reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-200. Publication of judgments and orders and other information.

(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.
HISTORY: 1962 Code Section 32-1526.19; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-210. Inspection; registration requirements; exceptions; annual renewal; civil and criminal penalties.

(A) A person subject to inspection pursuant to this chapter may not engage in the business of manufacturing, processing, warehousing, or packaging food in any manner without first registering with the department. This section shall not apply to facilities inspected and regulated by the United States Department of Agriculture (USDA) or the Clemson Livestock-Poultry Health Meat Inspection Division. Registration is required beginning January 1, 2011, and must be renewed annually thereafter on or before the first day of January on forms provided by the department.
(B) A person who wilfully violates the provisions of this section is subject to a civil penalty of up to one thousand dollars for each violation as determined by the department. Any person violating this section is also guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2010 Act No. 261, Section 2, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-10. Short title.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
This chapter may be cited as the "South Carolina Produce Safety Act".
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-50. Promulgation of regulations.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
The South Carolina Department of Agriculture may promulgate regulations necessary or convenient to carry out the purposes of this chapter.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-60. Enforcement of chapter.

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.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-70. Authorized seizure of covered produce.

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.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-80. Authorized condemnation or destruction of covered produce.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
(A) If the Commissioner, or any authorized agent of the Commissioner, believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or regulations of the department promulgated pursuant to Section 39-26-50, the Commissioner, or any authorized agent of the Commissioner, is authorized to condemn, destroy, or require the destruction of the covered produce.
(B) Prior to condemning, destroying, or requiring the destruction of covered produce pursuant to subsection (A), the Commissioner, or any authorized agent of the Commissioner, shall seize the covered produce in accordance with Section 39-26-70 and either:
(1) secure the written consent to the condemnation or destruction, on a form to be provided by the Commissioner, or any authorized agent of the Commissioner, from the person from whom the covered produce was seized; or
(2) make complaint before a magistrate pursuant to Section 39-26-90.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-90. Procedure for condemnation or destruction.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
If unable to secure the written consent to the condemnation or destruction in accordance with Section 39-26-80(B)(1), the Commissioner, or any authorized agent of the Commissioner, shall make a complaint before a magistrate, or other officer authorized to issue summons, having jurisdiction where the covered produce was seized. The magistrate or other officer shall issue his summons to the person from whom the covered produce was seized, directing him to appear before an appropriate court in the jurisdiction not less than six nor more than twelve days from the date of issuing the summons and show cause why the covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the summons must be served upon the person then in possession of the covered produce. The summons must be served at least six days before the time of appearance as directed herein by the appropriate court. If the person from whom the covered produce was seized cannot be found, no one can be found in possession of the covered produce, and the defendant does not appear on the return day, an appropriate court shall proceed in the cause in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants appears upon the return day.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-100. Circuit court to render judgment that covered produce be forfeited; procedure; appeals.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
(A) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to Section 39-26-80 is found upon trial to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or regulations of the department promulgated pursuant to Section 39-26-50, it is the duty of the circuit court to render judgment that the covered produce be forfeited to the department and that the goods be destroyed or sold by the Commissioner, or any authorized agent of the Commissioner, for any purpose other than to be used for human consumption. The mode of procedure before the circuit court must be the same, as near as may be in civil proceedings. Either party may appeal to the South Carolina Court of Appeals as appeals are taken from the circuit court, but it is not necessary for the State of South Carolina or the department to give any appeal bond.
(B) The proceeds arising from any sale ordered pursuant to subsection (A) must be disposed of in accordance with this chapter, or regulations of the department promulgated pursuant to Section 39-26-50.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-110. Violations.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
No covered farm or farm eligible for a qualified exemption in accordance with 21 C.F.R. Section 112.5 shall violate any provision of 21 C.F.R. Part 112 or any provision of a regulation of the department promulgated pursuant to Section 39-26-50, that is applicable to that covered farm or qualified exempt farm.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-120. Impeding the Commissioner prohibited.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the Commissioner, or any authorized agent of the Commissioner, an inspector, or any other department personnel in the performance of his duty in connection with this chapter.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-130. Penalties for violations of chapter.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
A person who wilfully violates the provisions of this chapter is subject to a civil penalty of up to one thousand dollars for each violation as determined by the department. Any person wilfully violating this section also is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days. The criminal penalty does not apply for violations of state regulations.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-140. Repeal of chapter upon the repeal of 21 C.F.R. Part 112.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
This chapter is repealed upon the effective date of the repeal of 21 C.F.R. Part 112.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-150. Exemptions.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
Any exemption to the requirements of 21 C.F.R. Part 112, as established in 21 C.F.R. Part 112, also applies to this chapter.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-160. Repeal of chapter if federal funds not awarded or exhausted.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
This chapter is repealed if the federal government declines to award funds to the State of South Carolina to implement the provisions of federal law embodied in this chapter or the federal funds awarded are exhausted, as determined by the Commissioner, whichever is later.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 26 - Produce Safety Act › Section 39-26-170. Severability.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.
If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 27 - Flour And Bread › Section 39-27-10. Enrichment of certain flour.

It shall be unlawful for any person, except as hereinafter provided, to manufacture, mix, compound or sell for human consumption in this State any white flour or self-rising flour made from wheat which does not contain the vitamins and other ingredients contained in the following provisions:
(1) White flour shall contain in each pound not less than one and sixty-six one-hundredths milligrams and not more than two and five tenths milligrams of vitamin B-1 (thiamine), not less than six milligrams and not more than twenty-four milligrams of nicotinic acid (also recognized under the name of niacin) or nicotinic acid amide (also known under the name of niacin amide) and not less than six milligrams and not more than twenty-four milligrams of iron (Fe);
(2) If other vitamins or minerals are added to bread or flour, they shall be added only in accordance with the regulations of the Department of Health, Education and Welfare;
(3) These ingredients and amounts are in accordance with the definition of enriched flour as promulgated by the Federal Security Agency (Federal Register, May 27, 1941 pp. 2574 to 2582, and December 3, 1941 pp. 6175 and 6176, postponing the effective date of riboflavin as a required ingredient in enriched flour) and the State Department of Agriculture shall change or add to the specifications for ingredients and the amounts thereof as necessary to conform to changes in the Federal definition of enriched flour; and
(4) Iron shall be added only in forms which are harmless and assimilable.
The substances referred to in items (1) and (2) of this section may be added in a harmless carrier which does not impair the enriched flour or enriched self-rising flour if such carrier is used only in the quantity necessary to effect an intimate and uniform admixture of such substances with the flour.
HISTORY: 1962 Code Section 32-1531; 1952 Code Section 32-1531; 1942 (42) 1622.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 27 - Flour And Bread › Section 39-27-20. Enrichment flour used in manufacture of compound food products.

Any flour used in the manufacture of a compound food product with corn meal, corn flour or other food substances shall be subject to the provisions of Section 39-27-10, unless exempted under Section 39-27-40 or by regulation of the State Department of Agriculture.
HISTORY: 1962 Code Section 32-1551.1; 1972 (57) 2287.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 27 - Flour And Bread › Section 39-27-30. Enrichment of white bread.

All white bread sold or offered for sale within the State shall be enriched to contain in each pound, as sold, not less than one milligram and not more than two milligrams of vitamin B-1 (thiamine), not less than four milligrams and not more than sixteen milligrams of nicotinic acid (niacin) or nicotinic acid amide (niacin amide) and not less than four milligrams and not more than sixteen milligrams of iron (Fe).
The enrichment of white bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins or harmless iron salts or by any combination of methods which will produce enriched bread which meets the standards herein defined.
The State Department of Agriculture shall change or add to the specifications for ingredients and the amounts thereof as necessary to conform to the Federal definition of enriched bread when promulgated.
HISTORY: 1962 Code Section 32-1532; 1952 Code Section 32-1532; 1942 (42) 1622.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 27 - Flour And Bread › Section 39-27-40. Exemptions.

The terms of this chapter shall not apply:
(1) To flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except in so far as such a mill may manufacture toll wheat into flour and sell or offer for sale such flour, whereupon this chapter shall be applicable;
(2) To farmers in exchanging their wheat for flour or having it ground into flour and disposing of it for their own use or the use of farm labor on their farms;
(3) To flour sold to bakers or other commercial secondary processors, providing the purchaser furnishes to the seller an approved certificate of intent to use such flour solely in the production of enriched flour or enriched bread as herein defined or in the manufacture of legitimate products not covered by the provisions of this chapter; or
(4) To flour or bread which is made from the entire wheat with no parts of the wheat removed from the mixture. Flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in Sections 39-27-10 and 39-27-30.
HISTORY: 1962 Code Section 32-1533; 1952 Code Section 32-1533; 1942 (42) 1622.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 27 - Flour And Bread › Section 39-27-50. Enriched flour or bread, labeling.

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.
HISTORY: 1962 Code Section 32-1535; 1952 Code Section 32-1535; 1942 (42) 1622.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 27 - Flour And Bread › Section 39-27-60. Enforcement.

The provisions of this chapter shall be enforced by the State Department of Agriculture, which shall issue such rules as may be necessary to regulate the manufacture and sale of flour and bread in this State under the provisions of this chapter. The Department or its agent representatives may enter upon the premises of any manufacturer of flour or bread and of any wholesale or retail dealer in flour or bread for the purpose of inspecting or analyzing flour or bread which may be offered for sale.
HISTORY: 1962 Code Section 32-1556; 1952 Code Section 32-1536; 1942 (42) 1622.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 27 - Flour And Bread › Section 39-27-70. Penalties.

Any person found guilty of violating the terms of this chapter shall be subject to a fine for each and every offense in a sum not exceeding one hundred dollars or to imprisonment for not exceeding thirty days.
HISTORY: 1962 Code Section 32-1537; 1952 Code Section 32-1537; 1942 (42) 1622.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-10. Definitions.

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.
HISTORY: 1962 Code Section 32-1551; 1952 Code Section 32-1551; 1949 (46) 131; 1987 Act No. 187 Section 1, eff June 30, 1987.
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).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-20. Ingredients of corn meal and corn grits.

It shall be unlawful for any person, except as hereinafter provided, to sell, offer for sale or exchange for any services or goods in this State any corn meal or corn grits which does not conform to the following provisions:
(1) Each pound of corn meal and each pound of corn grits shall contain not less than two milligrams and not more than three milligrams of vitamin B-1 (thiamine), not less than one and two-tenths milligrams and not more than one and eight-tenths milligrams of riboflavin, not less than sixteen milligrams and not more than twenty-four milligrams of niacin or niacin amide and not less than thirteen milligrams and not more than twenty-six milligrams of iron; and
(2) Each pound of corn meal and each pound of corn grits may contain both or either of the following optional ingredients
(a) not less than two hundred fifty U.S.P. units and not more than one thousand U.S.P. units of vitamin D and
(b) not less than five hundred milligrams and not more than seven hundred fifty milligrams of calcium.
But the Commissioner may change the specifications of either the required or the optional ingredients and the amounts thereof as provided in Section 39-29-80.
HISTORY: 1962 Code Section 32-1552; 1952 Code Section 32-1552; 1949 (46) 131.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-30. Enrichment of corn meal and corn grits used to manufacture compound food products.

Any corn meal or corn grits, as defined in this chapter, used in the manufacture of a compound food product along with flour or other food substances shall be subject to the provisions of Section 39-29-20, unless exempted under Section 39-29-50 or by regulation of the State Department of Agriculture.
HISTORY: 1962 Code Section 32-1552.1; 1972 (57) 2287.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-40. Corn meal and corn grits, labeling.

It is unlawful for any person, except as hereinafter provided, to sell, offer for sale, or exchange for any services or goods in this State any cornmeal or corn grits which are not labeled as prescribed by the South Carolina Food and Cosmetic Act. The Commissioner may issue additional labeling requirements he considers in the consumer's interest.
HISTORY: 1962 Code Section 32-1553; 1952 Code Section 32-1553; 1949 (46) 131; 1987 Act No. 187 Section 2, eff June 30, 1987.
Effect of Amendment
The 1987 amendment provided for the labeling of corn meal and corn grits as prescribed by the Food and Cosmetic Act, and provided that the Commissioner may issue additional labeling requirements.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-50. Exemptions; requirements for sale of corn meal and corn grits in packages of ten pounds or less; penalties.

(A) This chapter does not apply to the delivery by a miller to a corn producer of cornmeal or corn grits ground by the miller from the producer's corn for use in the producer's own home when the miller is paid in corn for the milling service. However, if the producer desires the health benefits for his family and requests enrichment, the miller shall enrich according to the standards required under this chapter.
(B)(1) Cornmeal and corn grits made from clean corn may be sold in packages of ten pounds or less provided the following requirements are met:
(a) The cornmeal or corn grits are ground from whole corn without removal of the germ.
(b) The package contains additional labeling contiguous to the product name "unenriched cornmeal ground from whole corn". This printing must be at least the print size and prominence of the required weight declaration.
(c) No advertisements or claims of nutritional or health benefits for unenriched cornmeal are allowed.
(2) Violations of this subsection are subject to the penalties contained in Section 39-29-100.
HISTORY: 1962 Code Section 32-1554; 1952 Code Section 32-1554; 1949 (46) 131; 1987 Act No. 187 Section 3, eff June 30, 1987; 1990 Act No. 373, Section 1, eff March 19, 1990.
Effect of Amendment
The 1987 amendment deleted provision providing exemption for sale of corn meal and corn grits if purchaser has certificate from Commissioner, added provision providing requirements for sale of corn meal in packages of ten pounds or less and penalties for violation of requirements, and made grammatical changes to section.
The 1990 amendment, in subsection (B)(1), inserted references to "corn grits".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-60. Seizure of corn meal or corn grits; release upon compliance.

Whenever the Commissioner has probable cause to believe that any corn meal or corn grits has been sold, offered for sale or exchanged in violation of any of the provisions of this chapter, he may seize and affix to such product a notice to that effect, detaining the product and warning all persons not to dispose of it by sale or otherwise without his permission. It shall be a violation of this chapter, subject to the penalties set forth in Section 39-29-100, for any person to dispose of such product by sale or otherwise without such permission. The Commissioner may, in his discretion, release the corn meal or corn grits for feed purposes or for shipment out of the State or for human consumption, if brought into compliance with this chapter, and upon payment of all costs or expenses incurred in any proceeding connected with such seizure and withdrawal.
HISTORY: 1962 Code Section 32-1555; 1952 Code Section 32-1555; 1949 (46) 131.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-70. Inspection of premises and vehicles.

The Commissioner may enter upon any business premises or vehicle where corn meal or corn grits may be found for the purpose of enforcing this chapter and may take samples of and inspect and analyze corn meal and corn grits which are offered for sale or which have been sold or exchanged for services or goods.
HISTORY: 1962 Code Section 32-1556; 1952 Code Section 32-1556; 1949 (46) 131.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-80. Enforcement; promulgation of rules and regulations.

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.
HISTORY: 1962 Code Section 32-1557; 1952 Code Section 32-1557; 1949 (46) 131.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-90. Commissioner may act through officers or employees.

The authority vested in the Commissioner by this chapter may be exercised by him through such officers or employees of the Department of Agriculture of this State as he may designate.
HISTORY: 1962 Code Section 32-1558; 1952 Code Section 32-1558; 1949 (46) 131.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 29 - Corn Meal And Grits › Section 39-29-100. Penalties.

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.
HISTORY: 1962 Code Section 32-1559; 1952 Code Section 32-1559; 1949 (46) 131.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-10. Definitions.

The following definitions shall apply in the interpretation and enforcement of the provisions of this chapter:
(1) The term "rice" means all types of milled rice as defined in the United States standards for milled rice, Federal Register, May 3, 1951 and May 28, 1952, also "parboiled rice," "converted rice," "precooked rice" and "broken rice" which are intended for human consumption;
(2) The term "bulk rice" means rice as defined in item (1) of this section and sold in bags containing fifty pounds or more or rice, in any size of package, which is insufficiently clean for human use without washing;
(3) The term "appropriate Federal agency" means the Department of Health, Education and Welfare, or any other Federal agency, charged with the enforcement and administration of the Federal Food, Drug and Cosmetic Act; and
(4) The term "Commissioner" means the Commissioner of Agriculture of this State.
HISTORY: 1962 Code Section 32-1561; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-20. Ingredients of rice and bulk rice.

It shall be unlawful for any person, except as provided in this chapter, to sell, offer for sale or exchange for any services or goods in this State any rice or bulk rice which does not conform with the following provisions:
(1) Each pound of rice or bulk rice shall contain not less than two milligrams of vitamin B-1 (thiamine), not less than sixteen milligrams of niacin or niacin amide, and not less than thirteen milligrams of iron; and
(2) Each pound of rice or bulk rice may contain either or both of the following optional ingredients
(a) not less than five hundred milligrams of calcium and
(b) not less than one and two-tenths milligrams of riboflavin;
Provided, that the Commissioner may change the specifications of either the required or the optional ingredients and amounts thereof as provided in Section 39-31-100.
HISTORY: 1962 Code Section 32-1562; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-30. Methods of enrichment.

The enrichment of rice or bulk rice may be accomplished by undermilling, treatment of the unhusked rice by such processes known as parboiling and conversion, addition of U. S. P. pure vitamins, addition of harmless and assimilable iron and calcium salts or by any combination of methods which produce enriched rice which meets the standards defined in this chapter. The use of harmless edible carriers and preservatives is permitted in only such amounts as needed for efficient marketing.
HISTORY: 1962 Code Section 32-1563; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-40. Vitamins required to be in bulk rice after rinsing; rinsing test.

Each pound of bulk rice shall contain after rinsing at least eighty-five per cent of the thiamine, niacin and iron required in Section 39-31-20. Rinsing for the purposes of enforcement shall be as follows: Transfer one hundred grams of the milled rice to a two-liter Erlenmeyer flask containing one liter of water at twenty-five degrees centigrade. Stopper the flask and rotate it for exactly one-half minute so that the kernels are kept in motion. Allow the kernels to settle for one-half minute, then pour off eight hundred and fifty milliliters of the water along with any floating or suspended matter. Enrichment ingredients are then determined on the wet rice and water remaining in the flask and are calculated on the basis of the rice before washing.
HISTORY: 1962 Code Section 32-1564; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-50. Clean rice is not subject to rinsing test for bulk rice.

Each pound of rice shall be sufficiently clean so that rinsing before cooking is unnecessary, according to the judgment of the Commissioner. Rice meeting this standard of cleanliness and in packages of less than fifty pounds is permitted but not required to meet the rinsing test described in Section 39-31-40 for bulk rice. Rice not meeting this standard of cleanliness shall be adjudged to be bulk rice and subject to such rinsing test.
HISTORY: 1962 Code Section 32-1565; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-60. Labeling of rice.

It shall be unlawful for any person, except as provided in this chapter, to sell, offer for sale or exchange for any services or goods, in this State any rice or bulk rice which is not labeled in accordance with such requirements as may be prescribed by the Commissioner as provided in Section 39-31-100.
All containers of rice offered for sale for human consumption shall be conspicuously labeled "Do not rinse before or drain after cooking."
All containers of bulk rice offered for sale for human consumption shall be conspicuously labeled "Do not drain after cooking."
HISTORY: 1962 Code Section 32-1566; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-70. Exemptions.

This chapter does not apply to the delivery by a miller to a rice producer of rice or bulk rice milled by the miller from the producer's rice for use in the producer's own home when the miller is paid in rice or bulk rice for the milling service. However, if the producer desires the health benefits for his family and requests enrichment, the miller shall enrich according to the standards mentioned in this chapter.
This chapter does not apply to the sale of rice or bulk rice if the purchaser furnishes to the seller a certificate, in a form the commissioner by regulation prescribes, certifying that he will use the rice or bulk rice solely in the production of rice or bulk rice enriched as required by this chapter or other legitimate products not covered by this chapter.
This chapter does not apply to the sale of rice or bulk rice that has not been enriched according to the standards provided in this chapter if it meets the labeling and sanitation requirements prescribed in regulations promulgated by the commissioner.
HISTORY: 1962 Code Section 32-1567; 1956 (49) 1630; 1987 Act No. 187 Section 4, eff June 30, 1987.
Effect of Amendment
The 1987 amendment added a paragraph exempting the sale of rice or bulk rice under certain conditions from requirements of this chapter.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-80. Seizure of nonconforming rice and bulk rice; release upon compliance.

Whenever the Commissioner has probable cause to believe that any rice or bulk rice has been sold or offered for sale or exchange in violation of any of the provisions of this chapter, he may seize and affix to such product a notice to that effect detaining the product and warning all persons not to dispose of it by sale or otherwise without his permission. It shall be a violation of this chapter, subject to the penalties set forth in Section 39-31-120, for any person to dispose of such product by sale or otherwise without such permission. The Commissioner may, in his discretion, release the rice or bulk rice for feed or brewing purposes or for shipment out of the State or for human consumption, if brought into compliance with this chapter and upon payment of all costs or expenses incurred in any proceeding connected with such seizure and withdrawal.
HISTORY: 1962 Code Section 32-1568; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-90. Inspection of premises and vehicles.

The Commissioner may enter upon any business premises or vehicles where rice may be found, for the purpose of enforcing this chapter, and to take samples of and inspect and analyze rice or bulk rice which are offered for sale or which have been sold or exchanged for services or goods.
HISTORY: 1962 Code Section 32-1569; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-100. Enforcement; promulgation of rules and regulations.

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 rice:
(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;
(4) Labeling requirements; and
(5) Sanitation requirements.
HISTORY: 1962 Code Section 32-1570; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-110. Commissioner may act through officers or employees.

The authority vested in the Commissioner by this chapter may be exercised by him through such officers or employees of the Department of Agriculture of this State as he may designate.
HISTORY: 1962 Code Section 32-1571; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 31 - Rice › Section 39-31-120. Penalties.

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.
HISTORY: 1962 Code Section 32-1572; 1956 (49) 1630.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1210. Milk, unlawful to fraudulently manipulate certain test.

It shall be unlawful for any person, by himself or as the officer, servant, agent or employee of any person, receiving, buying or paying for milk, cream or other dairy products on the butterfat basis thereof (a) to underread, overread or otherwise to fraudulently manipulate the Babcock or other test approved by the Commissioner of Agriculture used to determine the per cent of fat in milk, cream or other dairy products, (b) to falsify the record thereof or (c) to pay on the basis of any measurement or weight except the true measurement or weight as determined and authorized by the Commissioner of Agriculture.
HISTORY: 1962 Code Section 32-1607; 1952 Code Section 32-1607; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1220. Employment of licensed tester.

Every milk plant, creamery, shipping station, other factory or person or agent receiving, buying or paying for milk, cream or other dairy products on the basis of butterfat content shall have in its employ at least one licensed tester who shall supervise and be responsible for the accurate and correct operation of the Babcock or other test to determine the fat content of such products.
HISTORY: 1962 Code Section 32-1608; 1952 Code Section 32-1608; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1230. Issuance, term, and renewal of license of tester.

The license shall be issued by the Commissioner of Agriculture upon receipt of a properly executed application form and upon the passing satisfactorily of an examination prescribed by the Commissioner and after having satisfactorily completed a special training course for tester conducted by the dairy department of Clemson University. The license shall be valid for the term of one year and shall be revoked by the Commissioner upon evidence that the licensee has failed to comply with the rules and regulations under which the license was granted. Unless revoked the license shall be renewed annually upon application from the licensee.
HISTORY: 1962 Code Section 32-1609; 1952 Code Section 32-1609; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1240. Hauler or receiver shall not manipulate weights or samples.

It shall be unlawful for a hauler of milk, cream or other dairy products or any other person or agent, receiving such products by weight or butterfat content, fraudulently to manipulate the weight of milk, cream or other dairy products of any patron, to take an unfair sample thereof or fraudulently to manipulate such samples in any manner. In case weighing and sampling is done by a hauler, he shall hold a license for a weighman and sampler as set out in Section 39-33-1260.
HISTORY: 1962 Code Section 32-1609.1; 1952 Code Section 32-1609.1; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1250. Equipment of receiver or buyer; testing; condemnation.

It shall be the responsibility of the receivers or buyers to provide equipment necessary to obtain accurate weights and accurate and representative samples for determining the butterfat content of milk or cream received and paid for on the basis of weight and test. The Commissioner of Agriculture shall cause to be made such tests for accuracy on any equipment necessary or incidental to the ascertainment of accurate weights and the taking of accurate representative samples for determining the butterfat content of milk or cream in the State, and he shall condemn any equipment found to be of doubtful accuracy in weighing, sampling or testing for butterfat when the basis of payment is weight and butterfat content, if the receiver or buyer has been given a reasonable time to correct or replace such equipment.
HISTORY: 1962 Code Section 32-1609.2; 1952 Code Section 32-1609.2; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1260. Employment and licenses of weighmen and samplers.

Every milk plant, creamery, shipping station or other factory or person or agent receiving, buying or paying for milk, cream or other dairy products on the basis of butterfat content, shall have in its employ at least one licensed weighman and sampler who shall supervise and be responsible for accurate weights and representative samples of all milk or cream received and paid for on the basis of weight and butterfat content. The license shall be issued by the Commissioner of Agriculture or his authorized agent upon receipt of a properly executed application form and upon the passing satisfactorily of an examination prescribed by the Commissioner. This license shall be valid for the term of one year and shall be revoked by the Commissioner upon evidence that the licensee has failed to comply with the rules and regulations under which the license was granted. Unless revoked this license shall be renewed annually upon application from the licensee.
HISTORY: 1962 Code Section 32-1609.3; 1952 Code Section 32-1609.3; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1270. Temporary permit to test, weigh, or sample prior to license examination.

Any person who shall desire to test, weigh or sample either milk or cream prior to taking the necessary examination for a license may apply to the Commissioner of Agriculture for a temporary permit. Such permit when issued shall entitle the holder to test, weigh or sample milk or cream until the date specified for taking the examination as prescribed by the Commissioner. A permit holder shall bear the same responsibilities as a licensee in complying with all of the provisions of this article.
HISTORY: 1962 Code Section 32-1609.4; 1952 Code Section 32-1609.4; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1280. Promulgation of rules and regulations.

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.
HISTORY: 1962 Code Section 32-1609.5; 1952 Code Section 32-1609.7; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1290. Interference with enforcement of article.

It shall be unlawful for any person, either for himself or as an officer, servant, agent or employee of any other person, to interfere in any manner with any duly authorized agent of the Commissioner of Agriculture, to refuse entry to such agent or to interfere in any way so as to hinder or prevent such agent from carrying out any of the provisions of this article.
HISTORY: 1962 Code Section 32-1609.6; 1952 Code Section 32-1609.8; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1300. Duty of prosecuting attorneys regarding enforcement of article.

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.
HISTORY: 1962 Code Section 32-1609.7; 1952 Code Section 32-1609.9; 1951 (47) 541.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 33 - Milk And Milk Products Marketing › Section 39-33-1310. Report of receipts and expenditures.

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.
HISTORY: 1962 Code Section 32-1609.8; 1952 Code Section 32-1609.10; 1951 (47) 541.