reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 45 - Community Economic Opportunity Act Of 1983 › Section 43-45-60. Capabilities required of community-based organizations.

Each community-based organization must have the capability, as determined by the state administering agency, of carrying out:
A. Strengthening community capabilities for planning and coordinating federal, state, and other assistance through the efforts of local officials, organizations, and interested and affected citizens who are more responsive to local needs and conditions.
B. Better organization of services related to the needs of the poor so that these services may be made more effective in helping families and individuals.
C. Greater use subject to adequate evaluation of new types of services and innovative approaches in attacking causes of poverty so as to develop increasingly effective methods of employing available resources.
D. Development and implementation of all programs and projects designed to serve the poor or low-income areas with the maximum feasible participation of residents of the areas and members of groups served so as to best stimulate and take full advantage of capabilities for self-development and assure that those programs and projects are meaningful and utilized by intended beneficiaries.
E. Broadening of the resource-based programs directed to the amelioration of poverty so as to secure, in addition to the services and assistance of public officials, private, religious, charitable, and neighborhood organizations, and individual citizens, a more active role for business, labor, and professional groups in order to provide employment opportunities and otherwise influence the quantity and quality of services of concern to the poor.
F. Conform to such supplementary criteria as a state administering agency may prescribe to carry out the provisions of this chapter.
HISTORY: 1983 Act No. 143 Section 6.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 45 - Community Economic Opportunity Act Of 1983 › Section 43-45-70. Authority of community-based organizations.

A community-based organization has authority under this chapter to receive and administer funds, to receive funds and contributions from private or local public sources to be used in support of a community-based program, and funds received under any federal or state assistance program. A community-based organization is empowered to transfer funds so received and to delegate powers to other agencies, subject to approval by and under such conditions as may be prescribed by the state administering agency.
HISTORY: 1983 Act No. 143 Section 7.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 45 - Community Economic Opportunity Act Of 1983 › Section 43-45-80. Purposes for which funds may be utilized.

Each community-based organization which receives funds pursuant to this chapter must utilize the funds in the planning, administration, and evaluation of antipoverty programs designed to assist participants including, but not limited to, elderly and poor, to:
A. Secure and retain meaningful employment.
B. Attain an adequate education.
C. Make better use of available income.
D. Obtain and maintain adequate housing and a suitable living environment.
E. Obtain emergency assistance through loans or guarantees to meet the immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, employment-related assistance, and energy assistance.
F. Remove obstacles and solve family problems which block the achievement of self-sufficiency.
G. Achieve greater participation in the affairs of the community.
H. Make more effective use of other programs related to the purposes of this chapter.
HISTORY: 1983 Act No. 143 Section 8.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-10. Authority to provide for commission; counties served by commission pursuant to state law.

A county by ordinance may provide for a human resources commission to serve that county. The provisions of this chapter do not apply to a county served by a human resources commission pursuant to state law.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-20. Commission declared body politic and corporate; membership not office of honor or profit.

The commission is declared to be a body politic and corporate and may exercise all its rights and privileges. Membership on the commission is not an office of honor or profit.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-30. Composition of commission.

(A) The commission must be composed of at least three members who reside in the county as follows:
(1) One-third of the members must be elected public officials, or their representatives.
(2) One-third of the members must be persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the areas served.
(3) One-third of the members must be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the area served.
(B) The commission may increase the total membership, if necessary, to comply with the provisions of Section 43-47-70 or to meet additional federal requirements if the increase is accomplished in multiples of three in order to retain the basic structure of the commission as provided for in subsection (A).
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-40. Selection and appointment of members.

After the candidates for nomination to the commission have met the eligibility criteria and have been selected for membership in accordance with the requirements of the Economic Opportunity Act of 1964, Public Law 92-424, as amended, and the Headstart, Economic Opportunity, and Community Partnership Act of 1974, Public Law 93-644, and the regulations promulgated under the acts, they must be confirmed as members of the commission by appointment of the members of the legislative delegation representing Anderson County. If other counties petition to join the commission, then the appointments to the commission must be by the members of the legislative delegations of the petitioning counties.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-50. Term of office.

The terms of office are for two years, except no public official may continue to serve if he ends his term as a public official. No member of the commission selected under Section 43-47-30(A)(2) or (3) may serve for more than five consecutive years nor more than a total of ten years.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-60. Compensation; filling of vacancies.

Members of the commission serve without compensation except as otherwise provided for by federal authorization. A vacancy must be filled for the remainder of the unexpired term by selection and appointment in the same manner as provided for the original appointment.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-70. Petition for membership by inadequately represented groups; federal guidelines to govern; increase of membership for added seat.

The commission shall establish procedures under which community agencies or organizations and representative groups of the poor which feel themselves inadequately represented on the commission may petition for adequate membership. In this regard, the commission is governed by the federal regulations and guidelines promulgated under Public Law 92-424, as amended, and Public Law 93-644. If the commission finds that a petition for membership is meritorious and a seat is warranted, the membership must be increased as provided for in Section 43-47-30(B).
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-80. Election of officers; record of membership.

Immediately upon appointment of the commission, it shall organize by electing from its membership a chairman, a vice chairman, a secretary, and a treasurer. The commission shall file and maintain a current record of its members with the office of the clerk of court and with the legislative delegation in the county.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-90. Powers of commission.

The commission may:
(1) sue and be sued;
(2) adopt, use, and alter a corporate seal;
(3) make bylaws for the management and regulation of its affairs;
(4) appoint agents, employees, and servants, prescribe their duties, fix their compensation, and determine if and to what extent they must be bonded for the faithful performance of their duties;
(5) undertake the improvement of communication and cooperation among existing and future programs administered by federal, state, county, and municipal governmental agencies and private organizations designed to improve the health, education, welfare, housing, or employment of the low income residents of the county and, with the consent of the agencies and organizations, coordinate the services;
(6) enter into contracts and agreements for performance of its programs and duties with federal, state, county, and municipal governmental agencies and their subdivisions and private nonprofit organizations;
(7) receive and expend funds for the performance of its duties in the administration of its programs from the governmental agencies and their subdivisions and private nonprofit organizations, as well as any other sources;
(8) designate an executive committee from among the members of the commission to which may be delegated one or more duties and responsibilities of the commission and appoint one or more subcommittees to advise and assist in the administration of its program and the performance of its duties. All committees designated must be represented by the three categories in the same proportion as the full commission;
(9) maintain adequate accounts and records of its activities, receipts, and expenses in conformance with requirements of a contract or agreement with a federal, state, county, or municipal governmental agency, or its subdivision, or a private nonprofit organization. However, the commission must obtain competitive bids on all contracts, purchases, or leases which are greater than one thousand dollars;
(10) acquire, own, or hold in trust, preserve, restore, maintain, or lease property, facilities, and equipment reasonably necessary for the performance of its duties and the administration of its programs;
(11) do other things as may be necessary to perform the duties prescribed in this chapter.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-100. Commission property exempt from ad valorem taxes.

All property of the commission is exempt from all ad valorem taxes levied by the county or its municipalities or divisions, subdivisions, or agencies, directly or indirectly.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-110. Fiscal year; audit.

The commission shall conduct its affairs on the fiscal year basis of July first to June thirtieth. As shortly after the close of its fiscal year as may be practicable, an audit of its affairs must be made by a certified public accountant to be designated by the commission. Copies of the audit, incorporated into an annual report of the commission, must be filed with the legislative delegation of the county and the governing bodies of each county.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 47 - County Human Resources Commission › Section 43-47-120. Action by regular or special meeting; quorum.

Action required of the commission may be taken at a regular or special meeting, and at the meeting fifty percent of the total membership constitutes a quorum.
HISTORY: 1993 Act No. 46, Section 1, eff May 13, 1993.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-20. Department of Public Health.

Section effective July 1, 2024. See, also, Section 44-1-20 effective until July 1, 2024.
There is created the South Carolina Department of Public Health.
HISTORY: 1962 Code Section 32-0.1; 1973 (58) 685; 1993 Act No. 181, Section 1030; 2012 Act No. 222, Section 11, eff June 7, 2012; 2023 Act No. 60 (S.399), Section 3.A, eff July 1, 2024.
Editor's Note
2012 Act No. 222, Section 15, provides as follows:
"SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires."
Effect of Amendment
2023 Act No. 60, Section 3.A, rewrote the section.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-30. Meetings of Board; compensation of members.

The Board shall meet at least quarterly and the members shall receive such compensation for their services as is provided by law for members of boards and commissions.
HISTORY: 1962 Code Section 32-0.2; 1973 (58) 685.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-40. Selection, term, and salary of director.

The board shall select a director for the department who shall serve a four-year term and who shall have such authority and perform such duties as may be directed by the board. The salary of the director shall be fixed by the board, upon approval of the State Fiscal Accountability Authority. For any vacancy occurring in the office of director on or after February 1, 1995, the board, after consultation with and approval by the Governor, must submit the name of its appointee to the Senate for the Senate's advice and consent. On or after February 1, 1995, the board may remove a director only after consultation with and approval by the Governor.
HISTORY: 1962 Code Section 32-0.3; 1973 (58) 685; 1993 Act No. 181, Section 1031.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-50. Administrative reviews; power to organize department.

The board may conduct such administrative reviews as may be required by law, as considered necessary by the board to render a final agency determination in matters involving the issuance, denial, renewal or revocation of permits, licenses, or other actions of the department which may give rise to a contested case pursuant to Chapter 23 of Title 1.
The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions.
HISTORY: 1962 Code Section 32-0.4; 1973 (58) 685; 1993 Act No. 181, Section 1032; 2006 Act No. 387, Section 47, 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 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-70. Rules and regulations of board must be approved by General Assembly.

All rules and regulations promulgated by the Board shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.
HISTORY: 1962 Code Section 32-0.6; 1973 (58) 685.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-80. Duties and powers of board as to communicable or epidemic diseases.

(A) The Board of Health and Environmental Control or its designated agents must investigate the reported causes of communicable or epidemic disease and must enforce or prescribe these preventive measures as may be needed to suppress or prevent the spread of these diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the State. The Board of Health and Environmental Control or its designated agents shall declare, when the facts justify it, any place as infected and, in case of hydrophobia or other diseases transmitted from animals to man, must declare such animal or animals quarantined, and must place all such restrictions upon ingress and egress of persons or animals therefrom as may be, in its judgment, necessary to prevent the spread of disease from the infected locality.
(B)(1) Whenever the board learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that it reasonably believes has the potential to cause a public health emergency, as defined in Section 44-4-130, it is authorized to notify the appropriate public safety authority, tribal authorities, and federal health and public safety authorities.
(2) The sharing of information on reportable illnesses, health conditions, unusual clusters, or suspicious events between authorized personnel must be restricted to information necessary for the treatment, control, investigation, and prevention of a public health emergency. Restriction of access to this information to those authorized personnel for the protection of public health ensures compliance with all state and federal health information privacy laws.
(3) The board and its agents must have full access to medical records and nonmedical records when necessary to investigate the causes, character, and means of preventing the spread of a qualifying health event or public health emergency. For purposes of this item, "nonmedical records" mean records of entities, including businesses, health facilities, and pharmacies, which are needed to adequately identify and locate persons believed to have been potentially exposed or known to have been infected with a contagious disease.
(4) An order of the board given to effectuate the purposes of this subsection is enforceable immediately by the public safety authority.
(5) For purposes of this subsection, the terms qualifying health event, public health emergency, and public safety authority have the same meanings as provided in Section 44-4-130.
HISTORY: 1962 Code Section 32-36; 1952 Code Section 32-36; 1942 Code Section 5011; 1932 Code Section 5054; Civ. C. '22 Section 2362; Civ. C. '12 Section 1614; 1908 (25) 998; 2002 Act No. 339, Section 22, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-90. Board shall advise municipal and county authorities.

The State Board of Health and Environmental Control or its designated agents, when it is deemed necessary by the municipal officers of any town or city or the governing body of any county, may (a) visit cities, towns, villages or localities where disease is prevalent or threatened, (b) investigate and advise with the local authorities or persons as to such measures as may tend to prevent the spread of disease or to remove or abate causes that may tend to cause or intensify disease, (c) advise, when practicable or possible, as to measures of sanitation or hygiene and (d) investigate and advise as to all matters respecting water supply, sewage, drainage, ventilation, heating, lighting or other measures connected with public sanitation or safety.
HISTORY: 1962 Code Section 32-39; 1952 Code Section 32-39; 1942 Code Section 5013; 1932 Code Section 5056; Civ. C. '22 Section 2364; Civ. C. '12 Section 1617; 1908 (25) 998; 1972 (57) 2687.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-100. Assistance from peace and health officers.

All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Health and Environmental Control and must carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44.
HISTORY: 1962 Code Section 32-37; 1952 Code Section 32-37; 1942 Code Section 5011; 1932 Code Section 5054; Civ. C. '22 Section 2362; Civ. C. '12 Section 1614; 1908 (25) 998; 1993 Act No. 181, Section 1033; 2002 Act No. 339, Section 23, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-110. Duties of department in regard to public health, in general.

The Department of Health and Environmental Control is invested with all the rights and charged with all the duties pertaining to organizations of like character and is the sole advisor of the State in all questions involving the protection of the public health within its limits.
It shall, through its representatives, investigate the causes, character, and means of preventing the epidemic and endemic diseases as the State is liable to suffer from and the influence of climate, location, and occupations, habits, drainage, scavengering, water supply, heating, and ventilation. It shall have, upon request, full access to the medical records, tumor registries, and other special disease record systems maintained by physicians, hospitals, and other health facilities as necessary to carry out its investigation of these diseases. No physician, hospital, or health facility, or person in charge of these records is liable in any action-at-law for permitting the examination or review. Patient-identifying information elicited from these records and registries must be kept confidential by the department and it is exempt from the provisions of Chapter 4 of Title 30. It shall supervise and control the quarantine system of the State. It may establish quarantine both by land and sea.
HISTORY: 1962 Code Section 32-2; 1952 Code Section 32-2; 1942 Code Section 4998; 1932 Code Section 4998; Civ. C. '22 Section 2309; Civ. C. '12 Section 1570; Civ. C. '02 Section 1085; G. S. 912; R. S. 957; 1878 (16) 729; 1892 (21) 19; 1916 (29) 958; 1972 (57) 2495; 1988 Act No. 336, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-130. Department may establish health districts and district advisory boards of health.

The Department of Health and Environmental Control may divide the State into health districts and establish in these districts advisory boards of health which shall consist of representatives from each county in the district. Boards of health now existing in the districts shall have representation on the district advisory board. Counties not having local boards of health shall be represented by individuals appointed by the county legislative delegation. The number of members of a district advisory board shall be determined by the Department with due consideration to the population and community needs of the district. District advisory boards of health shall be subject to the supervisory and advisory control of the Department. District advisory boards are charged with the duty of advising the district medical director or administrator in all matters of sanitary interest and scientific importance bearing upon the protection of the public health.
The district medical director or administrator shall be secretary of the advisory board and the district advisory board shall elect annually from its membership a chairman.
HISTORY: 1962 Code Section 32-7; 1952 Code Section 32-7; 1942 Code Sections 5000, 5024; 1932 Code Sections 5000, 5039; Civ. C. '22 Sections 2311, 2349; Civ. C. '12 Sections 1572, 1605; Civ. C. '02 Sections 1087, 1108; G. S. 914; R. S. 959, 961; 1878 (16) 729; 1883 (18) 291, 292; 1885 (19) 319; 1892 (21) 20; 1970 (56) 2561.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-140. Department may promulgate and enforce rules and regulations for public health.

Section effective July 1, 2024. See, also, Section 44-1-140 effective until July 1, 2024.
(A) The Department of Public Health may make, adopt, promulgate, and enforce reasonable rules and regulations from time to time requiring and providing for:
(1) the thorough sanitation and disinfection of all passenger cars, sleeping cars, steamboats, and other vehicles of transportation in this State and all convict camps, penitentiaries, jails, hotels, schools, and other places used by or open to the public;
(2) the sanitation of hotels, restaurants, cafes, drugstores, hot dog and hamburger stands, and all other places or establishments providing eating or drinking facilities and all other places known as private nursing homes or places of similar nature, operated for gain or profit;
(3) the safety and sanitation in the harvesting, storing, processing, handling and transportation of mollusks, fin fish, and crustaceans;
(4) the safety, safe operation and sanitation of public swimming pools and other public bathing places, construction, tourist and trailer camps, and fairs;
(5) the care, segregation, and isolation of persons having or suspected of having any communicable, contagious, or infectious disease; and
(6) the thorough investigation and study of the causes of all diseases, epidemic and otherwise, in this State, the means for the prevention of contagious disease and the publication and distribution of such information as may contribute to the preservation of the public health and the prevention of disease.
(B) The department may make separate orders and rules to meet any emergency not provided for by general rules and regulations, for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other danger to the public life and health.
HISTORY: 1962 Code Section 32-8; 1952 Code Section 32-8; 1942 Code Section 5002; 1932 Code Section 5002; Civ. C. '22 Section 2313; 1912 (27) 744; 1926 (34) 1015; 1947 (45) 115; 1968 (55) 3042; 1972 (57) 2687; 1973 (58) 297; 1977 Act No. 153 Sections 1, 2; 2023 Act No. 60 (S.399), Section 3.C, eff July 1, 2024.
Effect of Amendment
2023 Act No. 60, Section 3.C, rewrote the section.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-145. Minimum cooking temperature for ground beef; exceptions.

(A) Notwithstanding any other provision of law, ground beef or any food containing ground beef prepared by a food service provider for public consumption must be cooked to heat all parts of the food to at least one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), unless otherwise ordered by the immediate consumer.
(B) The food service provider, its business or its employees or agents, are not liable for any adverse affects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), and be given to the purchaser:
(1) in writing;
(2) as stated on the menu; or
(3) by visible sign warning.
(C) In order for an immediate consumer or purchaser, as used in this section, to request or order ground beef to be cooked to a temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), the individual must be eighteen years of age or older.
HISTORY: 2006 Act No. 338, Section 1, eff June 8, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-148. Resale for human consumption prohibited for fresh meat or fresh meat products if returned by a consumer.

Fresh meat or fresh meat products sold to a consumer may not be offered to the public for resale for human consumption if the fresh meat or fresh meat products have been returned by the consumer.
HISTORY: 2012 Act No. 173, Section 1, eff May 25, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-150. Penalty for violating rules of department.

Text of (A) effective until July 1, 2024.
(A) Except as provided in Section 44-1-151, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Health and Environmental Control, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.
Text of (A) effective July 1, 2024.
(A) Except as provided in Section 44-1-151, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Public Health, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.
(B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.
(C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.
(D) The term "notice" as used in this section means either actual notice or constructive notice.
Text of (E) effective until July 1, 2024.
(E) This section does not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10 et seq.
Text of (E) effective July 1, 2024.
(E) Reserved.
HISTORY: 1962 Code Section 32-17; 1952 Code Section 32-17; 1942 Code Section 5002-1; 1932 Code Section 5003; Civ. C. '22 Section 2314; Cr. C. '22 Section 395; 1912 (27) 744; 1977 Act No. 148 Section 1; 1983 Act No. 144 Section 1; 2006 Act No. 364, Section 1, eff June 9, 2006; 2023 Act No. 60 (S.399), Section 3.D, eff July 1, 2024.
Effect of Amendment
2023 Act No. 60, Section 3.D, in (A), substituted "Department of Public Health" for "Department of Health and Environmental Control"; and reserved (E), which had provided that this section did not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-151. Penalties for violations involving shellfish.

Notwithstanding any other provision of law, all shellfish involved in any violation of law, including any regulation, regarding shellfish may be confiscated and disposed of at the discretion of the arresting officer. Any person convicted of a second offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than two hundred dollars and not more than five hundred dollars or imprisoned for not less than thirty days and not more than sixty days. Any person convicted of a third or subsequent offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than five hundred dollars and not more than one thousand or imprisoned for not less than sixty days and not more than ninety days. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a first offense of harvesting shellfish in any polluted area may be impounded at the discretion of the arresting officer. The equipment impounded shall be delivered to the sheriff of the county in which the arrest was made and shall be retained by the sheriff. Such equipment may not be returned to the owner until the case has been finally disposed of. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a second, third, or subsequent offense of harvesting shellfish in any polluted area shall be confiscated. All such confiscated equipment shall be sold at auction by the sheriff of the county in which such second, third, or subsequent offense took place and by a representative of the State Department of Health and Environmental Control, except for weapons, which, following confiscation, shall be disposed of in the manner set forth in Sections 16-23-50, 16-23-460, and 16-23-500.
HISTORY: 1983 Act No. 144 Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-152. Disposition of revenues from fines and forfeitures for violation of shellfish laws.

Notwithstanding any other provision of law, all revenue from any fine or any forfeiture of bond for any violation of any shellfish law or regulation provided by this title must be deposited monthly with the treasurer of the county in which the arrest for such violation was made. One-third of such revenue must be retained by the county treasurer to be used for the general operating needs of the county pursuant to the direction of the governing body of the county. Two-thirds of such revenue must be remitted quarterly to the state Department of Health and Environmental Control of which one-half is to be used in enforcing shellfish laws and regulations and one-half of such revenue must be remitted quarterly to the state's general fund. All monies derived from auction sales of confiscated equipment pursuant to Section 44-1-151 must be deposited, retained, remitted, and used in the same manner as provided in this section for all revenue derived from any fine or any violation of any shellfish law or regulation. A report of fines for forfeitures of bonds regarding shellfish violations must be sent to the state Department of Health and Environmental Control monthly by each magistrate and clerk of court in this State. A report of monies derived from auction of sales of confiscated equipment must be sent to the state Department of Health and Environmental Control monthly by each sheriff.
HISTORY: 1983 Act No. 144 Section 3; 2000 Act No. 245, Section 15.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-155. Release on bail of person apprehended by shellfish patrolman upon charge of violating health and sanitary aspects of shellfish, crab, and shrimp laws or regulations.

When any person is apprehended by a shellfish patrolman upon a charge of violating the health and sanitary aspects of shellfish, crab and shrimp laws or regulations, such person upon being served with a summons by the patrolman may in lieu of being immediately brought before the proper judicial officer enter into a formal recognizance or deposit a proper sum of money in lieu of a recognizance or incarceration with the patrolman as bail which shall be not less than the minimum nor more than the maximum fine, but in no case to exceed one hundred dollars. The bail shall be turned over to the proper judicial officer. A receipt for the sum so deposited shall be given to the person by the patrolman. The summons duly served shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of bail the patrolman shall release the person so charged and he may appear in court at the time stated in and required by the summons.
HISTORY: 1962 Code Section 32-17.1; 1977 Act No. 148 Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-160. Prosecution of nuisance not affected by rule-making power of department.

Nothing contained in Section 44-1-140 shall in any way abridge or limit the right of any person to maintain or prosecute any proceedings, civil or criminal, against a person maintaining a nuisance.
HISTORY: 1962 Code Section 32-10; 1952 Code Section 32-10; 1942 Code Section 5002; 1932 Code Section 5002; Civ. C. '22 Section 2313; 1912 (27) 744; 1926 (34) 1015.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-165. Expedited Review Program established; promulgation of regulations; pilot programs; Expedited Review Fund.

(A) There is established within the Department of Health and Environmental Control the Expedited Review Program to provide an expedited process for permit application review. Participation in this program is voluntary and the program must be supported by expedited review fees promulgated in regulation pursuant to subsection (B)(1). The department shall determine the project applications to review, and the process may be applied to any one or all of the permit programs administered by the department.
(B)(1) Before January 1, 2009, the department shall promulgate regulations necessary to carry out the provisions of this section. The regulations shall include, but are not limited to, definitions of "completeness" for applications submitted, consideration of joint federal- state permitting activities, standards for applications submitted that advance environmental protection, and expedited process application review fees.
(2) Regulations promulgated pursuant to this section must not alter public notice requirements for any permits, certifications, or licenses issued by the department.
(C) Until such time as regulations are promulgated pursuant to subsection (B), the department shall conduct a pilot expedited review program to determine the most environmentally sound, cost efficient, and economically beneficial process for implementation of a statewide expedited review program. The department shall determine which permit programs, or subcomponents of a program, to include in the pilot program and also may establish pilot program expedited process application fees.
(D) There is created the Expedited Review Fund that is separate and distinct from the general fund of the State and all other funds. Fees established in regulation pursuant to subsection (B)(1) and assessed pursuant to subsection (C) must be credited to the fund and used for the costs of implementing the expedited review program. Interest accruing to the fund must be retained by the fund and used for the same purposes. Revenue in the fund not expended during a fiscal year, including fees generated pursuant to subsection (C), must be carried forward to the succeeding fiscal year and must be used for the same purposes.
(E) No later than January 1, 2008, the department shall report to the Board of Health and Environmental Control the department's findings on the implementation of the pilot expedited review program provided for in subsection (C).
HISTORY: 2006 Act No. 307, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-170. Department shall supervise local boards of health.

The Department of Health and Environmental Control may direct and supervise the action of the local boards of health in incorporated cities and towns and in all townships in all matters pertaining to such local boards.
HISTORY: 1962 Code Section 32-12; 1952 Code Section 32-12; 1942 Code Section 5006; 1932 Code Section 5015; Civ. C. '22 Section 2326; Civ. C. '12 Section 1585; Civ. C. '02 Section 1001; 1901 (23) 733.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-180. Department may establish charges for health care.

The Department of Health and Environmental Control may establish charges for maintenance and medical care for all persons served in State health centers and other health facilities under the jurisdiction of the Department and by personnel of the Department and of the health units under its jurisdiction in homes and any other places where health services are needed. The terms "medical care" and "health services" include the services of physicians, dentists, optometrists, nurses, sanitarians, physical therapists, medical social workers, occupational therapists, health aides, speech therapists, X-ray technologists, dietitians, nutritionists, laboratory technicians, and other professional and subprofessional health workers. The charges, which may be adjusted from time to time, shall be reasonable and based on the total costs of the services rendered, including operating costs, depreciation costs, and all other elements of costs.
HISTORY: 1962 Code Section 32-18; 1969 (56) 773; 1970 (56) 2410.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-190. Department may investigate ability to pay and determine amount of charges; contracts for care and treatment.

The Department of Health and Environmental Control shall make such investigations as it deems necessary to determine which persons or which of the parents, guardians, trustees, committees or other persons or agencies legally responsible therefor are financially able to pay the expenses of the care and treatment, and may contract with any person or agency for the care and treatment of any person to the extent permitted by the resources available to the Department. The Department may require any county or State agency to furnish information which would be helpful to it in making the investigations. In arriving at the amount to be charged, the Department shall have due regard for the financial condition and estate of the person, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents, may agree to accept a sum less than the actual cost of services. No person shall be deprived of available health services solely because of inability to pay. No fees shall be charged for services which in the judgment of the Department should be made freely available in order to protect and promote the public health.
HISTORY: 1962 Code Section 32-19; 1969 (56) 773.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-200. Department may provide home health services.

The Department of Health and Environmental Control may provide home health services to those persons living in areas of the State in which adequate home health services are not available and may charge fees for such services. Home health services shall include care of the ill and disabled rendered at home including, but not limited to, bedside care, treatment and rehabilitation services. In order that it may provide such services, the department may employ the necessary personnel, including nurses, physical therapists, speech therapists, occupational therapists, medical social workers, home health aides, nutritionists, and supervisory personnel, and may purchase equipment and materials necessary to maintain an effective program. The Department shall, wherever possible, assist and advise nonprofit agencies or associations in the development of home health services programs and may enter into agreements with such agencies or associations specifying the type of assistance and advice it will provide.
HISTORY: 1962 Code Section 32-20; 1969 (56) 773.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-210. Disposition of moneys collected.

All fees and charges collected pursuant to Sections 44-1-180 to 44-1-200, including vital statistics fees as now provided by law, shall be deposited in the State Treasury and shall be used in the operation of the public health program of the bureau, division, district health unit or local county health department which performed the services for which the fees and charges were collected. An annual report shall be made to the State Fiscal Accountability Authority, Executive Budget Office and the Revenue and Fiscal Affairs Office of the receipts and expenditures made under the provisions of Sections 44-1-180 to 44-1-200.
HISTORY: 1962 Code Section 32-21; 1969 (56) 773; 1970 (56) 2410.