reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 45 - Nuisance Suits Related To Agricultural Operations › Section 46-45-10. Legislative findings.

The General Assembly finds that:
(1) The policy of the State is to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products.
(2) When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits and as a result (a) agricultural facilities are sometimes forced to cease operations, and (b) many persons are discouraged from making investments in farm improvements or adopting new technology or methods.
(3) This chapter is enacted to reduce the loss to the State of its agricultural resources by limiting the circumstances under which agricultural facilities and operations may be considered a nuisance.
(4) The purpose of this chapter is to lessen the loss of farmland caused by common law nuisance actions which arise when nonagricultural land uses expand into agricultural areas. This purpose is justified by the stated social desire of preserving and encouraging agricultural production.
(5) With the exception of new swine operations and new slaughterhouse operations, in the interest of homeland security and in order to secure the availability, quality, and safety of food produced in South Carolina, it is the intent of the General Assembly that state law and the regulations of the Department of Health and Environmental Control pre-empt the entire field of and constitute a complete and integrated regulatory plan for agricultural facilities and agricultural operations as defined in Section 46-45-20, thereby precluding a county from passing an ordinance that is not identical to the state provisions.
HISTORY: 1980 Act No. 452; 1990 Act No. 442, Section 1, eff April 24, 1990; 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 45 - Nuisance Suits Related To Agricultural Operations › Section 46-45-20. Definitions.

(A) For purposes of this chapter, "agricultural facility" includes, but is not limited to, any land, building, structure, pond, impoundment appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, trees, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture.
(B) For purposes of this chapter "agricultural operation" means:
(1) the plowing, tilling, or preparation of soil at the agricultural facility;
(2) the planting, growing, fertilizing, or harvesting of crops, ornamental horticulture, floriculture, and turf grasses;
(3) the application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry;
(4) the breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, aquatic animals, equines, chickens, turkeys, poultry, or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes;
(5) the production and keeping of the honeybees, the production of honeybee products, and honeybee processing facilities;
(6) the production, processing, or packaging of eggs or egg products;
(7) the manufacturing of feed for poultry or livestock;
(8) the rotation of crops;
(9) commercial aquaculture;
(10) the application of existing, changed, or new technology, practices, processes, or procedures to an agricultural operation;
(11) the operation of a roadside market; and
(12) silviculture.
(C) For purposes of this chapter "new swine operations" means: porcine production operations not in existence on June 30, 2006.
(D) For purposes of this chapter, "new slaughterhouse operations" means agricultural operations that:
(1) are established after this chapter's effective date; and
(2) slaughter or process more than two hundred million pounds of livestock, hogs, aquatic animals, equine, chickens, turkeys, poultry, or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes.
(3) a new slaughterhouse operation does not include a slaughterhouse located within the corporate limits of a city that relocates within that same county.
HISTORY: 1980 Act No. 452; 1990 Act No. 442, Section 1, eff April 24, 1990; 1992 Act No. 473, Section 1, eff June 18, 1992; 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 45 - Nuisance Suits Related To Agricultural Operations › Section 46-45-40. Established date of operation.

For the purposes of this chapter, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are expanded subsequently or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation of a previously established date of operation.
HISTORY: 1990 Act No. 442, Section 1, eff April 24, 1990; 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 45 - Nuisance Suits Related To Agricultural Operations › Section 46-45-50. Liability for pollution and flooding.

The provisions of Section 46-45-70 do not affect or defeat the right of a person to recover damages for any injuries or damages sustained by him because of pollution of, or change in condition of, the waters of a stream or because of an overflow on his lands.
HISTORY: 1980 Act No. 452; 1976 Code Section 46-45-40; 1990 Act No. 442, Section 1, eff April 24, 1990; 2002 Act No. 340, Section 11, eff June 30, 2002; 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 45 - Nuisance Suits Related To Agricultural Operations › Section 46-45-60. Local ordinances to contrary null and void.

(A) Notwithstanding any local law or ordinance, an agricultural operation or facility is considered to be in compliance with the local law or ordinance if the operation or facility would otherwise comply with state law or regulations governing the facility or operation. With the exception of new swine operations and new slaughterhouse operations, to the extent an ordinance of a unit of local government:
(1) attempts to regulate the licensing or operation of an agricultural facility in any manner that is not identical to the laws of this State and regulations of the Department of Health and Environmental Control and amendments thereto;
(2) makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter; or
(3) is not identical to state law and regulations governing agricultural operations or agricultural facilities, is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply to an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city.
(B) The provisions of this section shall not preclude any right a county may have to determine whether an agricultural use is a permitted use under the county's land use and zoning authority; provided, if an agricultural facility or an agricultural operation is a permitted use, or is approved as a use pursuant to any county conditional use, special exception or similar county procedure, county development standards, or other ordinances that are not identical with the laws of this State or the regulations of the Department of Health and Environmental Control are null and void to the extent they (a) apply to agricultural operations or facilities otherwise permitted by this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control, and (b) are not identical to this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control.
HISTORY: 1980 Act No. 452; 1976 Code Section 46-45-50; 1990 Act No. 442, Section 1, eff April 24, 1990; 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 45 - Nuisance Suits Related To Agricultural Operations › Section 46-45-70. Established agricultural facility as nuisance; changed conditions in surrounding locality.

No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
HISTORY: 2002 Act No. 340, Section 6, eff June 30, 2002; 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 45 - Nuisance Suits Related To Agricultural Operations › Section 46-45-80. Setback distances; waiver.

Any setback distances given in R. 61-43, Standards for Permitting of Agricultural Animal Facilities, are minimum siting requirements as established by the Department of Health and Environmental Control. As long as the established setbacks are achieved, the department may not require additional setback distances. Such distances from property lines or residences may be waived or reduced by written consent of the adjoining property owners. All animal facilities affected by these setback provisions must have an evergreen buffer between the facility and the affected residence as established by DHEC unless otherwise agreed to in writing by the adjoining landowners.
HISTORY: 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006); 2018 Act No. 139 (H.3929), Section 3, eff March 12, 2018.
Editor's Note
2018 Act No. 139, Section 4, provides as follows:
"SECTION 4. Nothing in this act shall be construed as affecting or applying to confined swine feeding operations."
Effect of Amendment
2018 Act No. 139, Section 3, in the second sentence, inserted "As long as the established setbacks are achieved," and substituted "the department may not require additional setback distances" for "The department may require additional setback distances on a case-by-case basis considering the factors set forth in the regulation"; in the third sentence, inserted "from property lines or residences" and deleted ", or otherwise without consent of the adjoining property owners, when there are innovative and alternative technologies approved by the department pursuant to the Innovative and Alternative Technologies Section of R. 61-43" following "adjoining property owners"; and in the fourth sentence, substituted "All animal facilities" for "All agricultural animal facilities" and "must have an evergreen buffer" for "must have a vegetative buffer".
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 49 - Supervision And Regulation Of Milk And Milk Products › Section 46-49-10. Definitions.

As used in this chapter, unless otherwise stated or the context of the subject matter clearly indicates otherwise:
(1) "Person" means an individual, partnership, corporation, association, or other business entity.
(2) "Distributor" means one or more of the persons listed in this item wherever located or operating, within or without South Carolina, doing business and engaged in receiving, producing, processing, manufacturing, subdistributing, distributing, marketing, or handling one or more of the products covered by this chapter and offering the products for sale in this State. Distributor means a person, whether or not a producer, except a distributor who sells less than one hundred gallons of fluid milk products a day produced on his own farm, who:
(a) receives, processes, manufactures, and packages products covered by this article for human consumption;
(b) offers for sale products covered by this chapter at wholesale or retail;
(c) operates a store or other establishment from which products covered by this chapter are offered for sale at retail.
(3) "Producer" means a person, whether or not the person also is a distributor or member or a producer association who produces milk for sale as fluid milk in the State.
(4) "Independent producer" means a producer who is not a member of a producer association or association of producers.
(5) "Market" means a county or group of counties within this State, including the State as a whole.
(6) "Producer association or association of producers" means a cooperative association of producers incorporated and existing under the cooperative laws of South Carolina or an association incorporated and existing under similar laws of another state, which is authorized to do business in South Carolina and which the board determines to have full authority for the sales of milk and dairy products of its members.
(7) "Store" means an establishment which purchases or otherwise acquires in processed and packaged form one or more of the products covered by this chapter for use or resale for human consumption.
(8) "Licensee" means a person required to obtain a license by this chapter and who is a de facto licensee under this chapter.
(9) "Milk" means the clean lacteal secretion obtained by the complete milking of one or more healthy cows, including milk cooled, pasteurized, standardized, or otherwise processed with a view of selling it as fluid milk, cream, skimmed milk, cultured milk, or as another fluid milk product.
(10) "Doing business" means the engaging in or the transaction of activity in this State for financial profit or gain.
(11) "Department" means the South Carolina Department of Agriculture.
HISTORY: 1986 Act No. 540, Part II, Section 32A; 1992 Act No. 407, Section 1, eff June 1, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 49 - Supervision And Regulation Of Milk And Milk Products › Section 46-49-20. Products covered by chapter.

The products covered by this chapter are all Grade A milk and milk products defined pursuant to Section 44-1-140. The products include Grade A raw milk for pasteurization, reconstituted milk derived by recombining dry milk solids, evaporated or condensed milk with water, which is processed for sale as a fluid milk product, and all Grade A milk products from whatever source derived which include, but are not limited to, pasteurized, homogenized, flavored and cultured milk, skim milk, lowfat milk, creamy buttermilk, and cultured milk products.
HISTORY: 1986 Act No. 540, Part II, Section 32A.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 49 - Supervision And Regulation Of Milk And Milk Products › Section 46-49-40. Authority of Department of Agriculture to hold hearings to investigate matters affecting dairy industry; additional powers.

The department may hold hearings to investigate any matters affecting the state dairy industry.
The department has the authority under this section to issue subpoenas, take depositions of witnesses, and grant immunity from prosecution for violation of terms under the statutes for giving testimony or furnishing records in the course of an investigation.
The department may apply to any court of competent jurisdiction for orders requiring compliance by persons failing or refusing to comply with the provisions of this chapter.
HISTORY: 1986 Act No. 540, Part II, Section 32A.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 49 - Supervision And Regulation Of Milk And Milk Products › Section 46-49-60. Issuance of licenses by Department of Agriculture; suspension or revocation of licenses; monetary penalties.

A distributor shall not engage, either directly or indirectly, in doing business in any market until he has applied for and obtained a license from the department. A store is not required to make application for a license but is considered to be a de facto licensee as required in this chapter. The department may classify licensees and may issue licenses to distributors to produce, receive, process, manufacture, or sell any of the products covered by this chapter in any particular market.
The department may decline to grant a license or may suspend or revoke a license already granted upon due notice and after a hearing before the department whenever the applicant or licensee has violated regulations issued by the Department of Health and Environmental Control, or any provisions of this chapter.
The department may, in lieu of license suspensions, invoke a penalty of not less than fifty dollars nor more than five thousand dollars. All receipts from the penalties must be paid by the department to the State Treasurer.
HISTORY: 1986 Act No. 540, Part II, Section 32A.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 49 - Supervision And Regulation Of Milk And Milk Products › Section 46-49-70. Violations and penalties.

Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not more than thirty days, and each day during which the violation continues is considered a separate violation.
HISTORY: 1986 Act No. 540, Part II, Section 32A; 2017 Act No. 31 (S.570), Section 7, eff May 10, 2017.
Effect of Amendment
2017 Act No. 31, Section 7, deleted "or any regulations or orders promulgated pursuant to this chapter or any license issued by the department" following "of this chapter", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 49 - Supervision And Regulation Of Milk And Milk Products › Section 46-49-80. Liability of all persons participating in violation or using misrepresentation, threat, intimidation, or boycott to effectuate commission of violation.

Solicitation by or collusion or joint participation between or among any producer, association of producers, manufacturer, distributor or store, or any representative, to violate any of the provisions of this chapter and regulations or orders issued pursuant to this chapter, or the use of any misrepresentation, threat, intimidation, or boycott to effectuate the commission of the violations makes all persons participating subject to the same penalties as for actual violations.
HISTORY: 1986 Act No. 540, Part II, Section 32A.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 46-50-20. Execution and ratification of compact; exchange of documents with other ratifying states.

(A) The Governor on behalf of this State may execute a compact, in substantially the form set out in Section 46-50-30, with any two or more of the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, Tennessee, Texas, Virginia, and West Virginia, and the legislature hereby signifies in advance its approval and ratification of the compact when the compact has been enacted into law by any three of the compact states, including South Carolina, and the consent of Congress to the interstate compact has been obtained.
(B) When the Governor has executed the compact on behalf of this State, and caused a verified copy to be filed with the Secretary of State, and when the compact has been ratified by three or more of the states named in Article VIII, Section 20 of the compact, including South Carolina, the compact shall become operative and effective as between this State and the states that have ratified the compact. The Governor shall take such action as may be necessary to complete the exchange of official documents between this State and any other state ratifying the compact, and to otherwise carry out the provisions of this chapter.
(C) Upon the compact becoming operative and effective between this State and other states ratifying the compact, it is hereby declared to be the policy of this State to perform and carry out the compact and to accomplish the purposes thereof.
HISTORY: 1998 Act No. 420, Section 1, eff June 8, 1998.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 2. Definitions.

For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:
(1) "Class I milk" means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subdivision (b) of section three.
(2) "Commission" means the Southern Dairy Compact Commission established by this compact.
(3) "Commission marketing order" means regulations adopted by the commission pursuant to sections nine and ten of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk.
(4) "Compact" means this interstate compact.
(5) "Compact over-order price" means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to sections nine and ten of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission.
(6) "Milk" means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes.
(7) "Partially regulated plant" means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.
(8) "Participating state" means a state which has become a party to this compact by the enactment of concurring legislation.
(9) "Pool plant" means any milk plant located in a regulated area.
(10) "Region" means the territorial limits of the states which are parties to this compact.
(11) "Regulated area" means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.
(12) "State dairy regulation" means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order, or otherwise.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 3. Rules of construction.

(a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact.
(b) This compact shall be construed liberally in order to achieve the purposes and intent enunciated in section one. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.
ARTICLE III. COMMISSION ESTABLISHED
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 4. Commission established.

There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three nor more than five persons. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four years and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 5. Voting requirements.

All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the commission's bylaws shall be by majority vote of the delegations present. Each state delegation shall be entitled to one vote in the conduct of the commission's affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission's business.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 6. Administration and management.

(a) The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and, together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its by-laws an executive committee composed of one member elected by each delegation.
(b) The commission shall adopt by-laws for the conduct of its business by a two-thirds vote, and shall have the power by the same vote to amend and rescind these by-laws. The commission shall publish its by-laws in convenient form with the appropriate agency or officer in each of the participating states. The by-laws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.
(c) The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.
(d) In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power:
(1) to sue and be sued in any state or federal court;
(2) to have a seal and alter the same at pleasure;
(3) to acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;
(4) to borrow money and to issue notes, to provide for the rights of the holders thereof and to pledge the revenue of the commission as security therefore, subject to the provisions of section eighteen of this compact;
(5) to appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and
(6) to create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 7. Rulemaking power.

In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.
ARTICLE IV. POWERS OF THE COMMISSION
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation.

The commission is hereby empowered to:
(1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.
(2) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs.
(3) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposia or conferences designed to improve industry relations or a better understanding of problems.
(4) Prepare and release periodic reports on activities and results of the commission's efforts to the participating states.
(5) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk.
(6) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling, and for all other services performed with respect to milk.
(7) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 11. Rulemaking procedure.

Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection 9(f), or amendment thereof, as provided in Article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by Section four of the Federal Administrative Procedure Act, as amended (5 U.S.C. Section 553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 12. Findings and referendum.

(a) In addition to the concise general statement of basis and purpose required by Section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. Section 553 (c)), the commission shall make findings of fact with respect to:
(1) whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV;
(2) what level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes;
(3) whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order;
(4) whether the terms of the proposed regional order or amendment are approved by producers as provided in section thirteen.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 14. Termination of over-order price or marketing order.

(a) The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.
(b) The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk, the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.
(c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing but shall comply with the requirements for informal rulemaking prescribed by Section four of the Federal Administrative Procedure Act, as amended (5 U.S.C. Section 553).
ARTICLE VI. ENFORCEMENT
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 15. Records, reports, access to premises.

(a) The commission may by rule and regulation prescribe recordkeeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.
(b) Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.
(c) No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than one thousand dollars or to imprisonment for not more than one year, or both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or the United States Attorney.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 16. Subpoena, hearings, and judicial review.

(a) The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.
(b) Any handler subject to an order may file a written petition with the commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.
(c) The district courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to section seventeen. Any proceedings brought pursuant to section seventeen, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 17. Enforcement with respect to handlers.

(a) Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall:
(1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.
(2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.
(b) With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by:
(1) Commencing an action for legal or equitable relief brought in the name of the commission in any state or federal court of competent jurisdiction; or
(2) Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state.
(c) With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.
ARTICLE VII. FINANCE
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 18. Finance of start-up and regular costs.

(a) To provide for its start-up costs, the commission may borrow money pursuant to its general power under section six, subdivision (d), paragraph four. In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the commission convenes, in an amount not to exceed $.015 per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission's ongoing operating expenses.
(b) The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility and no participating state or the United States shall be liable therefor.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 19. Audit and accounts.

(a) The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
(b) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission.
(c) Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.
ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 20. Entry into force; additional members.

The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia and when the consent of Congress has been obtained.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 21. Withdrawal from compact.

Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 22. Severability.

If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three or more compacting states. A compacting state may accept the conditions of Congress by implementation of this compact.
HISTORY: 1998 Act No. 420, Section 1, eff June 8, 1998.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 46-50-40. Compact to be administered by Commissioner of Agriculture; appointment of delegates.

The State Commissioner of Agriculture shall act as compact administrator for the State of South Carolina, and shall also be a member and serve as chairman of the state's delegation to the Southern Interstate Dairy Compact Commission. With the advice and consent of the Senate, the Governor shall appoint four additional delegates to represent the State on the Southern Dairy Compact Commission provided for in Article III of the compact. The four additional delegates must include two dairy producers actually engaged in the production of milk at the time of their appointment or reappointment, one milk processor actually engaged in the processing of milk in this State into milk products for public consumption at the time of his appointment or reappointment, and one consumer representative from the public at large. Each delegate appointed by the Governor shall serve for a term of four years and shall diligently and conscientiously strive to achieve the purposes of the Southern Dairy Compact. Vacancies in the state's delegation shall be filled in the same manner as the original appointments for the unexpired term. Delegates whose expenses are not paid or reimbursed by the Southern Interstate Dairy Compact Commission may submit claims for travel and per diem to the Department of Agriculture. Upon approval of the claims by the Compact Administrator, or his designee, delegates shall receive per diem not to exceed thirty-five dollars for each day of service plus reimbursement at the prevailing state rate for travel expenses incurred in the performance of their duties as delegates. The Commissioner of Agriculture may provide funding and facilities as necessary to support and enable the delegation to perform its mission under the compact from funds appropriated to the Department of Agriculture.
HISTORY: 1998 Act No. 420, Section 1, eff June 8, 1998.