reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-5. Short title; purpose.

This chapter is known as the "South Carolina Gasoline, Lubricating Oils, and Other Petroleum Products Act". This chapter promotes and protects the public health, safety, and welfare by ensuring that petroleum products:
(1) are labeled and posted in a manner consistent with the principal of truth-in-labeling;
(2) meet or exceed minimum standards of quality as set out in the American Society of Testing and Materials Manual.
HISTORY: 1994 Act No. 469, Section 1, eff July 14, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-10. "Petroleum" and "petroleum product" defined.

"Petroleum" or "petroleum product" as used in this article means gasoline, gasohol, kerosene, diesel fuels, jet fuels, fuel oil no. 1 through 4, or a similar product of petroleum or a product which may be acceptable for use as a petroleum product or oxygenated compound blends of the products but does not include compressed natural gas or propane when dispensed or sold as a motor vehicle fuel.
HISTORY: 1962 Code Section 66-401; 1952 Code Section 66-401; 1942 Code Section 6585; 1932 Code Section 6585; Civ. C. '22 Section 3495; 1913 (28) 204; 1933 (38) 267; 1934 (38) 1398; 1936 (39) 1615; 1941 (42) 119; 1981 Act No. 130, Section 1; 1994 Act No. 469, Section 2, eff July 14, 1994.
Effect of Amendment
The 1994 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-70. Inspection of petroleum products.

All petroleum products sold or offered for sale in this State and to be used in this State for power, illuminating or heating purposes, shall be subject to inspection and testing to determine their safety and value for power, illuminating or heating purposes. The Department of Agriculture may at any time or place have collected samples of any petroleum product offered for sale and have them tested and analyzed. The inspection of petroleum products as authorized in this article shall be under the direction of the Commissioner of Agriculture, who may make all necessary regulations for the inspection of such petroleum products, employ all necessary chemists and enforce standards as to safety, purity, value for power and heating purposes or absence of objectionable substances and luminosity, when not in conflict with the provisions of this article, and which he may deem necessary to provide the people of the State with satisfactory petroleum products.
HISTORY: 1962 Code Section 66-407; 1952 Code Section 66-407; 1942 Code Section 6575; 1932 Code Section 6575; Civ. C. '22 Section 3485; 1913 (28) 204; 1933 (38) 257; 1936 (39) 1615; 1941 (42) 119; 1981 Act No. 130, Section 5.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-80. Promulgation of rules and regulations.

The Commissioner of Agriculture is authorized to promulgate rules and regulations prescribing standards for petroleum products and methods for testing same.
HISTORY: 1962 Code Section 66-408; 1952 Code Section 66-408; 1942 Code Section 6576; 1932 Code Section 6576; Civ. C. '22 Section 3486; 1913 (28) 204; 1936 (39) 1615; 1941 (42) 119; 1963 (53) 286.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-90. Complaints, tests of safety and value of products; certain sales prohibited.

Whenever a complaint is made to the Department of Agriculture in regard to power, illuminating or heating qualities of any petroleum product sold in this State, the Commissioner shall cause a sample of such petroleum product complained of to be procured and have it thoroughly analyzed and tested as to safety or value for power or heating purposes or illuminating qualities. If such analysis or other tests shall show that the petroleum product is either unsafe or of inferior quality for power, heating or illuminating purposes, its sale shall be forbidden and reports of the result shall be sent to the person making the complaint and to the manufacturer of such petroleum product.
HISTORY: 1962 Code Section 66-409; 1952 Code Section 66-409; 1942 Code Section 6581; 1932 Code Section 6581; Civ. C. '22 Section 3491; 1913 (28) 204; 1936 (39) 1615; 1941 (42) 119; 1981 Act No. 130, Section 6.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-150. Rules and regulations.

The Commissioner of Agriculture may issue such rules and regulations as may be necessary for carrying out the provisions of this article and such rules and regulations shall have the effect of law.
HISTORY: 1962 Code Section 66-415; 1952 Code Section 66-415; 1942 Code Sections 6578, 6585; 1932 Code Sections 6578, 6585; Civ. C. '22 Sections 3488, 3495; 1913 (28) 204; 1933 (38) 267; 1934 (38) 1398; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-160. Penalties for fraudulent violations.

A person who fraudulently commits the following violations is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days for each offense:
(1) brands or labels a package, a barrel, a pump, a tank, or other vessel;
(2) uses a label a second time;
(3) keeps a petroleum product used for illuminating, heating, or power purposes not marked and branded in accordance with the regulations of the Commissioner of Agriculture;
(4) violates this article or a regulation adopted by the Commissioner of Agriculture for its enforcement.
HISTORY: 1962 Code Section 66-416; 1952 Code Section 66-416; 1942 Code Section 6582; 1932 Code Section 6582; Civ. C. '22 Section 3492; 1913 (28) 204; 1936 (39) 1615; 1941 (42) 119; 1994 Act No. 469, Section 5, eff July 14, 1994.
Effect of Amendment
The 1994 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-170. Penalties for selling petroleum product without a label.

If any person shall sell or offer for sale any petroleum product used for illuminating, heating or power purposes, before first having it labeled and tagged as required by the regulations adopted by the Commissioner of Agriculture, he shall be guilty of a misdemeanor and, on conviction, be fined not exceeding three hundred dollars and such oils and fluids shall be forfeited and sold and the proceeds thereof shall go to the common school fund of the State.
HISTORY: 1962 Code Section 66-417; 1952 Code Section 66-417; 1942 Code Section 6583; 1932 Code Section 6583; Civ. C. '22 Section 3493; 1913 (28) 204; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-180. Penalties for altering or erasing labels.

If any manufacturer or dealer of such gasoline, illuminating or heating fluids shall, with intent to deceive or defraud, alter or erase the label or tag to indicate a different flash test, specific gravity or quantity than is indicated by the label or stamp attached to the vessel, he shall, on conviction, be fined not exceeding fifty dollars for every such offense.
HISTORY: 1962 Code Section 66-418; 1952 Code Section 66-418; 1942 Code Section 6583; 1932 Code Section 6583; Civ. C. '22 Section 3493; 1913 (28) 204; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-185. Labeling of petroleum product dispensers.

(A) A motor fuel retail dealer may not transfer, sell, dispense, or offer petroleum products for sale in South Carolina unless every dispenser is posted clearly with the complete registered brand name for the petroleum products being dispensed including the amount of alcohol, ethanol, and methanol, if any, and the octane number. The dispenser labeling must be in the same size and type lettering for all parts of the brand name including that portion of the brand name disclosing alcohol content and amount.
(B) The labeling must be conspicuous and legible to a customer when viewed from the driver's position of a motor vehicle positioned in front of the dispenser.
(C) Kerosene dispensers must be labeled as either 1-K or 2-K. 2-K dispensers must display the following in lettering at least one inch in height: "Not suitable for use in nonflue-connected heaters".
HISTORY: 1994 Act No. 469, Section 1, eff July 14, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-190. Penalties.

A person who fails to comply with this article for which no other penalty is provided specifically, fails to comply with regulations authorized by Section 39-41-150, or hinders or obstructs the Commissioner of Agriculture or his authorized representative in the enforcement of this article is guilty of a misdemeanor and, upon conviction in a court of competent jurisdiction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days.
HISTORY: 1962 Code Section 66-419; 1952 Code Section 66-419; 1942 Code Section 6585; 1932 Code Section 6585; Civ. C. '22 Section 3495; 1913 (28) 204; 1933 (38) 267; 1934 (38) 1398; 1936 (39) 1615; 1941 (42) 119; 1994 Act No. 469, Section 6, eff July 14, 1994.
Effect of Amendment
The 1994 amendment substituted "must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days" for "shall be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned for not less than thirty days nor more than sixty days", and made minor wording changes throughout the remainder of the section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-195. Penalties for conveyance of motor fuel in violation of this chapter.

(A) If a person or his agent or employee conveys, or offers to convey, motor fuel in violation of this chapter, the person is subject to an administrative fine or a stop-sale order, or both, in the discretion of the Commissioner of Agriculture.
(B) An administrative fine must not be assessed for an amount greater than one thousand dollars unless the violation:
(1) threatens public health or safety;
(2) is committed knowingly or intentionally; or
(3) reflects a continuing and repetitive pattern of disregard for the requirements of this article.
(C) An administrative fine fully assessed by the commissioner for an amount greater than one thousand dollars may be assessed for an amount not in excess of ten thousand dollars.
HISTORY: 1994 Act No. 469, Section 1, eff July 14, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-200. Applicability of article to retailers.

The provisions of this article shall not apply to a retail dealer in petroleum products, unless such retail dealer shall sell or offer to sell petroleum products of a manufacturer, wholesaler or jobber who refuses to comply with the provisions of this article.
HISTORY: 1962 Code Section 66-420; 1952 Code Section 66-420; 1942 Code Section 6586; 1932 Code Section 6586; Civ. C. '22 Section 3496; 1913 (28) 204; 1981 Act No. 130, Section 12.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-210. Reports.

The Commissioner of Agriculture shall include in his report to the General Assembly an account of the operations and expense under this article.
HISTORY: 1962 Code Section 66-421; 1952 Code Section 66-421; 1942 Code Section 6580; 1932 Code Section 6580; Civ. C. '22 Section 3490; 1913 (28) 204; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-220. Inspection of alcohol sold as motor fuel or sold for purpose of producing motor fuel.

Ethyl, methyl, and any other alcohol sold or offered for sale as motor fuel or to be blended with gasoline for the purpose of producing motor fuel are subject to inspection, sampling, and testing by the Department of Agriculture. Gasohol is defined as a blend of gasoline and at least ten percent ethyl alcohol. The department may limit the total oxygenates in the motor fuel blends consistent with industry practices and acceptable consumer motoring performance.
HISTORY: 1980 Act No. 506, Section 14; 1980 Act No. 518, Section 7; 1987 Act No. 203 Section 1, eff June 30, 1987.
Effect of Amendment
The 1987 amendment expanded the section to include all types of alcohol, and gave department authority to limit total oxygenates in motor fuel blends.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-230. Regulations for alcohol used in motor fuels; alcohol to be anhydrous.

The Department of Agriculture shall promulgate regulations under the provision of Sections 1-23-10 et seq. to ensure the quality of methyl or ethyl alcohol used as motor fuels or in blends with other motor fuel. Alcohol blended with gasoline to produce gasohol shall be anhydrous.
HISTORY: 1980 Act No. 518, Section 7; 1980 Act No. 506, Section 14.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-240. Standards for testing petroleum products.

Quality and safety standards for testing of gasoline, gasohol, diesel fuel, kerosene, fuel oil and petroleum products shall be the specifications promulgated by the American Society for Testing and Materials unless other standards are promulgated by the Commissioner of Agriculture in accordance with Section 39-41-80.
HISTORY: 1981 Act No. 130, Section 13.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-250. Registration of gasoline, gasohol and alcohol-gasoline mixtures by octane index; forms; index; standards.

All gasoline, gasohol and alcohol-gasoline mixtures for gasoline type engines that are sold, offered or exposed for sale or distribution in South Carolina shall be registered by each identifying brand name or grade designation and the corresponding minimum guaranteed Octane Index. Prescribed registration forms will be provided by the Department of Agriculture. The Octane Index, the average of the Research Octane Number and the Motor Octane Number, (R+M)/2, shall be the designated number for registration, delivery invoices, bills of lading, delivery tickets, posting on dispensing pumps and for advertising purposes, when so stated. The minimum Octane Index guarantee for premium grade gasoline, gasohol and alcohol-gasoline mixtures shall be ninety-one. The minimum Octane Index guarantee for regular grade gasoline, gasohol and alcohol-gasoline mixtures shall be eighty-seven. Gasoline, gasohol and alcohol-gasoline mixtures having Octane Indices below eighty-seven must be registered and labeled as sub-standard or sub-regular.
HISTORY: 1981 Act No. 130, Section 13.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-255. Retail outlets shall post self-service pump gasoline prices.

Every retail motor fuel outlet shall post in a conspicuous place the self-service pump price for each type of gasoline it has available; provided, that such posted price must include either the cash or the credit price but need not include both such prices. The manner in which the prices are posted must not conflict with any state or local laws or ordinances that regulate the size, use, or placement of billboards or signs. The posting on the pump price mechanism of the price of the type of gasoline available at that pump shall satisfy the requirement of this section.
HISTORY: 1993 Act No. 161, Section 4, eff sixty days after approval (approved June 15, 1993); 1994 Act No. 497, Part II, Section 97, eff June 29, 1994.
Effect of Amendment
The 1994 amendment added the last sentence, which reads: "The posting on the pump price mechanism of the price of the type of gasoline available at that pump shall satisfy the requirement of this section."
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-270. Application of aboveground storage provisions.

The provisions of Section 39-41-260 of the 1976 Code, as amended by Section 1 of Act No. 582 of 1990, apply to all service stations constructed on or after the effective date of this act (June 12, 1990). Also, all existing service stations on the effective date of this act must comply with the revised provisions of Section 39-41-260 within two years of the effective date of this act, except that existing service stations with aboveground storage tanks are not required to comply with the provisions of Section 39-41-260(D) and existing service stations with an aboveground storage tank in excess of twelve thousand gallons liquid capacity on the effective date of this act are exempt from the provisions of Section 39-41-260(B). An imminent hazard to life shall be addressed immediately as referenced in Section 23-9-150 of the 1976 Code. For the purposes of this section and of Section 39-41-260, the term "service station" does not include any utility storage tank facilities which service utility operations, including vehicles, locomotives, or equipment.
HISTORY: 1990 Act No. 582, Section 2, eff June 12, 1990; 1994 Act No. 388, Section 1, eff May 10, 1994.
Effect of Amendment
The 1994 amendment added "of the 1976 Code" in two locations; in the first sentence deleted "shall" preceding "apply to all service stations", and added "the effective date of this act" preceding "(June 12, 1990)"; in the second sentence added "on the effective date of this act" and changed "effective date of this section" to "effective date of this act" in two locations; and added the last sentence, defining "service station".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-280. Enforcement of aboveground storage provisions.

The Division of State Fire Marshal or his designee shall enforce the provisions of Section 39-41-260 of Act 582 of 1990.
HISTORY: 1990 Act No. 582, Section 3, eff June 12, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-290. Dispensing gasoline to disabled persons at self service gas stations.

(A) An owner or operator shall conduct the operations of a motor vehicle fuel service station so that the holder of a placard or disabled person's license plate provided for in Section 56-3-1960 shall have, upon request, gasoline or other motor vehicle fuel dispensed by an employee of the station at the self-service pump and be allowed to purchase the gasoline or other fuel at the price otherwise charged for gasoline or other fuel purchased on a self-service basis if the holder of the placard or license plate is driving the motor vehicle into which the gasoline is to be dispensed.
(B) This section applies to an owner or operator of a station which sells gasoline or other fuel at one price when an employee of the station dispenses the gasoline or other fuel into a motor vehicle and at a lower price when the customer dispenses the gasoline or other fuel on a self-service basis.
(C) This section does not apply to any motor vehicle fuel station, convenience store, or other facility that offers gasoline or other fuel for sale to the public solely by means of remotely controlled pumps operated by a cashier and does not offer refueling service or to any such facility during those business hours when the facility does not offer refueling service to the public as a continuing business practice.
(D) An owner or operator who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or imprisoned for a period not to exceed thirty days.
HISTORY: 1991 Act No. 79, Section 1, eff 90 days after approval (approved May 27, 1991).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-295. Motor fuel dispensing at unattended service stations; automatic shutoff; fire extinguishers.

Notwithstanding Section 39-41-260, or any other provision of law, motor fuel, as defined in Section 12-28-110(39), may be dispensed at an unattended service station if the dispensing device has an automatic shut-off valve that is activated when the sale of the motor fuel reaches thirty gallons. In addition, the dispensing device shall be equipped with emergency controls pursuant to Chapter 22, Section 2204.3.3 of the International Fire Code. The service station shall be equipped with a 2A-20B-C fire extinguisher within seventy-five feet of the pump as required in Chapter 22, Section 2205.5 of the International Fire Code.
HISTORY: 2006 Act No. 370, Section 1, eff June 9, 2006.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-310. Lubricating oil, unauthorized provision.

It shall be unlawful for any person to fill with a spurious or substitute article an order for lubricating oil for internal combustion engines of automobiles, autotrucks or tractors, if such oil ordered is designated by a trademark or distinctive trade name unless and until it is explained to the person giving the order that the article offered is not the article that he ordered and the purchaser shall thereupon elect to take the substitute article that is being offered to him.
HISTORY: 1962 Code Section 66-441; 1952 Code Section 66-441; 1942 Code Section 1322; 1932 Code Section 1322; 1928 (35) 1219.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-320. Display of false trademark or trade name of lubricating oil.

It shall be unlawful for any person to display on any can, drum or other container in which lubricating oil for internal combustion engines of automobiles, autotrucks or tractors is kept for sale, or from which it is poured or drawn for sale, a trademark or trade name which is not the distinctive designation of the oil actually contained therein.
HISTORY: 1962 Code Section 66-442; 1952 Code Section 66-442; 1942 Code Section 1322; 1932 Code Section 1322; 1928 (35) 1219.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-330. Sale of oil specially designated from container not containing trademark or trade name.

It shall be unlawful for any person to fill any order from a consumer for a lubricating oil for internal combustion engines of automobiles, autotrucks or tractors that is designated by a trademark or distinctive trade name unless, at the time of sale, the oil is poured, drawn or taken for delivery from a can, drum or other container or bottle rack marked in such a manner as to be legible and clearly visible to the purchaser with the trademark or distinctive trade name by which the oil is designated.
HISTORY: 1962 Code Section 66-443; 1952 Code Section 66-443; 1942 Code Section 1322; 1932 Code Section 1322; 1928 (35) 1219.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-340. Sale of oil without trademark or trade name and which is not labeled as unbranded.

It shall be unlawful for any person to fill an order from a consumer for lubricating oil for internal combustion engines of automobiles, autotrucks or tractors with oil that is not designated by a trademark or distinctive trade name unless, at the time of sale, the oil is poured, drawn or taken for delivery from a can, drum or other container or bottle rack marked in such manner as to be legible and clearly visible to the purchaser with the words "Unbranded Lubricating Oil."
HISTORY: 1962 Code Section 66-444; 1952 Code Section 66-444; 1942 Code Section 1322; 1932 Code Section 1322; 1928 (35) 1219.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-350. Display of name of oil unless oil is for sale.

It shall be unlawful for any person to display any sign, label or other designating mark which describes any lubricating oil for internal combustion engines of automobiles, autotrucks or tractors not actually on sale in bona fide quantities at the place of business where such sign, label or other designated mark is displayed.
HISTORY: 1962 Code Section 66-445; 1952 Code Section 66-445; 1942 Code Section 1322; 1932 Code Section 1322; 1928 (35) 1219.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-360. Penalties.

Any person violating any of the provisions of this article shall, for each offense, be guilty of a misdemeanor and punishable, for the first offense, by a fine of not less than twenty dollars nor more than one hundred dollars or by imprisonment for not less than ten days nor more than thirty days, and for any subsequent offense, by a fine of not less than one hundred dollars nor more than three hundred dollars or by imprisonment for not less than thirty days nor more than ninety days.
HISTORY: 1962 Code Section 66-447; 1952 Code Section 66-447; 1942 Code Section 1322; 1932 Code Section 1322; 1928 (35) 1219.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-510. Deception in storage or sale.

No person shall store or sell, offer or expose for sale any liquid fuels, lubricating oils, greases or other similar products in any manner whatsoever which may deceive, tend to deceive or have the effect of deceiving the purchaser of such products as to the nature, quality or quantity of the products so sold, exposed or offered for sale.
HISTORY: 1962 Code Section 66-461; 1952 Code Section 66-461; 1942 Code Section 1322; 1933 (38) 443.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-520. Use of distributing devices of one manufacturer for products of another.

No person shall keep, expose, offer for sale or sell any liquid fuels, lubricating oils, greases or other similar products from any container, tank, pump or other distributing device other than those manufactured or distributed by the manufacturer or distributor indicated by the name, trademark, symbol, sign or other distinguishing mark or device appearing upon such tank, container, pump or other distributing device in which such products are sold, offered for sale or distributed.
HISTORY: 1962 Code Section 66-462; 1952 Code Section 66-462; 1942 Code Section 1323; 1933 (38) 443.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-530. Imitation of recognized buildings or equipment of another.

No person shall disguise or camouflage his buildings or equipment by imitating the design, symbol or trade name of equipment under which recognized brands of liquid fuels, lubricating oils and similar products are generally marketed.
HISTORY: 1962 Code Section 66-463; 1952 Code Section 66-463; 1942 Code Section 1323; 1933 (38) 443.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-540. Sale under false trademark or trade name.

No person shall expose or offer for sale or sell under any trademark, trade name, name or other distinguishing mark any liquid fuels, lubricating oils, greases or other similar products other than those manufactured or distributed by the manufacturer or distributor marketing such products under such trade name, trademark, name or other distinguishing mark.
HISTORY: 1962 Code Section 66-464; 1952 Code Section 66-464; 1942 Code Section 1323; 1933 (38) 443.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-550. Mixing, blending, or compounding products.

No person shall mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of a manufacturer or distributor with the products of any other manufacturer or distributor or adulterate them and expose or offer for sale or sell such mixed, blended or compounded products under the trade name, trademark, name or other distinguishing mark of either of such manufacturers or distributors or as the adulterated products of either such manufacturer or distributor. But nothing herein shall prevent the lawful owner thereof from applying its own trademark, trade name or symbol to any such product or material.
HISTORY: 1962 Code Section 66-465; 1952 Code Section 66-465; 1942 Code Section 1323; 1933 (38) 443.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-560. Aiding or assisting in violations of article.

No person shall aid or assist any other person in violating any of the provisions of this article by depositing or delivering into any tank, pump, receptacle or other container any liquid fuels, lubricating oils, greases or other like products other than those intended to be stored therein, as indicated by the name of the manufacturer or distributor or the trademark, trade name, name or other distinguishing mark of the product displayed in the container itself, or on the pump or other distributing device used in connection therewith or shall by any other means aid or assist another in the violation of any of the provisions of this article.
HISTORY: 1962 Code Section 66-466; 1952 Code Section 66-466; 1942 Code Section 1323; 1933 (38) 443.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 41 - Gasoline, Lubricating Oils And Other Petroleum Products › Section 39-41-570. Penalties.

Every person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars and by imprisonment not to exceed twelve months or by either or both in the discretion of the trial judge.
HISTORY: 1962 Code Section 66-467; 1952 Code Section 66-467; 1942 Code Section 1323; 1933 (38) 443.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-10. "Rental battery" defined.

As used in this chapter the words "rental battery" shall mean an electric storage battery loaned, rented or furnished for temporary use by any person engaged in the business of buying, selling, repairing or recharging electric storage batteries.
HISTORY: 1962 Code Section 66-501; 1952 Code Section 66-501; 1942 Code Section 1159; 1932 Code Section 1159; 1926 (34) 979; 1933 (38) 256; 1939 (41) 452.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-20. Identifying batteries as "rental".

Any such person may mark any such battery belonging to him with the word "rental" or any other word of similar meaning, printed or stamped upon or attached to such battery, together with such words as shall identify such battery as the property of the person so marking it. It shall be unlawful for any person to so mark any such battery which is not the property of such person.
HISTORY: 1962 Code Section 66-502; 1952 Code Section 66-502; 1942 Code Section 1159; 1932 Code Section 1159; 1926 (34) 979; 1933 (38) 256; 1939 (41) 452.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-30. Alteration of "rental" indicator is unlawful.

It is unlawful for any person to remove, deface, alter or destroy the word "rental" on any rental battery or any other word, mark or character printed, painted or stamped upon or attached to any rental battery to identify it as belonging to or being the property of any person.
HISTORY: 1962 Code Section 66-503; 1952 Code Section 66-503; 1942 Code Section 1159; 1932 Code Section 1159; 1926 (34) 979; 1933 (38) 256; 1939 (41) 452.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-40. Unauthorized sale, delivery, or rental of marked battery.

It is unlawful for any person other than the owner thereof to sell, dispose of, deliver, rent or give to any other person any rental battery marked by the owner thereof as provided by Section 39-49-20.
HISTORY: 1962 Code Section 66-504; 1952 Code Section 66-504; 1942 Code Section 1159; 1932 Code Section 1159; 1926 (34) 979; 1933 (38) 256; 1939 (41) 452.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-50. Unlawful recharge or repair of marked battery of another.

It is unlawful for any person engaged in the business of buying, selling, repairing or recharging electric storage batteries to recharge or repair any rental battery not owned by such person and marked by the owner thereof as provided by Section 39-49-20.
HISTORY: 1962 Code Section 66-505; 1952 Code Section 66-505; 1942 Code Section 1159; 1932 Code Section 1159; 1926 (34) 979; 1933 (38) 256; 1939 (41) 452.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-60. Unauthorized retention of marked battery of another; demand for possession.

It is unlawful for any person to retain in his possession for a longer period than ten days, without the written consent of the owner, any rental battery marked as such by the owner, as provided by Section 39-49-20. Demand must be made on any person who so retains a rental battery in his possession at least five days before a prosecution can be instituted. Proof of a registered letter having been sent to the person so offending at his last known address shall be accepted as conclusive evidence of such demand.
HISTORY: 1962 Code Section 66-506; 1952 Code Section 66-506; 1942 Code Section 1159; 1932 Code Section 1159; 1926 (34) 979; 1933 (38) 256; 1939 (41) 452.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-70. Sale of rebuilt electric storage batteries not marked as "Rebuilt".

Whoever assembles or rebuilds an electric storage battery for use on automobiles, in whole or in part, out of secondhand or used material such as containers, separators, plates, groups or other battery parts and sells it or offers it for sale in the State without the word "Rebuilt" moulded into the side of the container in letters which are at least one inch high and five eighths of an inch wide shall be guilty of a misdemeanor.
HISTORY: 1962 Code Section 66-507; 1952 Code Section 66-507; 1942 Code Section 1159-1; 1933 (38) 482.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 49 - Electric Storage Batteries › Section 39-49-80. Penalties.

Any person, including any officer, agent, employee or member of any firm or corporation violating any of the provisions of Sections 39-49-10 to 39-49-60 shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars or be imprisoned for a term not exceeding thirty days, at the discretion of the court.
HISTORY: 1962 Code Section 66-508; 1952 Code Section 66-508; 1942 Code Section 1159; 1932 Code Section 1159; 1926 (34) 979; 1933 (38) 256; 1939 (41) 452.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-20. Definitions.

As used in this chapter.
(a)(1) "Antifreeze" means any substance or preparation sold, distributed or intended for use as the cooling liquid, or to be added to the cooling liquid, in the cooling system of internal combustion engines of motor vehicles to prevent freezing of the cooling liquid or to lower its freezing point.
(2) "Antifreeze-coolant" or "antifreeze and summer coolant" or "summer coolant" means any substance as defined in (a) (1) above which also is sold, distributed or intended for raising the boiling point of water or for the prevention of engine overheating whether or not used as a year-round cooling system fluid. Unless otherwise stated, the term "antifreeze" includes "antifreeze", "antifreeze-coolant", "antifreeze and summer coolant", and "summer coolant".
(b) "Person" means any individual, partnership, association, firm, or corporation.
(c) "Distribute" means to hold with intent to sell, offer for sale, to sell, barter or otherwise supply to the consumer.
(d) "Package" means (1) a sealed retail package, drum or other container designed for the sale of antifreeze directly to the consumer or (2) a container from which the antifreeze may be installed directly by the seller into the cooling system, but does not include shipping containers containing properly labeled inner containers.
(e) "Label" means any display of written, printed, or graphic matter on, or attached to, a package, or to the outside individual container or wrapper of the package.
(f) "Labeling means (1) the labels and (2) any other written, printed or graphic matter accompanying a package.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-40. Application for registration for anti-freeze; issuance of or refusal to issue certificate of registration.

On or before the first day of January of each year, and before any antifreeze may be distributed, the manufacturer, packager, or person whose name appears on the label shall make application to the Commissioner on forms provided by him for registration for each brand of antifreeze which he desires to distribute. The application shall be accompanied by specimens or facsimiles of its labeling, an inspection fee of fifty dollars for each product, and a properly labeled sample of the antifreeze. The Commissioner may inspect, test, or analyze the antifreeze and review the labeling. If the antifreeze is not adulterated or misbranded the Commissioner shall issue a certificate of registration, authorizing the distribution of such antifreeze in this State for the permit year. If the antifreeze is adulterated or misbranded, the Commission shall refuse to register the antifreeze, and he shall return the application to the applicant, stating how the antifreeze or labeling is not in conformity. All inspection fees received by the Commissioner shall be remitted to the general funds of the State.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-50. Anti-freeze deemed adulterated.

Antifreeze shall be deemed to be adulterated:
(a) If, in the form in which it is sold and directed to be used, it would be injurious to the cooling system in which it is installed, or if, when used in such cooling system, it would make the operation of the engine dangerous to the user.
(b) If its strength, quality, or purity falls below the standard of strength, quality, or purity under which it is sold or offered for sale.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-60. Anti-freeze deemed misbranded.

Antifreeze shall be deemed to be misbranded:
(a) If it does not bear a label which, (1) specifies the identity of the product, (2) states the name and place of business of the registrant, (3) states the net quantity of contents, in terms of liquid measure, separately and accurately in a uniform location upon the principal display panel, and (4) contains a statement warning of any hazard of substantial injury to human beings which may result from the intended use or reasonably foreseeable misuse of the antifreeze.
(b) If the product is to be diluted with another substance for use and the label on a container of less than five gallons, or the labeling for a container of five gallons or more, does not contain a statement or chart showing the appropriate amount, percentage, proportion or concentration of the antifreeze to be used to provide (1) claimed protection from freezing at a specified degree of temperature, (2) claimed protection from corrosion, or (3) claimed increase of boiling point or protection from overheating.
(c) If its labeling contains any claim that it has been approved or recommended by the Commissioner.
(d) If its labeling is false, deceptive, or misleading.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-70. Promulgation of rules and regulations; cooperation with state agencies and with other states.

(a) The Commissioner, after due notice to interested persons, is authorized to promulgate such rules, regulations, and standards of antifreeze strength and nomenclature as may be necessary to administer this chapter. Notice of the proposed regulation shall give interested parties adequate notice and opportunity to be heard.
(b) The Commissioner is directed, consistent with the purposes of this chapter, to so enforce this chapter so as to achieve as much uniformity as possible with the requirements of the several states and to cooperate with and enter into agreements with any other agency of this State, or any other state regulating antifreeze.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-80. Inspection; analysis of antifreeze.

The Commissioner, or his authorized agent, shall have the right to have access at reasonable hours to all places and property where antifreeze is stored, or distributed, or offered, or intended to be offered for sale, including the right to inspect and examine all antifreeze there found, and to take reasonable samples of such antifreeze for analysis together with specimens of labeling. All samples so taken shall be properly sealed and sent to the laboratory of the State Department of Agriculture for examination together with all labeling appertaining thereto. It shall be the duty of the Commissioner to examine promptly all samples received and report the results of such examination to the owner and registrant of the antifreeze.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-90. Unlawful acts.

It shall be unlawful to:
(a) Distribute any antifreeze which has not been registered in accordance with Section 39-51-40 or whose labeling is different from that accepted for registration; provided, that registration is not required for the orderly disposal within a reasonable period of stocks of discontinued brands of antifreeze not adulterated or otherwise misbranded which were properly registered in the immediately preceding registration period.
(b) Distribute any antifreeze which is adulterated or misbranded.
(c) Refuse to permit entry or inspection or to permit the acquisition of a sample of the antifreeze as authorized by Section 39-51-80.
(d) Dispose of any antifreeze that is under "withdrawal from distribution" order in accordance with Section 39-51-100.
(e) Distribute any antifreeze unless it is in the registrant's or manufacturer's unbroken package or is installed by the seller in the cooling system of the purchaser's vehicle directly from the registrant's or manufacturer's package and the label on such package if less than five gallons, or the labeling of such package if five gallons or more, does not bear the information required by Section 39-51-60 (a), (b), (c) and (d); provided, that the Commissioner may by regulation establish labeling and other reasonable requirements for the sale of a properly registered antifreeze from a bulk container into a container supplied by or for the purchaser.
(f) Use the term "ethylene glycol" in connection with the name of a product which contains other glycols unless it is qualified by the word "base", "type", or some such word, and unless the product meets the following requirements:
(1) Contains a minimum ethylene glycol content of seventy-five percent by regulation weight.
(2) Contains a minimum total glycol content of ninety-three percent by weight.
(3) Specific gravity is corrected to give reliable freezing point readings on a commercial ethylene glycol type hydrometer.
(4) The freezing points of mixtures containing equal volumes of the antifreeze and water shall not be above -32°F.
(g) Refill any container bearing a registered label other than a customer's container, without first obtaining permission from the registrant.
(h) Refuse, when requested, to permit a purchaser to see the container from which antifreeze is drawn for installation into the purchaser's vehicle.
HISTORY: 1975 (59) 567.