reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-500. Sale of tobacco in name other than that of true owner.

Any warehouseman or cooperative marketing association who shall buy or sell leaf tobacco in a name other than that of the true owner and who knows or has reason to believe that the name in which such leaf tobacco is sold or any name given pursuant to the provisions of this article is false or fictitious shall be guilty of a misdemeanor; provided, however, that:
(1) Whenever one person offers for sale more than one pile of tobacco it shall be sufficient for the full name to appear on the first pile and the correct initials on the other piles with consecutive numbers on the piles following; and
(2) Leaf tobacco dealers offering for resale tobacco once sold upon the warehouse floor and with respect to which the provisions of this article have previously been complied with may offer for sale or sell such tobacco in the name under which the original sale was made or in their own names.
HISTORY: 1962 Code Section 69-48; 1952 Code Section 69-48; 1942 Code Sections 7204, 7206; 1932 Code Sections 7204, 7206; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-510. Penalties.

Any person guilty of a misdemeanor under the provisions of this article shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars or by imprisonment for not less than fifteen nor more than thirty days and each sale or offering for sale shall constitute a separate and distinct offense under the provisions of this article.
HISTORY: 1962 Code Section 69-49; 1952 Code Section 69-49; 1942 Code Section 7207; 1932 Code Section 7207; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 20 - Self-service Storage Facilities › Section 39-20-10. Short title.

This chapter is known and may be cited as the "South Carolina Self-Service Storage Facility Act".
HISTORY: 1986 Act No. 460, Section 1, eff 30 days after approval by the Governor (Approved June 2, 1986); 2014 Act No. 136 (H.3563), Section 1, eff March 13, 2014.
Effect of Amendment
2014 Act No. 136, Section 1, added quotation marks.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 20 - Self-service Storage Facilities › Section 39-20-20. Definitions.

For purposes of this chapter:
(a) "Last known address" means the physical, mailing, or electronic mail address provided by the occupant either in the latest rental agreement or in a subsequent written notice of a change of address as the address the occupant selects for the owner to use for making contact or providing notice to the occupant under the provisions of this chapter.
(b) "Occupant" means a person, his sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(c) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement.
(d) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items.
(e) "Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility.
(f) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property. No occupant may use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of Chapter 19, Title 39 and the provisions of law relative to bonded public warehousemen do not apply to the owner of a self-service storage facility. A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities.
(g) "Electronic mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which a confirmation of receipt is received.
HISTORY: 1986 Act No. 460, Section 1, eff 30 days after approval by the Governor (Approved June 2, 1986); 2014 Act No. 136 (H.3563), Section 1, eff March 13, 2014.
Effect of Amendment
2014 Act No. 136, Section 1, rewrote subsection (a), added subsection (g), and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 20 - Self-service Storage Facilities › Section 39-20-30. Rental unit, lien; access to personal property.

(A) The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent in relation to the personal property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this chapter is junior to any other liens or security interests which are perfected and recorded or liens by any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the occupant is considered in default.
(B) When rent is seven or more calendar days past due the owner may deny the occupant access to the personal property located in the self-service storage facility.
HISTORY: 1986 Act No. 460, Section 1, eff 30 days after approval by the Governor (Approved June 2, 1986); 2014 Act No. 136 (H.3563), Section 1, eff March 13, 2014.
Effect of Amendment
2014 Act No. 136, Section 1, added subsection designator (A); in the first sentence of subsection (A), deleted "labor, or other charges" before "in relation to"; and added subsection (B).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 20 - Self-service Storage Facilities › Section 39-20-49. Person claiming contents of storage facility to pay all unpaid rents.

The owner of a self-service storage facility may require of a person laying claim to any of the contents of the self-service storage facility that the claimant pay to the owner all unpaid rents due for the use of the facility before taking possession of the contents. The owner is not responsible for any property taxes that may be due on any contents that have been in storage in the facility.
HISTORY: 1994 Act No. 498, Section 2, eff July 14, 1994; 2014 Act No. 136 (H.3563), Section 1, eff March 13, 2014.
Effect of Amendment
2014 Act No. 136, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 20 - Self-service Storage Facilities › Section 39-20-50. Additional rights, duties, and obligations by agreement; relation of chapter to other laws.

Nothing in this chapter may be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter are in addition to all other rights allowed by law to a creditor against his debtor.
HISTORY: 1986 Act No. 460, Section 1, eff 30 days after approval by the Governor (Approved June 2, 1986); 2014 Act No. 136 (H.3563), Section 1, eff March 13, 2014.
Effect of Amendment
2014 Act No. 136, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-10. Authority to grant licenses; minimum standards to maintain.

The department may license a qualified warehouse facility for the storage of cotton and grain or other nonperishable agricultural products as defined by regulation. A license must be granted only to those applicants who have met the minimum requirements of this chapter and whose warehouse facility is suitable for the storage of agricultural commodities for which it is intended. A license may be revoked or suspended at any time the warehouseman does not meet the minimum standards as required by this chapter.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-15. "Loss" defined.

For purposes of this chapter, "loss" means any monetary loss over and beyond the amount protected by a warehouseman's bond sustained as a result of storing a commodity in a state-licensed warehouse including, but not limited to, any monetary loss over and beyond the amount protected by a warehouseman's bond sustained as a result of the warehouseman's bankruptcy, embezzlement, or fraud.
HISTORY: 1998 Act No. 375, Section 1, eff May 26, 1998.
Editor's Note
1998 Act No. 375, Section 6, effective May 26, 1998, provides as follows:
"This act takes effect upon approval by the Governor. The provisions of Sections 1 and 5 are remedial and apply retroactively to July 1, 1997, so as to permit reimbursement of losses suffered or incurred by depositors on and after July 1, 1997."
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-20. Applicants for license, bonding and security requirements.

To safeguard the interest of holders of warehouse receipts issued under this chapter, Chapter 19 of this title, and Chapter 7 of Title 36, the department shall require a surety bond or equivalent security from the applicant for a warehouse license for the faithful performance of his duties. The bond or other security must be in an amount of twenty-five thousand dollars for each warehouse. The bond must provide that the warehouseman personally shall account for and pay over, according to law, all money and property received by him and, in cases of default, the surety shall pay all damages, costs, and expenses resulting from the default. In the event of a default, the holder of the warehouse receipt may proceed directly against the warehouseman or surety or both on the bond to recover the loss and a surety or other insurer who has been required to respond financially upon the action must be subrogated to all rights of the holder of the warehouse receipt.
The department shall assist the warehousemen in obtaining their individual bonds at the best available rate under a group plan, when possible.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-40. Term "cotton" to refer to all nonperishable farm products.

The provisions of this chapter referring to cotton also refer to all nonperishable farm products as defined by the Commissioner of Agriculture.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-70. Receipt of lint cotton.

A receipt for lint cotton must be issued under the seal and signature of the Commissioner of Agriculture or his deputy in the name of the State, stating the location of the warehouse, the name of the manager, the tag number on the bale and the weight, grade, and staple to enable delivery on surrender of the receipt of the identical cotton for which it was given. The grade and staple may be omitted at the request of the depositor. The receipt may be issued in bearer or order form.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-80. Warehouse receipt forms, requirements; electronic receipts exempt; notice to depositor; transfers to other parties.

The warehouse receipt forms must be designed or otherwise approved by the commissioner. All orders for the printing of warehouse receipts and bale tags must be preapproved by the department. The receipts must be numbered and the warehouse receiving the forms shall account for each receipt. The receipts may have the lithographed or engraved signature of the commissioner but they must be signed with pen and ink, indelible pencil, or mechanical device approved by the commissioner, by the authorized manager of the licensed warehouse. However, the Commissioner of Agriculture is authorized to accept and process Electronic Warehouse Receipts (EWR) from qualified providers, as defined by pertinent federal regulations governing EWR, and in so doing, is further authorized to exempt EWR from the provisions of this chapter to the extent these provisions are in conflict with pertinent federal regulations governing EWR, or to the extent that application of the provisions of this chapter renders acceptance and processing of EWR by the department impracticable. If a warehouseman elects to utilize electronic warehouse receipts, he must provide written notice to the depositor that the EWR have been issued to the depositor, the numbers of the EWR so issued and that the receipts are being held on his behalf and cannot be transferred to any other party without the depositor's written consent. The consent must be on a form approved by the commissioner and it must be signed in the presence of the warehouseman, and attested to by him. Provided, however, that a warehouseman may accept a notarized copy of the written notice form.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990; 1997 Act No. 29, Section 1, eff May 21, 1997; 1998 Act No. 375, Section 2, eff May 26, 1998.
Effect of Amendment
The 1997 amendment added the fifth sentence.
The 1998 amendment added the sixth, seventh, and eighth sentences.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-100. State guarantee; limitations.

The weights, classes, and grades of cotton, if shown on a warehouse receipt issued for the cotton, or other nonperishable farm products on storage are guaranteed by the State under this chapter only in favor of those who loan money on or buy cotton stored in warehouses. The State is not responsible for fluctuations in weight resulting from ordinary climatic conditions.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-110. Required identification tags on bales.

Each bale of cotton accepted for storage in a warehouse operated under the state warehouse system must be identified by a numbered tag affixed to the bale. The tag must be designed so that the brand "South Carolina" may be unmistakably visible. The palmetto tree, with a bale of cotton lying at the roots, and the shield of the State must be printed on the tag. The county of origin may appear on the tag. The warehouse may utilize the Permanent Bale Identification (PBI) number and tag of another gin if that tag meets these requirements. If the PBI tag does not meet these requirements, the warehouseman may affix a sticker to the PBI tag or bale of cotton adjacent to the PBI tag that meets these requirements.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990; 2018 Act No. 232 (H.5152), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 232, Section 1, added the fifth and sixth sentences, providing additional types of identification numbers, tags, and stickers that a warehouse may utilize.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-120. Warehouse insurance requirements.

Each licensed warehouseman shall insure and keep insured against loss or damage by fire, theft, burglary, and other hazards which are commonly insured against, under "extended coverage" provisions, for its full value, all cotton and other products on storage unless requested by the depositor in writing not to insure the cotton or other products and in that instance when the cotton or other products are not insured a statement to that effect must be plainly and conspicuously inserted on the face of the receipt. In case of loss, the warehouseman shall collect the insurance due and pay it ratably to those lawfully entitled to payment. The warehouseman may accept contracts for the storage of cotton submitted by the Commodity Credit Corporation and other United States governmental agencies without being required to carry insurance on the cotton. As a condition of license, each warehouseman shall maintain on file with the department a current certificate of insurance setting forth the policy number, the agent and underwriter, the provisions and limits of coverage, and the date the policy expires.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-140. Sums collected under this chapter must be deposited annually.

All sums collected under this chapter must be transferred annually to a special account in the State Treasury according to the provisions of Section 39-22-150.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-160. Annual report.

The Commissioner of Agriculture shall make an annual report to the General Assembly setting forth (1) the number and location of each warehouse where cotton has been received for storage, (2) the cotton on storage and that delivered on presentation of receipts, and (3) monies received and disbursed.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-170. State's liability limited.

The extent of the state's liability is limited to the amount of monies available through the guaranty fund and, therefore, no debt or other liability may be created against the State by reason of the licensing of a warehouse under this chapter except as provided by this chapter.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-180. Warehouseman may enter into agreements required by Commodity Credit Corporation; conflicting provisions.

It is lawful for a warehouseman licensed by the commissioner to operate a state warehouse to execute and enter into an agreement or contract required by the Commodity Credit Corporation or other agency of the United States government when the agreement or contract is necessary to secure the support price for certain stored commodities. Whenever the contract or agreement conflicts with the provisions of the state warehouse system or the Uniform Commercial Code - Documents of Title the conflicting provisions are suspended, but only to the extent that the suspension of the conflicting provisions is a minimum requirement of the agency of the United States government.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-190. Record keeping requirements.

All warehousemen licensed to store grain shall maintain current and complete records at all times with respect to all feed grains and oil seeds on forms approved by the Department of Agriculture pursuant to regulations promulgated by the department including grain owned by him as well as other feed grains or oil seeds not subject to the terms of the state warehouse system, stored in or handled through the warehouse. The records must include, but not be limited to, a daily record showing:
(1) the total quantity of each kind and class of feed grains or oil seeds received and delivered and the quantity of each kind and class of feed grains or oil seeds remaining in the warehouse at the close of each business day;
(2) the warehouseman's total storage obligations for each kind and class of feed grains or oil seeds at the close of each business day.
Incoming feed grains or oil seeds must be documented as to ownership and as to whether the feed grains or oil seeds are owned by the warehouseman or someone else. Feed grains or oil seeds received may be purchased by the warehouse before or upon arrival at the elevator or warehouse and after they have been in storage for a time. All operations must be documented properly to reflect ownership, quantity of feed grains, or oil seeds received, quantity delivered, and quantity in storage in the warehouse.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 22 - State Warehouse System › Section 39-22-200. Receipts, restrictions; exceptions.

A state warehouse receipt must be issued by the warehouseman to a person storing commodities who requests it. If no receipt is issued to the storing party directly, one must be written to show ownership and held at the warehouse office properly locked and secured. No receipt may be issued in the name of the storing warehouse, or its owners, on commodities being purchased by the warehouse until the commodity has been paid for in full, even if a contract has been executed establishing that the title to the commodity has passed to the warehouse or its owners unless the buyer and seller execute an affidavit within the contract stating that the seller conveys title and ownership of the commodity and forfeits all of his rights under the Dealer and Handler Guaranty Fund. The affidavit must be in bold print on the face of the contract and must further state that the seller has read the contract in full, understands it, and waives all rights to contest his knowledge of any part of the contract. Those provisions do not reduce the responsibility of the warehouseman to keep proper records as required by Section 39-22-190.
HISTORY: 1990 Act No. 436, Section 1, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 23 - Adulterated, Misbranded Or New Drugs And Devices › Section 39-23-55. Labeling of prescription or nonprescription drug samples.

(A) For purposes of this section, "sample" means a unit of a drug which is not intended by the manufacturer to be sold and which is intended to promote the sale of the drug.
(B) The department may not require the labeling of a prescription or nonprescription drug sample for which a physician does not require a federal or state controlled substance license to dispense, when the physician dispenses it to a patient for no charge. If the sample is not in the manufacturer's original package, the physician shall label it meeting all requirements of nonsample prescription medication. If adequate directions for usage are not provided on the manufacturer's package, the physician shall give adequate written directions.
(C) The labeling exemption established in this section does not apply when more than one hundred twenty dosage units or a thirty-day supply of a drug in solid form or eight ounces of a drug in liquid form is dispensed.
HISTORY: 1990 Act No. 398, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 23 - Adulterated, Misbranded Or New Drugs And Devices › Section 39-23-60. Coal-tar colors, regulations.

In accordance with Federal standards, the Director of Health and Environmental Control shall promulgate regulations providing for the listing of coal-tar colors which are harmless and suitable for use in drugs for purposes of coloring only and for the certification of batches of such colors, with or without harmless dilutents.
HISTORY: 1962 Code Section 32-1510.106; 1972 (57) 3046.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 23 - Adulterated, Misbranded Or New Drugs And Devices › Section 39-23-80. Prohibited acts, penalties.

(A) It is unlawful to do or cause the following acts:
(1) introduction or delivery for introduction into commerce within the State of a drug or device that is adulterated or misbranded;
(2) adulteration or misbranding of a drug or device in intrastate commerce;
(3) receipt in intrastate commerce of a drug or device that is adulterated or misbranded, and the delivery or proffered delivery of a drug or device for pay or otherwise;
(4) manufacture of a drug or device within the State which is adulterated or misbranded;
(5) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or the federal act;
(6) alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug or device, if the act is done while the article is held for sale (whether or not the first sale) after shipment in intrastate commerce and results in the article being adulterated or misbranded;
(7) using, on the label of a drug or in an advertisement relating to the drug, any representation or suggestion that an application with respect to the drug is effective under Section 39-23-70, or that the drug complies with the provisions of that section.
(B)(1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both for a first offense.
(2) A person convicted under this section for a second offense is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
(3) A violation with intent to defraud or mislead is a felony and, upon conviction, the person must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
HISTORY: 1962 Code Section 32-1510.108; 1972 (57) 3046; 1993 Act No. 184, Section 68, eff January 1, 1994.
Effect of Amendment
The 1993 amendment rewrote this section, designating existing text as (A), and adding (B), so as to change portions from misdemeanors to felonies and the maximum term of imprisonment to conform to the new crime classification system.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 23 - Adulterated, Misbranded Or New Drugs And Devices › Section 39-23-110. Notice of criminal proceedings.

Before any violation of this chapter is reported by the Director of Health and Environmental Control to the Attorney General for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding.
HISTORY: 1962 Code Section 32-1510.111; 1972 (57) 3046.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 23 - Adulterated, Misbranded Or New Drugs And Devices › Section 39-23-120. Minor violations of chapter.

Nothing in this chapter shall be construed as requiring the Director of Health and Environmental Control to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice or warning.
HISTORY: 1962 Code Section 32-1510.112; 1972 (57) 3046.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 23 - Adulterated, Misbranded Or New Drugs And Devices › Section 39-23-130. Embargo of adulterated or misbranded drug or device.

The Director of Health and Environmental Control may, upon service of written notice, embargo any drug, device, or other substance for a period not to exceed fifteen days if such drug, device, or substance is suspected of being adulterated or misbranded, the purpose of such embargo being to prevent the removal of such drug, device, or substance from the jurisdiction of the Director of Health and Environmental Control until an investigation of such suspected adulteration or misbranding may be conducted.
HISTORY: 1962 Code Section 32-1510.113; 1972 (57) 3046.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 24 - Drug Product Selection Act › Section 39-24-20. Definitions.

As used in this chapter:
(1) "Brand name" means the proprietary or trade name placed upon a drug, its container, label or wrapping at the time of packaging;
(2) "Generic name" means the United States Adopted Name (USAN) or the official title of a drug published in the latest edition of a nationally recognized pharmacopoeia or formulary;
(3) "Substitute" means to dispense, with the practitioner's authorization, a "therapeutically equivalent" generic drug product of identical drug salt or an interchangeable biological product in place of the drug or biological product ordered or prescribed;
(4) "Therapeutically equivalent" means the same efficacy and toxicity when administered to an individual in the same dosage form; and
(5) "Practitioner" means a physician, osteopath, dentist, podiatrist, veterinarian, or any other person authorized to prescribe drugs under the laws of this State.
HISTORY: 1978 Act No. 595 Section 2; 2017 Act No. 11 (H.3438), Section 1, eff April 24, 2017.
Effect of Amendment
2017 Act No. 11, Section 1, in (3), inserted "or an interchangeable biological product" and "or biological product".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 24 - Drug Product Selection Act › Section 39-24-30. Substitution of equivalent drug product authorized; substitution of interchangeable biological product authorized.

(A) As provided in Section 39-24-40, upon receiving a prescription for a brand name product, a registered pharmacist may substitute a drug product of the same dosage form and strength which, in his professional judgment, is a therapeutically equivalent drug product.
(B) As provided in Section 39-24-40, upon receiving a prescription for a specific biological product, a registered pharmacist may substitute an interchangeable biological product.
HISTORY: 1978 Act No. 595 Section 3; 2017 Act No. 11 (H.3438), Section 2, eff April 24, 2017.
Effect of Amendment
2017 Act No. 11, Section 2, inserted paragraph designator (A), and added (B), relating to the substitution of interchangeable biological products.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 24 - Drug Product Selection Act › Section 39-24-50. Retroactive effect.

No provisions of this chapter shall apply to, nor be construed to invalidate, prescriptions issued prior to the effective date of this chapter; provided, that an oral authorization for substitution may be obtained from the prescribing practitioner by the pharmacist on any prescription issued prior to the effective date of this chapter.
HISTORY: 1978 Act No. 595 Section 4A.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 24 - Drug Product Selection Act › Section 39-24-60. Out-of-state and United States Government prescriptions.

This chapter shall not be construed to prevent registered pharmacists from filling, as otherwise provided by law, prescriptions originating outside the boundaries of this State and official United States Government prescriptions issued by authorized governmental officials.
HISTORY: 1978 Act No. 595 Section 5.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-30. Prohibited acts.

The following acts within the State of South Carolina are prohibited:
(1) the manufacture, sale, or delivery, holding, or offering for sale of any food or cosmetic that is adulterated or misbranded;
(2) the adulteration or misbranding of any food or cosmetic;
(3) the receipt in commerce of any food or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery of it for pay or otherwise;
(4) the distribution in commerce of a consumer commodity, as defined in this chapter, if the commodity is contained in package, or if there is affixed to that commodity a label, that does not conform to the provisions of this chapter and of regulations promulgated under authority of this chapter; provided, however, that this prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that persons engaged in packaging or labeling of the commodities or prescribe or specify by any means the manner in which such commodities are packaged or labeled;
(5) the dissemination of any false advertisement regarding any food or cosmetic;
(6) the refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record as authorized by Section 39-25-190;
(7) the giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom he received in good faith the food or cosmetic;
(8) the removal or disposal of a detained or embargoed article in violation of Section 39-25-60;
(9) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food or cosmetic if the act is done while the article is held for sale and results in the article being adulterated or misbranded;
(10) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated pursuant to the provisions of this chapter or of the federal act;
(11) the using by any person to his own advantage, or revealing, other than to the commissioner or his authorized representative or to the courts when relevant in any judicial proceeding pursuant to this chapter of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection; and
(12) operating without registering pursuant to Section 46-3-20.
HISTORY: 1962 Code Section 32-1526.2; 1972 (57) 2687; 2010 Act No. 261, Section 3, eff June 11, 2010.
Effect of Amendment
The 2010 amendment redesignated subsections (a) through (k) as subsections (1) through (11); added subsection (12) relating to operating without registering; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-35. Exception to prohibited acts.

The provisions of Section 39-25-30 do not apply to water-powered grist mills or their products.
HISTORY: 1990 Act No. 436, Section 3, eff April 24, 1990.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-40. Injunctions.

In addition to the remedies hereinafter provided the Commissioner is hereby authorized to apply to the appropriate circuit court and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of Section 39-25-30; irrespective of whether or not there exists an adequate remedy at law.
HISTORY: 1962 Code Section 32-1526.3; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-50. Penalties; exceptions and liabilities.

(a) Any person who violates any of the provisions of Section 39-25-30 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six months or a fine of not more than one thousand dollars, or both such imprisonment and fine at the discretion of the court; for a second or subsequent violation such person shall be subject to imprisonment for not more than two years, or a fine of not more than five thousand dollars, or both such imprisonment and fine at the discretion of the court.
(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated Section 39-25-30(a) or (c) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the State of South Carolina from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this chapter, designating this chapter.
(c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section for the dissemination of such false advertisement, unless he has refused, on the request of the Commissioner to furnish the Commissioner the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the State of South Carolina who caused him to disseminate such advertisement.
HISTORY: 1962 Code Section 32-1526.4; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-70. Duty of solicitors and Attorney General; notice of criminal proceedings.

It shall be the duty of each solicitor and/or the office of the Attorney General to whom the Commissioner reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this chapter is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Commissioner or his designated agent, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding.
HISTORY: 1962 Code Section 32-1526.6; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-80. Minor violations of chapter.

Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
HISTORY: 1962 Code Section 32-1526.7; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-90. Definitions and standards adopted under Federal act.

(a) Definitions and standards of identity, quality and fill of container and their amendments, now or hereafter adopted under authority of the Federal act are the definitions and standards of identity, quality and fill of container in this State. However, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, the Commissioner may promulgate regulations establishing definitions and standards of identity, quality and fill of container for foods where no Federal regulations exist. In addition, the Commissioner may promulgate amendments to any Federal or State regulations which set definitions and standards of identity, and may promulgate amendments to any Federal or State regulations which set standards of quality and fill of container for foods.
(b) Temporary permits now or hereafter granted for interstate shipment of experimental packs of food varying from the requirements of Federal definitions and standards of identity are automatically effective in this State under the conditions provided in such permits. In addition, the Commissioner may issue additional permits where they are necessary to the completion or conclusiveness of an otherwise adequate investigation and where the interest of consumers is safeguarded. Such permits are subject to the terms and conditions the Commissioner may prescribe by regulation.
HISTORY: 1962 Code Section 32-1526.8; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-115. Finding of contamination; temporary regulation; access to factories for inspection.

(A) When the commissioner finds, upon investigation, that the distribution in South Carolina of any class of food may, by reason of contamination with microorganisms during manufacturing, processing, or packaging in any locality, be injurious to human health and that the injurious nature cannot be adequately traced back after the articles have entered commerce, he shall promulgate regulations providing for the issuance to manufacturers, processors, or packagers of the class of food in the locality of permits to which must be attached the conditions governing the manufacturing, processing, or packaging of the class of food, for the temporary period of time as may be necessary to protect the public health. After the effective date of the regulations and during the temporary period, a person may not introduce or deliver for introduction into commerce any food manufactured, processed, or packaged by any manufacturer, processor, or packager unless the manufacturer, processor, or packager holds a permit issued by the commissioner as provided by the regulations.
(B) An officer or employee duly designated by the commissioner shall have access to a factory or establishment, the operator of which holds a permit from the Department of Agriculture, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for the inspection is grounds for suspension of the permit until the access is freely given by the owner or operator.
HISTORY: 2010 Act No. 261, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-120. Promulgation of regulations containing labeling requirement exemptions; effect of Federal regulations.

The Commissioner shall promulgate regulations exempting from any labeling requirement of this chapter food which is, in accordance with the practice of the trade to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such food is not adulterated or misbranded under the provisions of this chapter upon removal from such processing, labeling, or repacking establishment.
Regulations now or hereafter adopted under authority of the Federal act relating to such exemptions are automatically effective in this State. However, the Commissioner may promulgate additional regulations or amendments to existing regulations concerning exemptions.
HISTORY: 1962 Code Section 32-1526.11; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-140. Cosmetic deemed adulterated.

A cosmetic shall be deemed to be adulterated -
(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon; "Caution - This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness." and the labeling of which bears adequate directions for such preliminary testing. For the purpose of this paragraph and paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(e) If it is not a hair dye and it is, or it bears or contains a color additive which is unsafe within the meaning of the Federal act or Section 39-25-130(a).
HISTORY: 1962 Code Section 32-1526.13; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-150. Cosmetic deemed misbranded.

A cosmetic shall be deemed to be misbranded -
(a)(1) If its labeling is false or misleading in any particular.
(2) If its labeling or packaging fails to conform with the requirements of Section 39-25-160.
(b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the Commissioner.
(c) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(d) If its container is so made, formed or filled as to be misleading.
(e) If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the Federal act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in the last sentence of Section 39-25-140(a)).
(f) A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling requirements of this chapter while it is in transit in commerce from the establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all applicable provisions of this chapter.
HISTORY: 1962 Code Section 32-1526.14; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 25 - Adulterated Or Misbranded Food And Cosmetics › Section 39-25-170. Advertisement deemed false.

An advertisement of a food, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
HISTORY: 1962 Code Section 32-1526.16; 1972 (57) 2687.