(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.
(C) A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court.
HISTORY: 1962 Code Section 66-629; 1955 (49) 316; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).
Effect of Amendment
The 1994 amendment revised this section, adding subsections (A) and (B), and increasing the penalties in (C).
The 2005 amendment reprinted this section with no apparent change.