reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-70. Right to intervene in action.

(A) Upon timely application anyone shall be permitted to intervene in an action when the applicant claims an interest relating to the allegations of the complaint and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
(B) Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common. In exercising its discretion, the panel shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
(C) A person desiring to intervene shall timely serve a motion to intervene upon the panel. The motion shall state the ground therefor and shall be accompanied by a statement setting forth the claim or defense for which intervention is sought.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-75. Final decision of panel; appeals.

The final decision or order of the panel must be in writing and must include the findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The panel must list licenses or permits to be revoked in its order. No finding or conclusion may be included in the order of the panel unless it is supported by substantial evidence in the record before the panel.
The commission shall send copies of the final order of determination to each party named in the complaint, all attorneys of record, and other interested parties within fifteen days of the conclusion of the hearing.
Notwithstanding another provision of law, the determination by the panel is not subject to appeal to the full commission and is the final administrative action. Appeal must be to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and then judicial review as provided in Sections 1-23-380 and 1-23-390.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990; 2006 Act No. 387, Section 22, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-80. Attorney General to notify permitting, regulatory, or licensing authority of violations; immediate revocation of license or permit; enforcement of panel's decision; violators not to obtain license or permit for three years.

Notwithstanding any other provision of law or ordinance to the contrary, if the panel determines that the provisions of Article 1 have been violated by a pattern or practice of discrimination or segregation by the owner of an establishment, an employee of an establishment, or an agent of an establishment of public accommodations as defined in Section 45-9-10, the Attorney General must immediately notify the appropriate state or local permitting, regulatory, or licensing authority that those licenses or permits so designated in the panel's order must be revoked immediately, notwithstanding the provisions of Section 1-23-380(C), upon expiration of the time allowed for an appeal if no appeal has been filed. After appeals, if the panel's order is not reversed, the license or permit must be revoked as provided in this article.
If necessary, a writ of mandamus may be sought by the Attorney General or any individual to effectuate the provisions of this section. Nothing in this section shall be construed as requiring the issuance of a writ of mandamus, and no civil action shall lie against any regulatory or licensing official acting pursuant to an order of the panel.
No owner of an establishment, employee of an establishment, or agent of an establishment who is found to have violated the provisions of Article 1 by a pattern or practice of discrimination or segregation may obtain a license or permit from the same regulatory or licensing entity or seek the reissuance of a revoked license or permit within three years from the date of the panel's order or a final determination of a court of competent jurisdiction, whichever is later.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-85. Penalty for violating confidentiality provisions.

Any person violating the confidentiality provision of Section 45-9-60 is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or imprisoned for not more than one year, or both, in the discretion of the court. If the person convicted is an officer or employee of the State, he shall be dismissed from office or employment and shall be ineligible to hold any public office or public employment in this State for a period of three years after such conviction.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-90. Penalty for violating provisions of Article 1.

A person violating the provisions of Article 1 is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not less than six months nor more than three years, or both, in the discretion of the court. Each violation is considered a separate offense.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-100. Action for damages by aggrieved party; minimum damages for violation.

Subject to the limitations in Section 45-9-110, a party aggrieved as a result of a person or group of persons violating the provisions of Article 1 may institute an action in his own name in the circuit court to recover damages for violations of Article 1. A single act of discrimination or segregation may constitute proof of a violation of Article 1 without the necessity of proving a pattern or practice of discrimination or segregation. Upon a finding that a person has violated the provisions of Article 1, the amount of damages that an aggrieved party has sustained is declared to be a minimum of five thousand dollars. In addition, the court, upon a finding that a person violated the provisions of Article 1, shall award the aggrieved party reasonable attorney's fees, as determined by the court, and costs.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-110. Prerequisites to action for damages; conciliation.

An aggrieved party must file a charge alleging unlawful discrimination or segregation under Article 1 with the State Human Affairs Commission and seek conciliation of any civil action under Section 45-9-100 prior to bringing such action in the circuit court. The commission has sixty days to investigate the charge, attempt conciliation, and negotiate a settlement. The commission may establish regulations governing the conciliation of a charge filed pursuant to this section, but the failure to promulgate regulations shall not relieve a party from the requirements of this section. No civil action may be commenced by an aggrieved party until sixty days after the filing of the charge with the commission or until the commission issues a letter stating that the conciliation process has concluded, whichever occurs first. After the sixty-day period has expired, the person filing the charge is deemed to have exhausted his administrative remedy notwithstanding whether the commission has concluded its attempts at conciliation.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations › Section 45-9-120. Prerequisites to action for damages not to limit right to pursue license revocation or criminal penalties.

The limitations on the right to pursue a civil action in Section 45-9-110 shall not be construed to limit the right to pursue the license or permit revocation procedure provided in Article 3 or the criminal penalties provided in Section 45-9-90. The penalties and remedies provided in Article 5 may be pursued as independent actions and may not be construed as prohibiting or limiting the right to pursue the administrative remedy provided in Article 3.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-10. Definitions.

1. The terms "agriculture, agricultural purposes, agricultural uses, farm crops, cultivated crops" or words of similar import shall include horticulture, floriculture, and aquaculture. Words of similar import applicable to agriculture are likewise applicable to horticulture, floriculture, aquaculture.
2. The term "aquaculture" means the cultivation, production, or marketing of domesticated aquatic organisms.
3. The term "domesticated aquatic organism" means any fish, aquatic invertebrate, or aquatic plant that is spawned, produced, or marketed as a cultivated crop in the waters of this State.
HISTORY: 1962 Code Section 3-20.2; 1965(54) 104; 1966(54) 2145; 1986 Act No. 325, Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-20. Stealing crops from the field.

A person who steals from the field any grain, cotton, or vegetables, whether severed from the freehold or not, is guilty of a:
(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the crop is ten thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the crop is more than two thousand dollars but less than ten thousand dollars;
(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the crop is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days.
HISTORY: 1962 Code Section 3-41; 1952 Code Section 3-41; 1942 Code Section 1172; 1932 Code Section 1172; Cr. C. '22 Section 65; Cr. C. '12 Section 221; Cr. C. '02 Section 169; G. S. 2487; R. S. 164; 1826 (6) 284; 1866 (13) 405; 1879 (17) 77; 1885 (19) 140; 1903 (24) 111; 1993 Act No. 184, Section 122, eff January 1, 1994; 2010 Act No. 273, Section 16.C.C, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-30. Stealing melons or fruit.

Whoever shall steal from the premises of another any melons or fruit, whether severed from the freehold or not, shall be guilty of a misdemeanor and, on conviction thereof, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars.
HISTORY: 1962 Code Section 3-42; 1952 Code Section 3-42; 1942 Code Section 1169; 1932 Code Section 1169; Cr. C. '22 Section 62; Cr. C. '12 Section 218; Cr. C. '02 Section 166; R. S. 162; 1886 (19) 522.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-40. Stealing tobacco plants from beds.

A person who steals tobacco plants, whether severed from the freehold or not, from any tobacco plant beds is guilty of a:
(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the tobacco plants is ten thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the tobacco plants is more than two thousand dollars but less than ten thousand dollars;
(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the tobacco plants is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days.
HISTORY: 1962 Code Section 3-43; 1952 Code Section 3-43; 1942 Code Section 1169-1; 1938 (40) 1621; 1947 (45) 64; 1993 Act No. 184, Section 123, eff January 1, 1994; 2010 Act No. 273, Section 16.D.D, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-50. Injuring or burning turpentine farms.

It shall be unlawful for any person to set fire to any woods so near to any turpentine farm in this State as to injure or burn any such farm; and whoever shall wilfully and maliciously set fire to any woods at any time, whereby any such farm is injured or burned, shall be adjudged guilty of a misdemeanor and liable to be punished at hard labor in the Penitentiary for the period of one year or fined in the sum of five hundred dollars.
HISTORY: 1962 Code Section 3-46; 1952 Code Section 3-46; 1942 Code Section 1162; 1932 Code Section 1162; Cr. C. '22 Section 55; Cr. C. '12 Section 189; Cr. C. '02 Section 155; G. S. 2494; R. S. 151; 1876 (16) 61; 1960 (51) 1602.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-60. Making away with or disposing of produce before paying.

(A) It is unlawful for a person engaged in the business of buying cotton, corn, rice, or similar commodities, either on his own account or for others, to buy commodities from a planter, commission merchant, or any other person for cash and fail or refuse to pay for it and make away with or dispose of it before he has paid for it.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is ten thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than two thousand dollars but less than ten thousand dollars;
(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the sale amount of the commodities is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.
HISTORY: 1962 Code Section 3-49; 1952 Code Section 3-49; 1942 Code Section 1282; 1932 Code Section 1282; Cr. C. '22 Section 177; Cr. C. '12 Section 457; Cr. C. '02 Section 344; G. S. 2521; R. S. 283; 1877 (16) 250; 1993 Act No. 184, Section 124, eff January 1, 1994; 2010 Act No. 273, Section 16.E.E, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-70. Factors or commission merchants failing to account for produce.

(A) It is unlawful for a factor or commission merchant to receive from a planter cotton, rice, or other agricultural produce for sale and:
(1) sell the produce and fail to pay over the net proceeds to the planter on demand;
(2) apply the produce to his own use and benefit; or
(3) fail to account for the produce in a satisfactory manner if unsold.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is ten thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than two thousand dollars but less than ten thousand dollars;
(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the sale amount of the commodities is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.
HISTORY: 1962 Code Section 3-50; 1952 Code Section 3-50; 1942 Code Section 1283; 1932 Code Section 1283; Cr. C. '22 Section 178; Cr. C. '12 Section 458; Cr. C. '02 Section 345; G. S. 2522; R. S. 284; 1877 (16) 250; 1993 Act No. 184, Section 125, eff January 1, 1994; 2010 Act No. 273, Section 16.F.F, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-75. Damage or destruction of farm product, research facility, or research equipment unlawful; penalty; definitions.

(A) It is unlawful to maliciously damage or destroy a farm product, research facility, or research equipment used for testing or research in conjunction or coordination with a private research entity, a university, or any federal, state, or local governmental agency.
(B) If a person violates subsection (A) and the value of the farm product, research facility, or research equipment is:
(1) less than five hundred dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both;
(2) five hundred dollars or more, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(C) The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of ordering restitution, the court shall determine the market value of the farm product, research facility, or research equipment prior to the damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed.
(D) The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law.
(E) For purposes of this section:
(1) "Farm product" means horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
(2) "Research facility" means greenhouses, buildings, and offices in which farm product research is conducted.
(3) "Research equipment" means files, data, computers, tractors, sprayers, seeders, tools, vehicles, plants, containers, and any other item pertinent to farm product research.
HISTORY: 2002 Act No. 232, Section 1, eff May 1, 2002.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-80. Destruction of produce by accident or taking of produce by force as defense to prosecutions under Sections 46-1-60 and 46-1-70.

No person shall be convicted under the provisions of Sections 46-1-60 or 46-1-70 if he can show that the cotton, corn, rice or other products received by him were destroyed by accident, after due diligence on his part, or that he was forcibly deprived of the possession thereof.
HISTORY: 1962 Code Section 3-51; 1952 Code Section 3-51; 1942 Code Section 1284; 1932 Code Section 1284; Cr. C. '22 Section 179; Cr. C. '12 Section 459; Cr. C. '02 Section 346; G. S. 2523; R. S. 285; 1877 (16) 250.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-90. Fines from State Agricultural Fair to go to its treasurer.

For the purpose of better providing for the preservation of the public peace during the annual fairs of the State Agricultural and Mechanical Society of South Carolina all fines imposed for offenses committed on the fairgrounds during the sessions of the annual fairs shall be turned over to the treasurer of the Society by the magistrate before whom such cases are tried if the arrests of the offenders were made by persons appointed or employed by the authorities of the Society.
HISTORY: 1962 Code Section 3-52; 1952 Code Section 3-52; 1942 Code Section 951; 1932 Code Section 951; Cr. C. '22 Section 48; Cr. C. '12 Section 48; 1910 (26) 772.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-100. Importation for sale of agricultural products below minimum standards of state of origin prohibited.

It shall be unlawful for any person to transport into this State for sale or to offer for sale any agricultural product of a grade or quality lower than the minimum grade or quality of the product permitted to be sold in the state of its origin.
HISTORY: 1962 Code Section 3-53; 1964 (53) 2405.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-110. Enforcement of Sections 46-1-100 to 46-1-120.

The Commission of Agriculture shall be primarily responsible for the enforcement of Sections 46-1-100 to 46-1-120 and shall enforce all of their provisions, including obtaining injunctive relief where necessary.
HISTORY: 1962 Code Section 3-54; 1964 (53) 2405.
Editor's Note
Section 46-15-21 abolished the State Agricultural Marketing Commission and transferred all powers and duties, etc. to the Department of Agriculture to be exercised by the Commission of Agriculture.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-120. Penalties for violating Sections 46-1-100 to 46-1-120.

Any person violating the provisions of Sections 46-1-100 to 46-1-120 shall upon conviction be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 3-55; 1964 (53) 2405.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-130. Burial of migrant agricultural workers.

(a) Notwithstanding any other provisions of the law, any person having knowledge of the death of a person who engages in seasonal agricultural work as his primary source of income and does not normally return to his permanent place of residence each night shall, without delay, report the fact of such death to the Department of Health and Environmental Control in the county in which the body is located together with any information he may possess respecting the deceased including his identity, place of employment, permanent residence, and the name, address, and telephone number of any relatives. The County Department of Health and Environmental Control shall within a reasonable amount of time of receiving such report transmit to the State Department of Health and Environmental Control notice of the death of the deceased worker and information pertaining thereto. The State Department of Health and Environmental Control shall upon such notification make every effort to inform the nearest relative of such death.
(b) In the event that the identity of the deceased cannot be determined within a reasonable period of time, or in the event that the body of the deceased is unclaimed seven days after death, or in the event that the estate or the relatives are unable to provide for the burial of the deceased, the Department of Health and Environmental Control is authorized to allocate a sum of not more than three hundred and fifty dollars for the burial of such worker.
(c) In the event that the estate or the relatives of the deceased are able to provide for the burial but are unable to provide for the transportation of the body of the deceased to his legal residence or the legal residence of the relatives, the Department of Health and Environmental Control is authorized to allocate a sum of not more than two hundred dollars to defray the transportation expenses.
(d) The Department of Health and Environmental Control is authorized to file a claim with the Social Security Administration for reimbursement of the maximum amount allowable in behalf of the deceased and to use such funds or any assets belonging to the deceased to defray the burial or transportation expenses.
HISTORY: 1977 Act No. 147.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-131. Driving vehicle through planted fields by an unauthorized person prohibited; penalties.

It shall be unlawful for any unauthorized person to drive any type of vehicle in a wilful or negligent manner through a field in which agricultural or silviculture products are planted.
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars or imprisoned for a term not to exceed ninety days.
HISTORY: 1979 Act No. 103 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-140. Requirement that irrigation systems designed or used for application of fertilizer, pesticide, or chemicals be equipped with anti-syphon device.

Any irrigation system which is designed or used for the applications of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. The minimum acceptable anti-syphon device shall include a check valve, vacuum breaker, and low pressure drain on the irrigation supply line between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. The vacuum breaker must be upstream from the check valve. The low pressure drain must be upstream from the vacuum breaker. The injection pump must be tied to the irrigation pump either mechanically or electrically so that the injection pump shall stop operating if the irrigation pump fails to function.
Any person who uses an irrigation system for the application of fertilizer, pesticide, or chemicals which is not equipped with an anti-syphon device as required by this section is subject to a civil penalty of not more than five hundred dollars. Each day's violation is subject to an additional fine.
The Division of Regulatory and Public Service Programs at Clemson University shall promulgate regulations with the advice of the Department of Health and Environmental Control as it considers necessary to implement this section and is also charged with enforcing this section. The provisions of this section do not apply to residential yard use.
HISTORY: 1986 Act No. 495, Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 1 - General Provisions; Offenses › Section 46-1-150. Time for compliance with Section 46-1-140.

Any person using an irrigation system on June 6, 1986 shall bring it into compliance with the provisions of Section 46-1-140 of the 1976 Code within two years of June 6, 1986.
HISTORY: 1986 Act No. 495, Section 2.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-10. Duties of department.

The Department of Agriculture shall execute the laws of this State pertaining to agriculture except such laws as are specifically designated for execution by others.
HISTORY: 1962 Code Section 3-1; 1952 Code Section 3-1; 1942 Code Section 3223; 1932 Code Section 3223; Civ. C. '22 Section 929; Civ. C. '12 Section 851; 1904 (24) 449; 1909 (26) 14, 191; 1936 (39) 1615; 1941 (42) 119; 1960 (51) 1610, 1742.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-20. Department shall issue food manufacturers, processors, and packers permits.

No person, not operating under inspection of a State or Federal agency, shall engage in the business of manufacturing, processing or packing food in any manner without first obtaining a food manufacturers, processors and packers permit from the South Carolina Department of Agriculture. The permit shall be issued upon application to the Department on forms furnished by the Department and upon conditions prescribed by regulations of the Department governing the manufacturing, processing or packing of food as may be necessary to protect the public health and promote public welfare by protecting the purchasing public from injury by merchandising deceit. Such permit shall be issued July 1, 1971, and renewed annually thereafter on or before the first day of January.
Anyone violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 3-781; 1971 (57) 2012.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-25. Repealed.

HISTORY: Former Section, titled Fresh and minimally processed foods program, had the following history: 2013 Act No. 40, Section 2, eff June 7, 2013. Repealed by 2013 Act No. 40, Section 4, eff July 1, 2018.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-30. Commissioner of Agriculture; qualifications.

The chief officer of the Department of Agriculture shall be denominated the Commissioner of Agriculture. The Commissioner shall have a competent knowledge of agriculture, manufacturing and general industries, commerce, chemistry and publicity.
HISTORY: 1962 Code Section 3-2; 1952 Code Section 3-2; 1942 Code Section 3224; 1932 Code Section 3224; Civ. C. '22 Section 930; Civ. C. '12 Section 852; 1909 (26) 191; 1912 (27) 618; 1926 (34) 1055; 1936 (39) 615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-40. Election; term; vacancies.

The Commissioner shall be elected by the qualified electors in the general election now provided by law for the election of State officers of the State government, for a term of four years, the next term after the adoption of this Code beginning on the first day of January 1963. In case a vacancy should occur the Governor shall appoint a successor for the unexpired term.
HISTORY: 1962 Code Section 3-3; 1952 Code Section 3-3; 1942 Code Section 3224; 1932 Code Section 3224; Civ. C. '22 Section 930; Civ. C. '12 Section 852; 1909 (26) 191; 1912 (27) 618; 1926 (34) 1055; 1936 (39) 615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-50. Bond.

The bond of the Commissioner shall be in the sum of fifty thousand dollars, and his liability thereon shall not extend to losses incurred in bonded warehouses, except in case of tort or neglect of duty on his part.
HISTORY: 1962 Code Section 3-3.1; 1954 (48) 1566.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-60. Clerk.

The Commissioner may appoint a competent clerk, whose qualifications shall be in the main the same as those required of the Commissioner.
HISTORY: 1962 Code Section 3-4; 1952 Code Section 3-4; 1942 Code Section 3224; 1932 Code Section 3224; Civ. C. '22 Section 930; Civ. C. '12 Section 852; 1909 (26) 191; 1912 (27) 618; 1926 (34) 1055; 1936 (39) 615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-80. Duties of Commissioner.

The Commissioner shall:
(1) Be charged with all work looking to the promotion of agriculture and cattle raising, including the collection and publication of information in regard to localities, character, accessibility, cost and modes of utilization of soils and, more specifically, the inducement of capital to invest in agriculture and cattle raising by the dissemination of information relative to the advantages of soil and climate and other natural resources of the State;
(2) Collect from the farmers and landowners of the State and list information as to lands, stating the number of acres, the location and the terms upon which they may be bought; and
(3) Keep a land registry and in connection therewith from time to time issue a publication descriptive of such listed agricultural, forest and trucking lands as may be offered to the Department for sale or share, such publication to be in an attractive form, setting forth the county, township, number of acres, names and addresses of owners and such other information as may be helpful in placing inquiring homeseekers in communication with the landowners.
But nothing in this section shall be construed to give the Commissioner the right to do scientific, educational or extension work in agriculture.
HISTORY: 1962 Code Section 3-6; 1952 Code Section 3-6; 1942 Code Section 3227; 1932 Code Section 3227; Civ. C. '22 Section 933; Civ. C. '12 Section 855; 1909 (26) 191 Section 6; 1918 (30) 825; 1936 (39) 615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-90. Sale of marl or ground limestone.

The Commissioner may make arrangements with any reliable manufacturer of crushed marl or ground limestone for the sale of such material to the citizens of this State at prices that shall be reasonable and will allow a reasonable profit on the cost of production. In the event of the failure of the Commissioner to make such arrangements, he shall, upon satisfying himself that such arrangements as are specified cannot be made, report such fact to the General Assembly next succeeding, together with definite recommendations for the mining of such material by the State with convict labor and furnishing it to the farmers of the State at a price that shall be as near the actual cost of production as possible. In the event an arrangement is made, the Commissioner shall make public the nature and terms of the arrangement and shall annually report to the General Assembly the full itemized details of any and all such sales made to farmers through the Department.
HISTORY: 1962 Code Section 3-7; 1952 Code Section 3-7; 1942 Code Section 3252; 1932 Code Section 3252; Civ. C. '22 Section 958; 1916 (29) 669; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-100. Arrangements for inoculating material.

The Commissioner may make arrangements with any reliable manufacturer of inoculation material for the sale of such material to the citizens of the State at prices that shall be reasonable and will allow a reasonable profit on the cost of production. Failing to make such arrangements, the Commissioner may manufacture inoculation material for leguminous crops and distribute it to citizens of the State applying for it at cost. The Commissioner may expend from any surplus or other funds collected from other sources in his hands, such amounts as may be necessary to inaugurate the work of manufacturing inoculation material and refund to those respective funds as soon as possible from the sums collected from the sale of such material such sums as may be so expended.
HISTORY: 1962 Code Section 3-9; 1952 Code Section 3-9; 1942 Code Section 3250; 1932 Code Section 3250; Civ. C. '22 Section 956; 1915 (29) 261; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-110. Disposition of moneys derived from sale of inoculating material.

In the event that the material is manufactured in the laboratories of the Department of Agriculture, the Commissioner shall receive and keep current accounts of all sums derived from the sale of the material at cost and deposit such sums in the State Treasury to the credit of the general fund of the State.
HISTORY: 1962 Code Section 3-10; 1952 Code Section 3-10; 1942 Code Section 3251; 1932 Code Section 3251; Civ. C. '22 Section 957; 1915 (29) 261; 1936 (39) 1615; 1941 (42) 119; 1982 Act No. 330, Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-120. Departments and institutions shall furnish information.

In order to facilitate the collection and collation of information of the resources of the State on all lines, the heads of the several departments of the State government and of the State institutions shall furnish accurately such information as may be at their command to the Commissioner when called upon for it.
HISTORY: 1962 Code Section 3-12; 1952 Code Section 3-12; 1942 Code Section 3230; 1932 Code Section 3230; Civ. C. '22 Section 936; Civ. C. '12 Section 858; 1909 (26) 191 Section 6.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-130. Contracts for use of department personnel and facilities by other State agencies.

The State Department of Agriculture is authorized to enter into contracts or agreements with any State agency whereby its personnel and facilities may be utilized by the agency.
If any fees are charged by the agency the agency may retain the amount necessary for administration, not to exceed the sum agreed upon between the agency and the Department, and the remainder, if any, shall be transmitted to the State Treasurer and deposited to the account of the Department of Agriculture and shall be utilized by the Department for reimbursement of any expenses incurred.
HISTORY: 1962 Code Section 3-12.1; 1965 (54) 241.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-140. Annual report of department's work.

The Commissioner shall make and submit to the Governor, on or before the tenth day of January of each year, a report covering the Department's work of the preceding year and the report shall be transmitted to the General Assembly, printed in the same manner as other public documents or as shall otherwise be ordered.
HISTORY: 1962 Code Section 3-13; 1952 Code Section 3-13; 1942 Code Section 3226; 1932 Code Section 3226; Civ. C. '22 Section 932; Civ. C. '12 Section 854; 1904 (24) 449.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-145. "Beneficiary class" defined; department involvement with loan programs.

(A) As used in this section:
(1) "Beneficiary class" means:
(a) farmers and farm families of low and moderate income;
(b) residents of the State who produce evidence satisfactory to the authority that they intend to become residents and begin farming within the State;
(c) farmers who shall use the agricultural land, agricultural improvements, or depreciable agricultural property proposed to be purchased for farming within the State;
(d) farmers who shall apply the proceeds of each mortgage loan to the acquisition by the farmer of agricultural land or agricultural improvements thereon, or depreciable agricultural property totaling no more than six hundred twenty-five thousand dollars in fair market value;
(e) farmers who demonstrate to the authority's satisfaction that they can repay the loan from farming operations within the State;
(f) farmers who are creditworthy according to standards prescribed by the authority;
(g) farmers who, inclusive of amounts estimated to be received as a result of the acquisition of the agricultural land, agricultural improvements, or depreciable agricultural property to be financed with each mortgage loan or secured loan, receive at least sixty percent of the combined gross incomes of the farmer, his spouse, and dependents from farming operations within the State;
(h) farmers who have not received previously a mortgage loan or secured loan from an entity authorized to make loans under the provisions of this section. This restriction does not apply if the amount of the loan previously received for the property plus the amount of the loan sought does not exceed six hundred twenty-five thousand dollars for agricultural land or agricultural improvements or depreciable agricultural property;
(i) farmers who satisfy other criteria the department prescribes by regulation.
(B) The Department of Agriculture may participate in and cooperate with the programs of the Farmers Home Administration, the Federal Land Banks or its successors, and any other agency or instrumentality of the United States and sponsor or participate in programs with other entities, including nonprofit corporations which may make loans to farmers of the beneficiary class, and participate in and cooperate with a program of another agency of the State or a political subdivision in the administration of any of the programs authorized to make loans to farmers of the beneficiary class.
HISTORY: 1988 Act No. 618, Section 1, eff June 2, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-160. Agreements with United States Government for conduct of aquatic plant control projects.

The Commissioner of Agriculture is authorized to enter into agreements with the United States Government for the conduct of aquatic plant control projects under the provisions of Public Laws 85-500, 87-874 and 89-298, and to give such assurances on behalf of the State as may be required under the provisions of such laws.
HISTORY: 1962 Code Section 3-14.1; 1967 (55) 47.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-170. Suits by and against Commissioner and venue.

The Commissioner may sue or be sued in the courts upon the same terms as any other person, the action to be against or by the Commissioner as representative of the State. Suits may be brought in Richland County or in the county in which the cause of action accrued.
HISTORY: 1962 Code Section 3-15; 1952 Code Section 3-15; 1942 Code Section 6469; 1932 Code Section 6469; Civ. C. '22 Section 3375; 1914 (29) 18; 1921 (32) 303; 1933 (38) 95; 1945 (44) 72.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-175. Agribusiness license; fees; bonding requirements.

In lieu of licenses or permits or renewals of them required by Sections 39-11-30 for public weighmasters or deputy weighmasters, 46-21-40 for seed dealers, 46-41-50 for dealers in agricultural products, any qualified person of whom such a license or permit is required may obtain an agribusiness license which qualifies him to engage in any of the businesses listed above. The agribusiness license must be issued by the Department of Agriculture upon the payment annually of a fee of seventy-six dollars and shall expire on June thirtieth of each year. Posting of a bond in the sum of twenty-five thousand dollars with the Commissioner of Agriculture by the agribusiness licensee as principal by a corporate surety company authorized to do business in this State assuring the same compliance provisions as Sections 39-11-70 for weighmasters, and 46-41-60 for dealers in agricultural products shall satisfy the bonding and evidence of financial responsibility requirements of those code sections.
HISTORY: 1987 Act No. 141 Section 1, eff June 8, 1987.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-190. Revocation of registrations or licenses; notice and hearing required.

No such registration or license, however, shall be revoked until the person concerned shall have been notified and a public hearing accorded such person. At such hearing all persons concerned shall be accorded the right of counsel and the right to introduce evidence in their behalf.
HISTORY: 1962 Code Section 3-17; 1957 (50) 56.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-200. Revocation of registrations or licenses; procedural powers of Commissioner.

At any hearing or other proceeding authorized by Section 46-3-190, the Commissioner shall have power to administer oaths; to take testimony; to issue subpoenas and compel the attendance of witnesses, which shall be served in the same manner as subpoenas issued by the court of common pleas of the State; and to order the taking of depositions in the same manner as depositions are taken in the court of common pleas.
HISTORY: 1962 Code Section 3-18; 1957 (50) 56.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-210. Revocation of registrations or licenses; bond to stay revocation.

Pending final adjudication no such registration or license shall be revoked, provided the person concerned shall furnish bond satisfactory to the Commissioner in the amount of two hundred dollars.
HISTORY: 1962 Code Section 3-19; 1957 (50) 56.