reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-40. Labels; required information.

(A) Agricultural liming materials sold, offered, or exposed for sale in this State shall have affixed to each package in a conspicuous manner on the outside, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
(1) the net weight of the agricultural liming material;
(2) the brand or trade name of the material;
(3) the identification of the product as to type of the agricultural liming material as defined in Section 46-26-20;
(4) calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents as prescribed by regulations established by the commission;
(5) the minimum percentage of calcium and magnesium expressed as elemental calcium (Ca) and elemental magnesium (Mg). Calcium and magnesium also may be expressed as oxides or carbonates in addition to the elemental expression;
(6) the minimum percent by weight passing through United States Standard sieves as prescribed by regulations established by the commission; and
(7) the name and principal office address of the manufacturer or distributor.
(B) Landplaster sold, offered for sale, or distributed in this State shall have affixed to each package's exterior in a conspicuous manner, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
(1) the name and address of the manufacturer or distributor guaranteeing the landplaster;
(2) the brand or trade name of the material;
(3) the net weight; and
(4) the guaranteed analysis showing the minimum percentages of calcium and sulfur.
(C) No information or statement shall appear on a package, label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type, or composition of the agricultural liming material.
(D) In the case of any material which has been adulterated subsequent to packaging, labeling, or loading of it and before delivery to the consumer, a plainly marked notice to that effect must be affixed by the vendor to the package or delivery slip to identify the kind and degree of adulteration in it.
HISTORY: 1976 Act No. 495 Section 4; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-50. Distributors; application to engage in business; permits; fees.

A person desiring to become a distributor as defined in this chapter, before engaging in this business, shall make application to the commission on application forms furnished by the commission for a permit to do business in South Carolina. Each application should be accompanied by a remittance of twenty dollars for each distributor as a fee for issue of permit. The applicant shall guarantee compliance with all provisions of this chapter which apply to the sale of bulk liming materials, or landplaster, or both, which shall include delivery to the consumer the bulk liming materials, or landplaster, or both, purchased. Upon approval by the commission, a copy of the permit must be furnished to the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits expire on June thirtieth of each year.
HISTORY: 1976 Act No. 495 Section 5; 1992 Act No. 378, Section 4, eff May 15, 1992; 2008 Act No. 353, Section 2, Pt 30A.3, eff July 1, 2008; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-60. Registration of products; application.

(A) Each separately identified product must be registered before being distributed in this State. The application for registration must be submitted to the commission on forms furnished or approved by the commission or its duly authorized representative and must be accompanied by a fee of twenty dollars per product. Upon approval by the commission or its duly authorized representative, a copy of the registration must be furnished to the applicant. All registrations must expire on June thirtieth of each year.
(B) A distributor is required to register any brand of agricultural liming material, or landplaster, or both, if it has been duly registered under this chapter by another person, providing the label does not differ in any respect.
HISTORY: 1976 Act No. 495 Section 6; 1992 Act No. 378, Section 4, eff May 15, 1992; 2008 Act No. 353, Section 2, Pt 30A.3, eff July 1, 2008; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-70. Quarterly tonnage reports; publication and distribution.

(A) A report of tonnage is due quarterly for periods ending September thirtieth, December thirty-first, March thirty-first, and June thirtieth. The report is due within thirty days following the end of each quarter covering tonnage of bulk liming materials, or landplaster, or both, sold during the preceding quarter by the registrant transacting, distributing, or selling in South Carolina. If the tonnage report is not filed within thirty days after the date due, the registration of the bulk liming products, landplaster, or both, must be canceled automatically. If the report is false, fifteen days after due written notice and opportunity for hearing have been given, the commission may cancel the registration of the bulk liming material, or landplaster, or both, by the delinquent registrant.
(B) The commission shall publish and distribute annually, to each agricultural liming material and landplaster registrant and other interested persons, a composite report showing the tons of agricultural liming material and landplaster sold in each county of the State. This report shall not divulge the operation of a registrant.
HISTORY: 1976 Act No. 495 Section 7; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-80. Inspections and analyses; duty of the Commission.

(A) It is the duty of the commission who may act through its authorized agent to sample, inspect, make analyses of and test agricultural liming materials and landplaster distributed within the State as it may consider necessary to determine whether the agricultural liming materials and landplaster are in compliance with the provisions of this chapter. Any officer or agent of the commission or of a committee authorized by the commission may enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material and landplaster subject to the provisions of this chapter and regulations pertaining to it, and to the records relating to their distribution.
(B) The methods of analysis and sampling shall be those approved by the commission and shall be guided by the Association of Official Analytical Chemists procedures.
(C) The results of official analysis of agricultural liming materials and landplaster and portions of official samples must be distributed by the commission as provided in the regulations at least annually.
HISTORY: 1976 Act No. 495 Section 8; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-90. Stop sales or removal orders; release of materials.

(A) The commission or its duly authorized representative may issue and enforce a written or printed stop sale, use or removal order to the owner or custodian of any lot of agricultural liming materials, or landplaster, or both, and to hold at a designated place when the commission finds agricultural liming material, or landplaster, or both, is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and such agricultural liming material, or landplaster, or both, is released in writing by the commission, or the violation has been otherwise legally disposed of by written authority.
(B) The commission or its duly authorized representative shall release the agricultural liming material, or landplaster, or both, which has been subjected to an order under subsection (A) when the requirements of this chapter have been complied with.
(C) The provisions of this section must not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter.
HISTORY: 1976 Act No. 495 Section 9; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-100. Penalties; assessment of additional fines for failure to meet guarantees.

(A) A person or dealer violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
(B) In addition to the penalties provided in subsection (A), the commission may assess additional fines when a shipment of agricultural liming materials, or landplaster, or both, fails to meet the guarantee for chemical, neutralizing value and screen size.
Assessments levied by the commission must be paid within thirty days from date of notice to manufacturer, dealer, or agent. Failure to pay penalties after notice may result in revocation of the registrant's products. All penalties must be paid by the registrant to the purchasers through the division by check or credit memorandum in case of indebtedness of the purchaser to the seller.
If the purchasers cannot be found, or if the amount due any one purchaser from the lot of agricultural liming material, or landplaster, or both, on which an assessment has been levied is less than one dollar, the amount of penalty assessed must be paid to the State Treasurer but remitted to the commission or its duly authorized representative, the proceeds to be credited to the account, the South Carolina Fertilizer Fund.
HISTORY: 1976 Act No. 495 Section 10; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-110. Seizure of goods when assessment not paid.

The commission may seize any commercial liming material, or landplaster, or both, belonging to such manufacturer, dealer, or agent if the assessment is not paid within three months after a notice to a manufacturer, dealer, or agent has been given by the commission.
HISTORY: 1976 Act No. 495 Section 11; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-120. Penalty when material is underweight.

If any agricultural liming material, or landplaster, or both, in the possession of the consumer is found by the commission to be short in weight, the registrant of the agricultural liming material, or landplaster, or both, within thirty days after official notice from the commission or its duly authorized representative, shall pay to the consumer a penalty equal to four times the value of the actual shortage. Underweight agricultural liming materials stored or offered for sale, other than in the possession of the consumer, is considered misbranded.
HISTORY: 1976 Act No. 495 Section 12; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-130. Penalty when material is not branded or labeled and tagged.

A distributor or common carrier who sells, offers for sale, or transports in this State any agricultural liming materials, or landplaster, or both, without being properly branded or having attached to its labels and tags as required by law, or any distributor who receives any agricultural liming material, or landplaster, or both, may be required to forfeit to the State a sum not to exceed the selling price of each separate package sold, offered for sale, or received, to be recovered by suit brought in the name of the State in any court of competent jurisdiction. These forfeitures, when collected must be paid to the State Treasurer who shall hold them subject to the order of the commission. However, the penalty defined in this section shall apply also to any misbranded agricultural liming material, or landplaster, or both. An agricultural liming material, or landplaster, or both, is considered to be misbranded if it carries a false or misleading statement upon or attached to the package.
HISTORY: 1976 Act No. 495 Section 13; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-140. Revocation of registration.

Where it shall appear to the commission that any registrant has been persistently fraudulent in his dealings, the commission may revoke registration or refuse to register such registrant.
HISTORY: 1976 Act No. 495 Section 14; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-150. Restrictions on sales generally.

(A) No agricultural liming material, landplaster, or both, shall be sold or offered for sale in South Carolina unless it complies with provisions of this chapter.
(B) No agricultural liming material, or landplaster, or both, shall be sold or offered for sale in South Carolina which contains toxic materials in quantities injurious to plants or animals.
HISTORY: 1976 Act No. 495 Section 15; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-160. Rules and regulations.

The commission may establish rules and regulations in regard to the inspection, analysis, distribution, and sale of agricultural liming material, landplaster, or both, that are not inconsistent with the provisions of this chapter and as in its judgment will best carry out its requirements.
HISTORY: 1976 Act No. 495 Section 16; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-170. Existing inventories; exemption.

Notwithstanding the provisions of this chapter, registrants shall be allowed not more than one year from such date to use existing inventories of labeled materials.
HISTORY: 1976 Act No. 495 Section 17; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-10. Short title.

This chapter shall be known and cited as the "South Carolina Commercial Feed Act."
HISTORY: 1962 Code Section 3-601; 1952 Code Section 3-601; 1942 Code Section 6588; 1932 Code Section 6588; Civ. C. '22 Section 3498; Civ. C. '12 Section 2421; 1910 (26) 613; 1965 (54) 568; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-20. Definitions.

(1) The term "commercial feed" means all materials distributed for use as feed or for mixing in feed except (a) whole hays, straw, cottonseed hulls, corn stover and ground corn cob and shuck; (b) raw and unprocessed fresh or frozen fish, beef, horse meat, poultry and by-products of these items, together with and including limestone and granite or similar substance, when they are not mixed with other materials; (c) unmixed whole seeds or grains of cereals when not mixed with other materials and when not in such damaged condition as to be unfit for feed purposes as determined by inspection.
(2) The term "pet" means any domesticated animal normally maintained in or near the household of the owner.
(3) The term "pet food" means any commercial feed prepared and distributed for consumption by pets.
HISTORY: 1962 Code Section 3-602; 1952 Code Section 3-602; 1942 Code Section 6593-1; 1932 Code Section 1367; Cr. C. '22 Section 267; Cr. C. '12 Section 480; 1910 (36) 613; 1922 (32) 843; 1936 (39) 1615; 1941 (42) 119; 1959 (51) 290; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-30. Unmixed crushed or ground ear corn is a commercial feed.

Crushed or ground ear corn when sold by itself is a commercial feed and the sale thereof within this State shall be governed by the provisions of Articles 1 to 9 of this chapter and the regulations prescribed by the Commissioner of Agriculture.
HISTORY: 1962 Code Section 3-603; 1952 Code Section 3-603; 1942 Code Section 6597-1; 1932 Code Section 1368; Cr. C. '22 Section 268; Cr. C. '12 Section 481; 1906 (25) 101; 1910 (26) 613; 1920 (31) 853; 1923 (33) 93; 1954 (48) 1471; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-40. Certain sales unlawful.

It shall be unlawful for any manufacturer, importer, jobber, agent or dealer to (1) sell or offer or expose for sale or distribution in this State any commercial feed without complying with the requirements of Articles 1 to 9 of this chapter or (2) sell or offer or expose for sale or distribution any commercial feed which contains substantially a smaller percentage of crude protein, crude fat or carbohydrates or a larger percentage of crude fiber than certified to be contained.
HISTORY: 1962 Code Section 3-605; 1952 Code Section 3-605; 1942 Code Section 6602-1; 1937 (40) 532; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-50. Seeds shall not be treated with poisons if destined for manufacture into commercial feed.

It shall be unlawful for any person to offer for sale any seeds which have been treated with poisons if destined to be manufactured into commercial feeds.
HISTORY: 1962 Code Section 3-607; 1952 Code Section 3-607; 1942 Code Section 6587; 1932 Code Section 6587; Civ. C. '22 Section 3497; Civ. C. '12 Section 2420; 1910 (26) 613; 1936 (39) 1592; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-60. Standard weights of bags and packages.

All commercial feeds shall be packed in standard weight bags or packages of twenty-five, fifty, seventy-five, one hundred, one hundred twenty-five, one hundred fifty, one hundred seventy-five or two hundred pounds. The Commissioner may prescribe other standard bag or package weights if they are in the consumer's interest or if they are to promote uniformity or are consistent with good trade practices.
HISTORY: 1962 Code Section 3-608; 1952 Code Section 3-608; 1942 Code Section 6596; 1932 Code Section 6596; Civ. C. '22 Section 3506; Civ. C. '12 Section 2429; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-70. Rules and regulations of Commissioner.

The Commissioner shall from time to time prescribe and publish regulations for carrying out the provisions of Articles 1 to 9 of this chapter.
HISTORY: 1962 Code Section 3-609; 1952 Code Section 3-609; 1942 Code Section 6597; 1932 Code Section 6597; Civ. C. '22 Section 3507; Civ. C. '12 Section 2430; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-210. Statement and sample to be filed.

Each manufacturer, importer, jobber, agent or seller before selling or offering or exposing for sale in this State any commercial feed shall, for each and every feed bearing a distinct name or trademark, file for registration with the Commissioner a copy of the statement required in Section 46-27-310 and accompany the statement, on request, by a sealed container of at least one pound of the commercial feed. The sample shall correspond within reasonable limits to the feed which it represents in the percentages of crude protein, crude fat and crude fiber which it contains.
HISTORY: 1962 Code Section 3-611; 1952 Code Section 3-611; 1942 Code Section 6589; 1932 Code Section 6589; Civ. C. '22 Section 3499; Civ. C. '12 Section 2422; 1910 (26) 613; 1936 (39) 1592, 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-220. If manufacturer files statement, seller need not.

Whenever a manufacturer, importer or jobber of any commercial feed shall have filed a statement, as required by Section 46-27-210, no agent or seller of such manufacturer, importer or jobber shall be required to file such statement.
HISTORY: 1962 Code Section 3-612; 1952 Code Section 3-612; 1942 Code Section 6590; 1932 Code Section 6590; Civ. C. '22 Section 3500; Civ. C. '12 Section 2423; 1910 (26) 613; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-230. Refusal or cancellation of registration.

The Commissioner may refuse the registration of any commercial feed under a name which would be misleading as to the materials of which it is composed or when the names of all ingredients of which it is composed are not stated. Should any commercial feed be registered and it is afterward discovered that it does not comply with the provisions of Articles 1 to 9 of this chapter, the Commissioner shall notify the registrant of the noncompliance. The notice shall apprise the registrant that he may request a hearing within thirty days of receipt of the notice. If such request for a hearing is made within the time allowed, the Commissioner shall schedule a hearing within thirty days after receipt of the request and shall allow the registrant to refute the allegations of noncompliance. If, after the hearing, the Commissioner is still convinced that the commercial feed does not comply with the provisions of Articles 1 to 9 of this chapter he may cancel such registration.
HISTORY: 1962 Code Section 3-613; 1952 Code Section 3-613; 1942 Code Section 6591; 1932 Code Section 6591; Civ. C. '22 Section 3501; Civ. C. '12 Section 2424; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
Article 5
Labeling
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-310. Labeling of commercial feeds.

Every lot or parcel of commercial feed sold or offered or exposed for sale within this State shall have affixed thereto or printed thereon in a conspicuous place on the outside a legible and plainly printed statement in the English language clearly and truly certifying:
(1) The weight of the package;
(2) The name, brand or trademark under which the article is sold;
(3) The name and address of the manufacturer, jobber or importer;
(4) The name of each and all ingredients of which the article is composed; provided, that the Commissioner by regulation may permit the use of a collective term for a group of ingredients which perform a similar function or he may exempt such commercial feeds or any group thereof from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers;
(5) A statement of the minimum percentage of crude protein, the minimum percentage of crude fat and the maximum percentage of crude fiber.
HISTORY: 1962 Code Section 3-621; 1952 Code Section 3-621; 1942 Code Section 6587; 1932 Code Section 6587; Civ. C. '22 Section 3497; Civ. C. '12 Section 2420; 1910 (26) 613; 1936 (39) 1592; 1954 (48) 1696; 1971 (57) 261; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-320. Labels shall not be fastened to bag by metal holders.

No tags, cards or descriptive matter shall be fastened by metal holders to bags containing commercial feed, including sacked cottonseed meal and hulls.
HISTORY: 1962 Code Section 3-622; 1952 Code Section 3-622; 1942 Code Section 6592; 1932 Code Section 6592; Civ. C. '22 Section 3502; Civ. C. '12 Section 2425; 1910 (26) 613; 1915 (29) 142; 1936 (39) 1592, 1615; 1937 (40) 532; 1941 (42) 119; 1948 (45) 1815; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-330. Cards for sales in bulk.

Whenever any commercial feed is kept for sale in bulk, stored in bins or otherwise, the manufacturer, dealer, jobber or importer keeping it for sale shall keep cards of proper size upon which the statement required by Section 46-27-310 shall be plainly printed; and if the commercial feed is sold at retail in bulk or if it is put up in packages belonging to the purchaser, the manufacturer, dealer, jobber or importer shall furnish the purchaser with one of the cards upon which is printed the statement required by Section 46-27-310.
HISTORY: 1962 Code Section 3-623; 1952 Code Section 3-623; 1942 Code Section 6592; 1932 Code Section 6592; Civ. C. '22 Section 3502; Civ. C. '12 Section 2425; 1910 (26) 613; 1915 (29) 142; 1936 (39) 1592, 1615; 1937 (40) 532; 1941 (42) 119; 1948 (45) 1815; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-340. How percentages are determined.

The percentages of crude protein, crude fat and crude fiber required to be stated under the provisions of Section 46-27-310 shall be determined by the methods in use at the time by the Association of Official Analytical Chemists of the United States.
HISTORY: 1962 Code Section 3-624; 1952 Code Section 3-624; 1942 Code Section 6587; 1932 Code Section 6587; Civ. C. '22 Section 3497; Civ. C. '12 Section 2420; 1910 (26) 613; 1936 (39) 1592; 1971 (57) 261; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-410. Commissioner may inspect and take samples.

The Commissioner, together with his deputies, agents and assistants shall have access to all places of business, mills and storage facilities used in the manufacture, importation or sale of any commercial feed and may open any package containing or supposed to contain any commercial feed during the normal operating hours of business and upon tender and payment of the selling price of samples, take therefrom, in the manner prescribed in this article, samples for analysis.
HISTORY: 1962 Code Section 3-631; 1952 Code Section 3-631; 1942 Code Section 6595; 1932 Code Section 6595; Civ. C. '22 Section 3505; Civ. C. '12 Section 2428; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-420. Analysis of samples; how samples are taken.

The Commissioner shall annually cause to be analyzed at least one sample so taken of every commercial feed that is found, sold or offered or exposed for sale in this State under the provisions of Articles 1 to 9 of this chapter. The samples, not less than one pound in weight, shall be taken from not less than ten bags or packages, or if there be less than ten bags or packages, then from each bag or package, if it be in bag or package form, or if such commercial feed be in bulk, then from ten different places of the lot.
HISTORY: 1962 Code Section 3-632; 1952 Code Section 3-632; 1942 Code Section 6595; 1932 Code Section 6595; Civ. C. '22 Section 3505; Civ. C. '12 Section 2428; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-430. Publication of results of analyses.

The Commissioner may publish from time to time in reports or bulletins the results of the analyses of such samples, together with such additional information as circumstances advise; provided, however, that if such a sample as analyzed by the Commissioner differs from the statement prescribed in Section 46-27-310, then at least thirty days before publishing the results of such analysis the Commissioner shall give written notice of such results to the manufacturer, importer, agent or jobber of such stock, if the name and address of such manufacturer, jobber or importer be known; provided, further, that if the analysis of any such sample does not differ substantially from the statement prescribed by Section 46-27-310, appearing upon the goods, the manufacturer may be considered as having complied with the requirements of Articles 1 to 9 of this chapter.
HISTORY: 1962 Code Section 3-634; 1952 Code Section 3-634; 1942 Code Section 6595; 1932 Code Section 6595; Civ. C. '22 Section 3505; Civ. C. '12 Section 2428; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-440. Obstructing inspection of feed.

Any manufacturer, importer, jobber or dealer who refuses to comply with the requirements of the provisions of Articles 1 to 9 of this chapter or any manufacturer, importer, jobber or person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any chemist, inspector or other authorized agent in the performance of his duty in connection with the provisions of such articles shall be guilty of a violation of the provisions of such articles.
HISTORY: 1962 Code Section 3-635; 1952 Code Section 3-635; 1942 Code Section 6597-3; 1932 Code Section 1370; Cr. C. '22 Section 270; Cr. C. '12 Section 483; 1906 (25) 101; 1910 (26) 613; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-450. Analysts, chemists, and inspectors.

The Commissioner shall appoint such analysts, chemists and inspectors as may be required to carry out the provisions of Articles 1 to 9 of this chapter.
HISTORY: 1962 Code Section 3-636; 1952 Code Section 3-636; 1942 Code Section 6600; 1932 Code Section 6600; Civ. C. '22 Section 3510; Civ. C. '12 Section 2433; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-460. Certificate of analyst as prima facie evidence.

In all prosecutions in the courts of this State arising under the provisions of Articles 1 to 9 of this chapter and the regulations made in accordance therewith, the certificate of the analyst or other officer making the analysis or examination when duly sworn to and subscribed by such analyst or officer shall be prima facie evidence of the facts therein certified.
HISTORY: 1962 Code Section 3-637; 1952 Code Section 3-637; 1942 Code Section 6598-1; 1932 Code Section 1372; Cr. C. '22 Section 272; Cr. C. '12 Section 485; 1906 (25) 101; 1910 (26) 613; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-610. Commissioner may suspend sales of feed.

If at any time the Commissioner or his duly authorized representative shall have reason to believe that any commercial feed offered or exposed for sale in this State does not comply with the requirements of Articles 1 to 9 of this chapter, as to the ingredients or substances of such commercial feed, he shall by written order suspend the sale of it until he shall have satisfied himself that such commercial feed is made up or compounded as required by such articles. If he shall find that such commercial feed does not comply with such articles, then he is authorized to proceed with regard to it as provided in Sections 46-27-620 to 46-27-640.
HISTORY: 1962 Code Section 3-653; 1952 Code Section 3-653; 1942 Code Section 6594; 1932 Code Section 6594; Civ. C. '22 Section 3504; Civ. C. '12 Section 2427; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-620. Forfeiture for violation of Section 46-27-40.

If any manufacturer, importer, jobber, agent or dealer shall be guilty of a violation of Section 46-27-40, the lot of commercial feed in question shall be seized and condemned, sold or destroyed by the Commissioner, or his duly authorized representative, and the proceeds from such sales shall be covered into the State Treasury for the use of the Department of Agriculture.
HISTORY: 1962 Code Section 3-654; 1952 Code Section 3-654; 1942 Code Section 6593; 1932 Code Section 6593; Civ. C. '22 Section 3503; Civ. C. '12 Section 2426; 1910 (26) 613; 1924 (33) 1084; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-630. How sales are made.

Such seizure and sale shall be made by the Commissioner or under the direction of any officer of his appointment. The sale shall be made at the courthouse door of the county in which the seizure is made; provided that whenever, for sufficient reasons appearing to the Commissioner or his representative, another place of sale is more convenient and more desirable, such place of sale may be selected. The sale shall be advertised for thirty days in a newspaper published in the county in which the seizure is made or if no newspaper is published in such county, then it shall be advertised in a newspaper published in the nearest county having a newspaper. The advertisement shall state the brand or name of the goods, the quantity, why seized and offered for sale and the time and place of sale.
HISTORY: 1962 Code Section 3-655; 1952 Code Section 3-655; 1942 Code Section 6593; 1932 Code Section 6593; Civ. C. '22 Section 3503; Civ. C. '12 Section 2426; 1910 (26) 613; 1924 (33) 1084; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-640. When seized feed may be released.

The Commissioner, however, may in his discretion release the commercial feeds so withdrawn when the requirements of the provisions of Articles 1 to 9 of this chapter have been complied with and upon payment of all the costs or expenses incurred in any proceeding connected with such seizure and withdrawal.
HISTORY: 1962 Code Section 3-656; 1952 Code Section 3-656; 1942 Code Section 6593; 1932 Code Section 6593; Civ. C. '22 Section 3503; Civ. C. '12 Section 2426; 1910 (26) 613; 1924 (33) 1084; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-650. Commissioner to notify dealer and solicitor of violations; prosecution.

Whenever the Commissioner, or his duly authorized representative, becomes cognizant of any violation of the provisions of Articles 1 to 9 of this chapter, he shall immediately notify in writing the manufacturer, importer, jobber or dealer, if known, and after thirty days he shall notify the circuit solicitor who shall cause such person so violating any such provision to be prosecuted in the manner prescribed by law.
HISTORY: 1962 Code Section 3-657; 1952 Code Section 3-657; 1942 Code Section 6598; 1932 Code Section 6598; Civ. C. '22 Section 3508; Civ. C. '12 Section 2431; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-660. Penalty.

Any manufacturer, importer, jobber, agent or dealer who shall be convicted of violating any of the provisions of Articles 1 to 9 of this chapter or the regulations adopted by the Commissioner shall be fined not exceeding two hundred fifty dollars for the first offense nor more than five hundred dollars for each subsequent offense.
HISTORY: 1962 Code Section 3-658; 1952 Code Section 3-658; 1942 Code Section 6597-4; 1932 Code Section 1371; Cr. C. '22 Section 271; Cr. C. '12 Section 484; 1906 (25) 101; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-670. Use of fines.

The proceeds from such fines shall be covered into the State Treasury for use of the Department of Agriculture.
HISTORY: 1962 Code Section 3-659; 1952 Code Section 3-659; 1942 Code Section 6597-4; 1932 Code Section 1371; Cr. C. '22 Section 271; Cr. C. '12 Section 484; 1906 (25) 101; 1910 (26) 613; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-680. Schedule of penalties; payment.

If the analysis of an official sample shows a deviation from permitted analytical variation established by the Commissioner, the registrant or other responsible person shall be penalized according to the following schedule:
Component Deviating Method of Penalty Assessment Crude protein Two times the relative percentage1 of deviation from the guarantee multiplied by the retail value of the commercial feed. Crude fat Ten percent of the retail value of the lot of commercial feed. Crude fiber Ten percent of the retail value of commercial feed.
Penalties for multiple deficiencies within a sample shall be additive; provided, that in no case shall the penalty exceed the retail value of the product. The minimum penalty under any of the foregoing provisions shall be twenty-five dollars or the retail value of the product, whichever is smaller, regardless of the value of the deficiency.
Within sixty days from the date of written notice by the Commissioner or his duly designated agent to the manufacturer, guarantor, dealer or agent, all penalties assessed and collected under this section shall be paid to the purchaser of the lot of commercial feed or pet food represented by the sample analyzed. When such penalties are paid, receipts shall be taken and promptly forwarded to the Commissioner. If the consumers cannot be found, the amount of the penalty assessed shall be paid to the Commissioner who shall deposit it in the Department of Agriculture fund, of which the State Treasurer is custodian, for the express purpose of enforcement of this article.
HISTORY: 1962 Code Section 3-660; 1952 Code Section 3-660; 1942 Code Section 6599; 1932 Code Section 6599; Civ. C. '22 Section 3509; Civ. C. '12 Section 2432; 1910 (26) 613; 1915 (29) 142; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
1Example: A feed guaranteed 16.0% protein and assaying only 14.0% will be considered as 2.0% / 16.0% or 12.5% deficient in protein. The penalty will be computed as 2 × 0.125 × retail value of the feed or 0.25 × retail value of the feed.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-690. "Permitted analytical variation" defined.

The term "permitted analytical variation", as stated in Section 46-27-680, means allowance for the inherent variability in sampling and laboratory analysis in guaranteed components. Manufacturing variations and their effect on the guaranteed components are not included in such values.
HISTORY: 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-810. Declaration of purpose.

This article is designed to fully cover all preparations commonly known as condimental, patented, proprietary or trademarked stock or poultry tonic, stock or poultry regulators, stock or poultry conditioners, stock or poultry remedies and all similar preparations used for tonic, regulative, remedial or conditional purposes, and to protect the public from deception and fraud in the sale of these specific products.
HISTORY: 1962 Code Section 3-678; 1952 Code Section 3-678; 1942 Code Section 6609; 1932 Code Section 6609; Civ. C. '22 Section 3519; 1914 (28) 700; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-820. Prerequisites to sale of patent stock or poultry preparations.

Before any condimental, patented, proprietary or trademarked preparation called a "stock or poultry tonic", "stock or poultry regulator", "stock or poultry conditioner", or "stock or poultry remedy", or any similar preparation, regardless of how it may be called or the specific name or title under which it is sold, which is represented as containing tonic, remedial or other medicinal properties, is sold or offered or exposed for sale in the State, the manufacturer, importer, dealer, agent or person who causes it to be sold or offered or exposed for sale, by sample or otherwise, within this State, shall file with the Commissioner:
(1) A statement that he desires to offer such preparation for sale in this State;
(2) A certificate, the execution of which shall be sworn to before a notary public or other proper official for registration, stating
(a) the name of the manufacturer,
(b) the location of the principal office of the manufacturer,
(c) the name, brand or trademark under which the preparation will be sold;
(3) A guaranty that
(a) the preparation is not injurious to the health of domestic animals and does not conflict with the drug requirements of Articles 1 and 3 of Chapter 53 of Title 44,
(b) the name or trademark under which the article is sold will not mislead or deceive the purchaser in any way,
(c) any statement, design or device on the label or package regarding the substances contained therein shall be true and correct and any claim made for the feeding, condimental, tonic or medicinal value shall not be false or misleading in any particular;
(4) A labeled package of each brand of goods, showing the claims made for it.
HISTORY: 1962 Code Section 3-671; 1952 Code Section 3-671; 1942 Code Section 6603; 1932 Code Section 6603; Civ. C. '22 Section 3513; 1914 (28) 700; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-830. Change of labeling and claims.

The labeling and claims filed pursuant to Section 46-27-820 shall not be changed during a fiscal year for which registration has been made without the consent of the Commissioner.
HISTORY: 1962 Code Section 3-672; 1952 Code Section 3-672; 1942 Code Section 6603; 1932 Code Section 6603; Civ. C. '22 Section 3513; 1914 (28) 700; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-840. Registration fee.

For the expense incurred in registering, inspecting and analyzing the preparations referred to in Section 46-27-820, a registration fee of ten dollars for each separate brand or, in lieu thereof, a maximum fee of fifty dollars per annum covering all brands made by a single manufacturer shall be paid by the manufacturer or seller of such preparations to the Commissioner during the month of January in each year.
HISTORY: 1962 Code Section 3-673; 1952 Code Section 3-673; 1942 Code Section 6604; 1932 Code Section 6604; Civ. C. '22 Section 3514; 1914 (28) 700; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-850. Penalty.

Any person who shall offer or expose for sale any package, sample or quantity of any preparation referred to in Section 46-27-820 which has not been registered or which, though registered, is subsequently found by an analysis or examination made by or under the direction of the Commissioner to contain harmful or injurious substances or to be labeled with false or misleading statements regarding its contents or curative properties shall be guilty of a misdemeanor and upon conviction shall be fined fifty dollars for the first offense and one hundred dollars for each subsequent offense.
HISTORY: 1962 Code Section 3-674; 1952 Code Section 3-674; 1942 Code Section 6605; 1932 Code Section 6605; Civ. C. '22 Section 3515; Cr. C. '22 Section 286; 1914 (28) 700; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-860. Commissioner shall enforce article.

Whenever the Commissioner becomes cognizant of any violation of any of the provisions of this article, he shall immediately notify in writing the manufacturer, importer, jobber or dealer, if known. Any party so notified shall be given an opportunity to be heard under such regulations as may be prescribed by the Commissioner. If it appears that any of the provisions of this article have been violated, the Commissioner shall certify the facts to the solicitor in the district in which the sample was obtained and furnish that officer with a copy of the result of the analysis or other examination of the article, duly authenticated by the analyst or other officer making such examination under the oath of such officer. In all prosecutions arising under this article the certificate of the analyst or other officer making the analysis or examination, when duly sworn to by such officer, shall be prima facie evidence of the facts therein certified.
HISTORY: 1962 Code Section 3-675; 1952 Code Section 3-675; 1942 Code Section 6606; 1932 Code Section 6606; Civ. C. '22 Section 3516; 1914 (28) 700; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-870. Solicitors shall prosecute violations.

Every solicitor to whom the Commissioner shall report any violation of this article shall cause proceedings to be commenced and prosecuted without delay for the fines and penalties in such cases prescribed.
HISTORY: 1962 Code Section 3-676; 1952 Code Section 3-676; 1942 Code Section 6607; 1932 Code Section 6607; Civ. C. '22 Section 3517; 1914 (28) 700; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 27 - South Carolina Commercial Feed Act › Section 46-27-880. Fines and other moneys paid to general fund of state.

All money, including fines received under the provisions of this article, shall be paid to the general fund of the State. Payment to the general fund shall be made in conformance to procedures established by the State Fiscal Accountability Authority.
HISTORY: 1962 Code Section 3-677; 1952 Code Section 3-677; 1942 Code Section 6608; 1932 Code Section 6608; Civ. C. '22 Section 3518; 1914 (28) 700; 1915 (29) 155; 1936 (39) 1615; 1941 (42) 119; 1979 Act No. 155 Section 1.