reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-40. Commission of board of incorporators; opening books of subscriptions.

Upon the filing of the petition as above and upon the payment of the fee for filing such petition, the Secretary of State shall issue to the petitioners a commission constituting them a board of incorporators and authorizing them to open books of subscription to the capital stock of the proposed association after such public notice, not exceeding ten days, as he may require in such commission.
HISTORY: 1962 Code Section 3-704; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-50. Subscriptions to capital stock of association; how payable.

All subscriptions to the capital stock of any association organized under this chapter shall be payable in money or in labor or property at its money value and shall be listed, the labor or the property and the value thereof to be specified in the list of subscriptions. But no subscription in labor or property shall be received unless such labor or property and the value thereof, so to be specified as aforesaid, be approved by the board of incorporators.
HISTORY: 1962 Code Section 3-705; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-60. Money value of subscription to be paid if labor not performed or property not delivered.

In case of failure to perform the labor or to deliver the property according to the terms of the subscription the money value thereof, as specified in the list of subscriptions, shall be paid by the subscribers.
HISTORY: 1962 Code Section 3-706; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-70. Minimum limitation on amount of capital stock; par value.

No association shall be formed under this chapter with a capital stock less than one hundred dollars. The par value of the shares shall not be less than one dollar.
HISTORY: 1962 Code Section 3-707; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-80. Limitation on number of shares owned; one vote per share.

No stockholder shall own shares of a greater par value than one fifth of the capital stock of the association. Each stockholder shall be allowed to cast as many votes as the number of shares he owns on any subject arising in the management of the association.
HISTORY: 1962 Code Section 3-708; 1962 (52) 2222; 1964 (53) 2208.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-90. Meeting of subscribers; election of directors; votes of subscribers.

When not less than fifty per cent of the proposed capital stock shall have been subscribed by bona fide subscribers the board of incorporators shall call all the subscribers together. At such meeting of the subscribers, if a majority of them shall be present in person or by proxy, the subscribers shall proceed to the organization of the association by the election from themselves of a board of directors not less than five nor more than nine in number. Each subscriber shall be allowed to cast as many votes as the number of shares he has subscribed to multiplied by the number of directors to be elected.
HISTORY: 1962 Code Section 3-709; 1962 (52) 2222; 1964 (53) 2208.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-100. Duties of directors; terms; removal; vacancies.

This board of directors shall manager the affairs of the association for such term of office as the bylaws may prescribe and until their successors shall have been elected and shall have qualified and entered upon the discharge of their duties. But a majority of the stockholders at a meeting legally called according to the bylaws of the association may remove any director or officer for cause and fill the vacancy and thereupon the director or officer so removed shall cease to be a director or officer of the association.
HISTORY: 1962 Code Section 3-710; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-110. Officers; election; bond.

The officers of every such association shall be a president, a secretary and a treasurer or a secretary-treasurer combined, who shall be elected annually by the directors. Each of the officers must be a director of the association. The treasurer or secretary-treasurer shall give such bond as the board of directors may require.
HISTORY: 1962 Code Section 3-711; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-130. Payment of subscriptions; certificate of compliance; fees; issuance and recordation of charter; disposition of incorporation papers.

Upon the payment to the treasurer or the secretary-treasurer of the association of at least twenty per cent of the aggregate amount of the capital subscribed payable in money and also upon the delivery of at least twenty per cent of the property subscribed to the aggregate amount of the capital stock or upon its delivery being secured by such obligations of the subscribers as the board of directors may approve the board of directors shall, over their own signatures, certify to the Secretary of State that all the requirements for the formation of the association have been complied with.
Upon the filing of this return by the directors and the payment of the required fee for filing such return and upon the receipt of the charter fee as now provided by law the Secretary of State shall issue to the board of incorporators a certificate of charter authorizing the association to commence business under the name and for the purposes indicated in the written declaration. The certificate of charter granted by the Secretary of State shall be recorded in the office of the register of deeds or the clerk for the county in which such association shall have a business office. The board of incorporators shall turn over to the proper officers of the association all subscriptions, lists and other papers which they have taken as incorporators and all such papers shall be as valid as if taken and made by the association.
HISTORY: 1962 Code Section 3-713; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-140. Powers of association.

The association provided for in this chapter shall have the following powers:
(1) To have succession by its corporate name for the period limited in its charter and when no period is limited in perpetuity.
(2) To sue and be sued.
(3) To use a common seal and to alter it at pleasure.
(4) To hold, purchase, lease, mortgage, or otherwise dispose of and convey such real and personal estate as the business of the association requires.
(5) To make contracts under such regulations as may be fixed in the bylaws of the association possessing the same powers in such respects as individuals now enjoy.
(6) To borrow money for the purpose of carrying out the objects of its charter, to make notes, bonds or other evidences of debt and to secure the payment of its obligations by mortgage or deed of trust on any or all of its property and franchises, both real and personal.
(7) To appoint such subordinate officers and agents as the business of the association requires, prescribe their duties and fix their compensation.
(8) To make bylaws not inconsistent with any existing law for the transfer of its stock, the management of its property or the regulation of its affairs.
(9) To expel or suspend members or associates.
(10) Construct, repair, maintain, operate and lease or rent houses, dormitories, community rooms, dining halls, infirmaries, educational or assembly buildings and any other related buildings, including those used for heating, bathing facilities or domestic water supply.
(11) The board of directors of the association is authorized to levy assessments or other charges as they may determine, as a source of income, against the stockholders in proportion to the number of shares of stock held by each such stockholder.
HISTORY: 1962 Code Section 3-714; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-150. Dissolution of association.

Any association organized for the purposes aforesaid which shall have accomplished the purpose for which it has been organized or which may desire to wind up its affairs may do so upon a vote of a two-thirds majority of its members at a meeting of which published notice or written notice mailed to each member shall be given. Such notice shall state the purpose of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State.
HISTORY: 1962 Code Section 3-715; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-160. Certified copy of charter as evidence of incorporation.

A certified copy of the charter and any amendment thereof from the Secretary of State or from the clerk of the court or register of deeds of the county in which such charter is required to be recorded shall be sufficient evidence of the incorporation of any association chartered under this chapter and of any amendment to its certificate of incorporation.
HISTORY: 1962 Code Section 3-716; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-170. Secretary of State to file and index charters and amendments.

All papers required to be filed hereunder and all charters or amendments thereof that may be granted shall be filed under proper numbers and indexed by the Secretary of State. The charter or amendments shall be recorded within thirty days after its receipt in the office of the clerk of court or register of deeds in the county in which the corporation is organized.
HISTORY: 1962 Code Section 3-717; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-10. South Carolina Grain Dealers Guaranty Fund created.

There is created within the State Treasury a separate fund to be known as the "South Carolina Grain Dealers Guaranty Fund".
HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
Editor's Note
2000 Act No. 381, Part II, Section 3, provides as follows:
"The Department of Agriculture may promulgate regulations necessary to carry out the provision of Chapter 40 of Title 46 of the 1976 Code."
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-20. Definitions.

As used in this chapter:
(1) "Department" means the South Carolina Department of Agriculture.
(2) "Fair market value" means the value based on the average market price being paid to grain dealers by grain processors on a specified date.
(3) "Grain" means any feed grains or oil seeds, except cottonseeds, sold by South Carolina grain dealers.
(4) "Debtor" means the Southern Soya Corporation now in bankruptcy. Bankruptcy for this purpose includes a Chapter 7 liquidation or a Chapter 11 reorganization.
(5) "Loss" means any monetary loss of a debtor over and beyond the amount protected by the debtor's bond and over and beyond the amount, if any, previously received for the monetary loss from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund as a result of doing business with the debtor.
(6) "Date of loss" means the date the debtor filed its petition for bankruptcy.
(7) "Grain dealer" means any resident licensed by this State engaged in selling grain received from the producer or the producer's agent.
HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-30. Assessments.

An assessment of two cents a bushel must be imposed on all grain handled by grain dealers other than grain for which a prior grain dealer has already paid the assessment. The assessment must be reported and remitted to the department by the grain dealer as of the month in which the grain was delivered to the grain dealer, except as provided by Section 46-40-60.
HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-40. State Treasurer to administer fund; presentation of claims against Southern Soya Corporation; time for filing; verification; relation to other funds; subrogation.

(A) The State Treasurer shall administer the investment of the fund. The department shall administer the collection of assessments and investigate losses for which payment is requested. After verifying a grain dealer's losses, the department shall request that payment for verified losses be made by the State Treasurer to the grain dealer incurring a loss and maintain records of payments made. The fund must be established for the benefit of grain dealers who have delivered grain to the debtor and compensate them for losses relative to grain delivered to the debtor. All income or interest derived from this fund must be reinvested in the fund.
(B) A grain dealer who has not previously filed a claim in this matter within ninety days after the effective date of this chapter shall present his claim for the losses incurred for grain which has been delivered to the debtor, which must be under oath, to the department on a form supplied by the department. All claims must be filed within ninety days after the effective date of this chapter or they are barred from recovery under this fund. To verify his claim, the grain dealer shall present any evidence of loss including, but not limited to, scale tickets. The price for each bushel of grain must be established on the day of the loss and must be for the fair market value on that day at the location of loss. The price for each bushel may not be higher than the contract price, if a price has been established. All grain dealers filing claims under this section are bound by the value determined by the department.
(C) If a claim has previously been denied or if a claim is pending with the department and is not subject to payment from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund, these claims must be considered for payment from this fund.
(D) The department within thirty days from verification of loss shall request payment of one hundred percent of the approved claim.
(E) Upon approval of his claim by the department, the grain dealer shall subrogate his interest, if any, to the department in a cause of action against the debtor. All monies received from subrogation of these claims must be reinvested in the fund.
HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-50. Loan from Insurance Reserve Fund authorized; repayment; disposition of federal funds or other funds not received from assessments.

(A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million two hundred thousand dollars on a one-time basis to the department for the use of the Grain Dealers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section.
(B) Any federal funds or other funds not derived from grain assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each grain dealer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments.
HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-60. Schedule for remitting assessments; reports; determination of amount due upon failure to remit; hearings; penalties.

(A) The grain dealer shall remit assessments and file with the department a report of such assessments on grain received by him by the fifteenth day of each calendar month following any calendar month in which the grain dealer has received quantities of grain subject to assessments totaling fifty dollars or more. If such grain dealers have received quantities of grain subject to assessments totaling less than fifty dollars in any calendar month, the assessments may be reported and remitted with the following month's return. All assessments must be remitted at least once every three months.
(B) In case any person subject to this section fails to make a report and remittance when required, the department shall determine the amount of the assessment according to its best judgment and information and such amount shall be prima facie correct, and the person who failed to make the report, within ten days after notice of the amount of the assessment is mailed to him, shall pay the assessment, together with a penalty of ten percent, or dispute such assessment and request a hearing to determine its amount and the penalty to be imposed. No payment shall be made until the department enters its order determining the amount of the payment but the payment must be made within ten days' notice of the order. On failure to remit payment within ten days of the receipt of the order, the department may suspend the dealer's license pursuant to Section 46-41-130.
HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000; 2002 Act No. 340, Section 8, eff June 30, 2002.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-80. Single payment restriction.

No grain dealer is entitled to be paid more than once from any state guaranty fund for any losses incurred as a result of the bankruptcy of this debtor.
HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 40 - Grain Dealers Guaranty Fund › Section 46-40-100. Administrative costs.

The department may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund to cover the costs associated with administering the program.
HISTORY: 2008 Act No. 353, Section 2, Pt 7D.1, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-10. Definitions.

For the purpose of this chapter the following words shall mean:
(1) "Dealer in agricultural products" means any person, association, itinerant dealer, copartnership or corporation engaged in the State in the business of buying, receiving, selling, exchanging, negotiating, processing for resale or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his agent or representative or received on consignment from the producer or his agent or representative or received to be handled on net return basis from the producer.
(2) "Commissioner" means the Commissioner of Agriculture.
(3) "Agricultural products" shall mean and include the natural products of the farm, orchard, vineyard, garden and apiary, raw and manufactured; livestock and poultry products but shall not include tobacco, cotton, dairy products and timber products.
(4) "Net return basis" means a purchase for sale of agricultural products from a producer or shipper at an unfixed or unstated price at the time the agricultural products are shipped from the point of origin, and it shall include all purchases made "at the market price," "at net worth," and on similar terms, which indicate that the buyer is the final arbiter of the price to be paid.
(5) "Consignment" means any transfer of agricultural products by the seller to the custody of another person who acts as the agent for the seller for the purpose of selling such agricultural products.
(6) "Producer" means any producer of agricultural products produced in the State.
HISTORY: 1962 Code Section 3-751; 1967 (55) 349; 1981 Act No. 156 Section 14A.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-20. Exceptions.

The provisions of this chapter shall not apply to:
(1) Resident farmers or groups of resident farmers in the sale or purchase of agricultural products.
(2) All persons who buy for cash and pay at the time of delivery with United States currency and maintain on file in the office of the Commissioner an affidavit of this fact which shall be renewed on an annual basis.
(3) A dealer in agricultural products who operates as a bonded licensee under the Federal Packers and Stockyards Act.
(4) An operator of a roadside stand doing business within the State who pays for agricultural products by cash or check.
(5) All persons who buy in small quantities for personal use or consumption.
HISTORY: 1962 Code Section 3-752; 1967 (55) 349; 1981 Act No. 156 Sections 15, 16; 1983 Act No. 112 Section 3.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-25. Provisions not to apply to South Carolina miller.

The provisions of Section 46-41-30 shall not apply to any South Carolina miller who receives and purchases grains from producers on a cash on delivery basis only and pays by check or draft and post conspicuously in his place of business a notice to the producer that the miller is (a) not a licensed dealer; (b) not bonded as a licensed dealer; (c) does not collect assessments for, nor offer the protection of the South Carolina Grain Producers Guaranty Fund, and gives the same notice in writing to the producer prior to receipt and purchase of each lot of grain, and registers with the Commissioner an affidavit of this fact which shall be renewed on an annual basis.
HISTORY: 1981 Act No. 156 Section 17; 2000 Act No. 381, Part II, Section 2(C), eff June 14, 2000.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-30. Unlawful to engage in business as dealer without license; penalties for violation.

It is unlawful for a dealer in agricultural products to engage in that business without a state license issued by the commissioner. This requirement applies to all dealers in agricultural products who are not exempted by Sections 46-41-20 and 46-41-25.
(1) A person violating the provisions of this section is guilty of a misdemeanor for a first offense and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than three years, or both.
(2) Conviction for a second or subsequent offense is a felony and the person must be imprisoned not more than five years and fined not more than five thousand dollars.
HISTORY: 1962 Code Section 3-753; 1967 (55) 349; 1968 (55) 2499; 1981 Act No. 156 Section 18; 1993 Act No. 184, Section 78, eff January 1, 1994.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-40. Application for license.

Every dealer in agricultural products, desiring to transact business within the State, shall, prior to transacting such business, file an application for a license with the Commissioner. License shall be renewed annually on its anniversary date. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:
(1) The kind of agricultural products the applicant proposes to handle;
(2) The full name or title of the applicant, or if the applicant be an association or copartnership, the name of each member of such association or copartnership, or if the applicant be a corporation, the name of each officer of the corporation;
(3) The name of the local agent of the applicant, if any;
(4) The cities, and towns, within which places of business of the applicant will be located, together with the street or mailing address of each.
HISTORY: 1962 Code Section 3-754; 1967 (55) 349.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-50. Issuance of license; fees; penalty for late renewal.

Each application for a dealer's license under Section 46-41-40 or affidavit registered and filed under Section 46-41-25 shall be subject to an annual fee for the principal place of business for a dealer in agricultural products of fifty dollars. For each additional place of business named in the application, there shall be an additional ten dollars annual fee.
Should any dealer in agricultural products fail, or neglect to apply and qualify for the renewal of a license, or register an affidavit of exception, on or before the date of expiration, a fine of one hundred dollars shall apply and be added to the original fee and shall be paid by the dealer before the renewal may be issued. An additional fine of one hundred dollars shall be applied for each month or part of a month beyond the first month after expiration.
HISTORY: 1962 Code Section 3-755; 1967 (55) 349; 1981 Act No. 156 Section 19.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-70. Proceedings upon complaint for breach of condition of bond.

Any person claiming himself to be damaged by any breach of the conditions of a bond given by a licensed dealer in agricultural products or by any alleged injurious practice or transaction by a dealer in agricultural products may enter a complaint to the Commissioner, which complaint shall be a written statement of the facts constituting such complaint. Such complaint shall be filed within six months from the date of the last transaction between the complaining producer and the dealer complaint against. Upon filing such complaint, the Commissioner shall investigate the charges made; whereupon, if in the opinion of the Commissioner the facts contained in the complaint warrant such action, a copy of the complaint shall be forwarded by the Commissioner to such dealer who shall be called upon to answer the complaint in writing within a reasonable time to be prescribed by the Commissioner. At his discretion the Commissioner may order a hearing before him giving the complainant and the respondent notice of the time and place of such hearing. At the conclusion of such hearing the Commissioner shall report his findings and make his order upon the matters complained of to the complainant and the respondent in each case, who shall then have fifteen days in which to make effective and satisfy the Commissioner's order. If such settlement is not effected within such time, the Commissioner or the producer may maintain a civil action against the principal and surety on the bond of the party against whom the order was directed, setting forth briefly in the complaint in such civil action the causes for which damages are complained. In any such suit, if the party who was successful before the Commissioner finally prevails, he shall be allowed court costs and a reasonable attorney's fee to be taxed and collected as a part of the cost of the suit. If the order of the Commissioner is against the producer and if the producer is not satisfied with such ruling, he may commence and maintain an action against the principal and surety on the bond of the parties complained of and the party prevailing shall be entitled to court costs and attorney's fee to be taxed and collected as a part of the suit. If the bond thus posted is insufficient to pay in full the valid claims of producers, the Commissioner shall direct that the proceeds of such bond be divided pro rata among such producers.
HISTORY: 1962 Code Section 3-757; 1967 (55) 349; 1981 Act No. 156 Section 21.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-80. Consignment of products to another commission merchant or broker without consent of consignor prohibited.

No dealer in agricultural products or commission merchant to whom any consignment of an agricultural product by a South Carolina producer, his agent or representative, has been made shall consign such consignment to another commission merchant or broker and receive, collect, or charge more than one commission or brokerage for making the sale thereof for the consignor, unless by written consent by such consignor.
HISTORY: 1962 Code Section 3-758; 1967 (55) 349.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-90. Records to be kept by dealers; when dealer shall make payment to producer.

Every dealer in agricultural products must upon the receipt of agricultural products on consignment basis and as he handles and disposes of them, make and preserve for at least one year a record, specifying the name and address of the producer consigning the agricultural products, the date of receipt, and the kind and quality of such produce. Such consignment sales must be substantiated by a written contract on forms approved by the Department of Agriculture. The dealer must make payment in settlement for such shipment to the producer within ten days after the sale of such agricultural products, unless otherwise agreed in writing.
HISTORY: 1962 Code Section 3-759; 1967 (55) 349; 1981 Act No. 156 Section 22; 1983 Act No. 112 Section 4.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-95. Records to be maintained by dealer; inspection of records.

(1) Each licensed dealer shall maintain complete and current records to show all transactions of business as defined in item (1) of Section 46-41-10. All records shall be maintained on a daily basis as directed by the Commissioner. The Department of Agriculture shall by regulation establish the forms on which such records shall be kept.
(2) All records shall be available for inspection by the Commissioner or his agents during ordinary business hours and any other time specified by the Commissioner or his agents in writing.
(3) All records shall be kept for a period of not less than six years. Such records shall be kept for the stated time period even if a license has been canceled.
HISTORY: 1981 Act No. 156 Section 23.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-100. Investigations by Commissioner; examination of documents.

The Commissioner shall have power to investigate upon complaint of any interested person or upon his own initiative the record of any applicant, licensee or unlicensed person, partnership or corporation alleged or suspected to be a dealer in agricultural products, or any transaction involving the solicitation, receipt, sale or attempted sale of agricultural products, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions with intent to deceive, or the failure to make payment for goods received, or other alleged injurious transactions. For such purposes the Commissioner or his agents may examine, at the place or places of business of the applicant or licensee, his ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, and may take testimony under oath.
HISTORY: 1962 Code Section 3-760; 1967 (55) 349; 1981 Act No. 156 Section 24.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-110. Inspection of despoliated products before sale.

Whenever produce is shipped to or received by a licensed dealer for handling, purchase or sale in this State at any market point, and the dealer finds such to be in a spoiled, damaged, unmarketable or unsatisfactory condition, unless both parties shall waive inspection before sale or other disposition, he shall cause it to be examined by an inspector of the South Carolina Department of Agriculture or by a qualified inspector licensed by the United States Department of Agriculture, and such inspector shall execute and deliver a certificate to the applicant stating the day and the time and place of such inspection and the condition of such produce, and mail or deliver a copy of such certificate to the shipper.
HISTORY: 1962 Code Section 3-761; 1967 (55) 349.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-120. Grounds for refusal; suspension or revocation of license.

The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has either:
(1) Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied; or
(2) Made false charges for handling or services rendered; or
(3) Failed to account promptly and properly, or to make settlements with any producer; or
(4) Made any false statement or statements as to condition, quality or quantity of goods received or held for sale when he could have ascertained the true condition, quality or quantity by reasonable inspection; or
(5) Made any false or misleading statement as to market conditions or service rendered; or
(6) Been guilty of a fraud in the attempt to produce or the procurement of a license; or
(7) Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer, consigning such products, or without notifying such producer; or
(8) Failed to remain acceptable for coverage under the surety bond required by Section 46-41-60 or to cooperate with the bond provider.
HISTORY: 1962 Code Section 3-762; 1967 (55) 349; 1981 Act No. 156 Section 25.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-130. Procedure for refusal, suspension, or revocation of license; temporary suspension.

(A) Before the commissioner refuses to issue a license or revokes a license he shall give ten days' notice, by registered mail, to the applicant or licensee of a time and place of hearing. At the hearing the applicant or licensee must be allowed to appear in person or by or with counsel and to produce witnesses. If the commissioner finds the applicant or licensee guilty of any of the acts provided in Section 46-41-120 or finds that the grain dealer has not paid the assessment prescribed by Section 46-40-60(B) of the Grain Dealers Guaranty Fund, the commissioner may refuse, suspend, or revoke the license and shall give immediate notice of his action to the applicant or licensee.
(B) The commissioner may temporarily suspend and take possession of a license simultaneously with the institution of proceedings under this section or Section 46-41-70 if he finds there is imminent danger to public welfare.
HISTORY: 1962 Code Section 3-763; 1967 (55) 349; 1981 Act No. 156 Section 26; 2002 Act No. 340, Section 9, eff June 30, 2002.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-180. Appointment of Commissioner as agent for service of process.

Every dealer who is a nonresident or every resident dealer who subsequently becomes a nonresident of this State shall be deemed to have appointed the Commissioner of Agriculture as his true and lawful attorney in fact for the service of process upon him in any action in the courts of this State for any violation of the provisions of this chapter.
HISTORY: 1962 Code Section 3-768; 1967 (55) 349.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-200. Establishment of South Carolina Grain and Cotton Producers Guaranty Fund.

There is created within the State Treasury a fund to be known as the "South Carolina Grain and Cotton Producers Guaranty Fund" (fund).
HISTORY: 1981 Act No. 156 Section 28; 2000 Act No. 381, Part II, Section 2(B), eff June 14, 2000; 2022 Act No. 181 (S.1117), Section 1, eff May 16, 2022.
Editor's Note
2022 Act No. 181, Section 4, provides as follows:
"SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section.
"(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments."
Effect of Amendment
2022 Act No. 181, Section 1, inserted "and Cotton" following "South Carolina Grain".
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 41 - Dealers And Handlers Of Agricultural Products › Section 46-41-220. Assessment on soybeans, grain, and cotton.

An assessment of one cent a bushel must be imposed on all soybeans, one-half cent a bushel on all other grain delivered by producers, and fifty cents per bale of cotton. The assessment for soybeans and grain shall be collected at the first point of sale. The assessment for cotton shall be collected at the time and place of ginning. The grain assessment must be reported and remitted to the department by the grain dealer as of the calendar quarter in which the grain was delivered to the grain dealer, except as provided by Section 46-41-240. The cotton assessment must be reported and remitted to the department by the cotton gin as of the calendar quarter in which the cotton was ginned, except as provided by Section 46-41-240. The department shall remit the assessment to the State Treasurer to be credited to the fund.
HISTORY: 1981 Act No. 156 Section 28; 1982 Act No. 468, Section 2; 1983 Act No. 112 Section 6; 1988 Act No. 435, eff April 5, 1988; 2022 Act No. 181 (S.1117), Section 1, eff May 16, 2022.
Editor's Note
2022 Act No. 181, Section 4, provides as follows:
"SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section.
"(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments."
Effect of Amendment
2022 Act No. 181, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds › Section 46-42-10. Responsibility, training, and certification of persons engaged in sampling, grading, and inspection of grains and oilseeds.

All dealers and handlers engaged in the grading of grain and oilseeds shall be responsible for the proper grade determination as set forth by the official United States Standards for grain or those approved by the Commissioner of Agriculture. All persons engaged in grading of grains and oilseeds shall be certified or supervised by a person certified by the South Carolina Department of Agriculture. Training and certification of persons engaged in sampling, grading and inspection of grains and oilseeds shall be made available by the South Carolina Department of Agriculture.
HISTORY: 1981 Act No. 178 Part II, Section 14.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds › Section 46-42-20. Equipment and procedures used in sampling, grading, and inspection of grains and oilseeds.

All equipment used and procedures employed in the sampling, grading and inspection of grains and oilseeds shall be capable of consistently producing results in accordance with those specified by the United States Grain Standards Act or those approved by the Commissioner of Agriculture. The Commissioner of Agriculture (Commissioner) or his agent may inspect all equipment and procedures and may condemn equipment and suspend certificates when inaccuracies occur.
HISTORY: 1981 Act No. 178 Part II, Section 14.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds › Section 46-42-30. Portion of sample to be retained for checking when discount or weight deduction is assessed.

If requested by the deliverer of grain or oilseed on which a discount or weight deduction is assessed, one-half must be placed and sealed in a tamper-proof container provided by the Department of Agriculture and the container must be returned to the deliverer of the grain or oilseed sampled, tested or graded. Records shall be maintained for a period of one year on each lot of grain or oilseed for which a grade is determined by the dealer and handler in order to assist the Commissioner in evaluation grading performance. The Commissioner may suspend or revoke a grader's certificate when he deems the grader incapable of competent performance.
HISTORY: 1981 Act No. 178 Part II, Section 14; 1983 Act No. 112 Section 7.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds › Section 46-42-40. Laws governing weighing devices, personnel, and procedures.

All weighing devices used by grain or oilseed dealers and handlers shall be those approved by weights and measures laws. Personnel and procedures shall conform to the provisions of the Public Weighmasters Law.
HISTORY: 1981 Act No. 178 Part II, Section 14.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds › Section 46-42-50. Printout or punch ticket required; design; contents; to serve as receipt.

Dealers and handlers shall be required to issue a printout or punch ticket of a design approved by the Commissioner for each lot of grain or oilseed received into custody of such dealers and handlers. The printout or punch ticket shall contain all weighing, grading and disposition information needed for proper identity, including:
(1) Date;
(2) Name and address of the dealer and handler and his public weighmaster number;
(3) owner of commodity;
(4) vehicle identity;
(5) gross, tare and new weight or in the case of hopper weighing, net weight of load;
(6) type commodity;
(7) percentage of moisture;
(8) percentage of foreign material, other factors determined (specify);
(9) grade assigned;
(10) disposition of commodity;
(11) signature of person weighing and grading.
The printout or punch ticket shall serve as a receipt that grain or oilseed was received into custody by the dealer or handler issuing the printout or punch ticket, unless otherwise stated on the ticket.
HISTORY: 1981 Act No. 178 Part II Section 14.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 42 - Sampling, Grading And Inspection Of Grains And Oilseeds › Section 46-42-80. Penalties for violation of chapter.

Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed one thousand dollars or imprisoned for a term not to exceed six months or both.
HISTORY: 1981 Act No. 178 Part II, Section 14.