reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 15 - Labels And Trademarks › Section 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.

(A) An owner of a mark registered under this article may bring an action to enjoin the manufacture, use, display, or sale of a counterfeit or imitation of the registered mark, and a court of competent jurisdiction may grant an injunction to restrain the manufacture, use, display, or sale as the court considers just and reasonable and may require a defendant to pay the owner profits derived from or damages suffered due to the wrongful manufacture, use, display, or sale or to pay both profits and damages. The court also may order that the counterfeit or imitation in the possession or under the control of a defendant be delivered to an officer of the court or to the complainant to be destroyed. The court in its discretion may enter judgment for an amount not to exceed three times the profits and damages or reasonable attorneys' fees of the prevailing party, or both, in cases where the court finds the other party committed the wrongful acts with knowledge or in bad faith or otherwise according to the circumstances of the case.
(B) The enumeration of a right or remedy in this article does not affect a registrant's right to prosecute under any penal law of this State.
HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 15 - Labels And Trademarks › Section 39-15-1175. Action for cancellation of registered mark or appeal from refusal to register; process in action against nonresident.

(A) An action to require cancellation of a mark registered pursuant to this article or an appeal from a refusal of the secretary to register a mark pursuant to this article must be brought in the circuit court. In an appeal the proceeding must be based solely upon the record before the secretary. In an action for cancellation the secretary may not be made a party to the proceeding but must be notified of the filing of the complaint by the clerk of the court in the county in which it is filed and must be given the right to intervene in the action.
(B) In an action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under the Rules of Civil Procedure.
HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 15 - Labels And Trademarks › Section 39-15-1180. Rights in marks not adversely affected by article.

Nothing in this article may adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 15 - Labels And Trademarks › Section 39-15-1185. Application fees.

The secretary shall charge a fee of fifteen dollars for an original application, a fee of five dollars for a renewal application, and a fee of three dollars for recording an assignment. The fees payable under this article are not refundable.
HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 16 - Sale Of Fine Prints; Disclosure Requirements › Section 39-16-10. Definitions.

As used in this chapter:
(a) "Artist" means any person who conceived or created:
(1) the master image for a fine print; or
(2) the master image which served as the model for a fine print.
(b) "Fine print" means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph.
(c) "Reproduction" means a copy of an original print made by a commercial mechanical process which does not require the use of a plate.
(d) "Art merchant" means a person who:
(1) deals in fine prints to which this article is applicable; or
(2) by his occupation holds himself out as having knowledge or skill peculiar to such works; or
(3) to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or
(4) is a professional auctioneer who holds himself out as having knowledge or skill peculiar to fine prints to which this article is applicable and who sells these works at public auctions.
(e) "Person" means an individual, auctioneer, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in Section 39-16-10(d).
(f) "Plate" means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.
(g) "Print" means a fine print.
(h) "Signed print" means a fine print autographed by the artist, whether it was signed or unsigned in the plate.
HISTORY: 1986 Act No. 396, eff September 1, 1986; 1988 Act No. 506, Sections 1, 2, eff May 9, 1988.
Effect of Amendment
The 1988 amendment in item (d), subitem (4) added the language relating to holding himself out as having knowledge or skill, and in item (e) added "auctioneer".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 16 - Sale Of Fine Prints; Disclosure Requirements › Section 39-16-20. Applicability of chapter.

This chapter does not apply to:
(a) a fine print sold before January 1, 1987.
(b) a fine print offered for sale or sold at retail or wholesale for:
(1) one hundred dollars or less if unframed; or
(2) one hundred fifty dollars or less if framed.
(c) a migratory waterfowl stamp print issued under the auspices of the South Carolina Migratory Waterfowl Committee.
(d) a fine print for which proof exists that the print was printed no less than one hundred years prior to the date of sale.
HISTORY: 1986 Act No. 396, eff September 1, 1986; 1988 Act No. 506, Section 4, eff May 9, 1988.
Effect of Amendment
The 1988 amendment added item (d) relating to a fine print which is one hundred years old or older.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 16 - Sale Of Fine Prints; Disclosure Requirements › Section 39-16-30. General prohibitions; applicability to "reproductions".

(a) An art merchant or person may not knowingly publish or distribute any catalog, prospectus, or circular which offers for sale a fine print unless it clearly and conspicuously discloses all information required by Section 39-16-40.
(b) An art merchant or person may not knowingly sell at retail or wholesale any fine print unless a written invoice, receipt for the purchase price, or certificate furnished to the purchaser clearly and conspicuously discloses all information required by Section 39-16-40.
(c) If a print is described as a "reproduction", the information required by Section 39-16-40 is not required to be disclosed unless the print allegedly was published in a limited edition, an edition of numbered or signed prints, or any combination of them.
(d) An art merchant or person offering for auction a fine print to which this article is applicable at an auction where nonart property also is sold shall provide a written invoice disclosing all information required by Section 39-16-40.
HISTORY: 1986 Act No. 396, eff September 1, 1986; 1988 Act No. 506, Section 3, eff May 9, 1988.
Effect of Amendment
The 1988 amendment added subsection (d).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 16 - Sale Of Fine Prints; Disclosure Requirements › Section 39-16-40. Disclosure requirements.

(a) An art merchant or person who sells or offers to sell a fine print shall disclose the following information:
(1) the year the plate was created.
(2) the year when printed and the name of the artist.
(3) the process used to create the print.
(4) whether the print is a part of a limited edition, and if it is:
(i) the authorized maximum number of numbered or signed prints, or both, in the edition.
(ii) the authorized maximum number of unnumbered or unsigned prints, or both, in the edition.
(iii) any authorized maximum number of artist's, publisher's, printer's, or other proofs, exclusive of trial proofs, outside the regular edition.
(iv) the total size of the edition.
(5) whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition.
(6) if there were any prior plates of the same master image, the total number of plates and a designation of the plate from which the print was taken.
(7) if there were any prior or later editions from the same plate, the series number of the edition of which the print is a part, and the aggregate size of all other editions.
(8) if the print was reproduced as a book illustration, or in a magazine article.
(9) whether the edition is a posthumous edition or restrike and, if it is, whether the plate has been reworked.
(10) the name of any workshop where the edition was printed.
(11) whether the print has been printed on acid free paper.
(b) if the art merchant lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to each of these items of information so that the purchaser is able to judge the degree of uniqueness or scarcity of each print.
(c) if the person lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to the overall authenticity of each print.
HISTORY: 1986 Act No. 396, eff September 1, 1986.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 16 - Sale Of Fine Prints; Disclosure Requirements › Section 39-16-50. Penalties.

(a) An art merchant or person who sells a fine print in violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for its purchase price, with interest, at the legal rate, from the date of payment of the purchase price.
(b) An art merchant or person who sells a fine print in wilful violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for an amount equal to three times the sum of the purchase price and interest, at the legal rate, from the date of payment of the purchase price.
HISTORY: 1986 Act No. 396, eff September 1, 1986.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-10. Declaration of purpose.

The purpose of this article is to give authority to investigate marketing conditions and to establish and maintain standard containers, grades and State brands for fresh fruits and vegetables in the State.
HISTORY: 1962 Code Section 66-321; 1952 Code Section 66-321; 1942 Code Section 6662; 1932 Code Section 6662; Civ. C. '22 Section 3569; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-20. Division of markets shall assist in marketing farm products.

The division of markets of the extension service shall investigate the subject of marketing farm products, diffuse useful information relating thereto and furnish advice and assistance to the public in order to promote efficient and economical methods of marketing farm products and it may gather and diffuse timely information concerning the supply, demand, prevailing prices and commercial movement of farm products, including quantities in common and cold storage, and may interchange such information with the United States Department of Agriculture.
HISTORY: 1962 Code Section 66-322; 1952 Code Section 66-322; 1942 Code Section 6664; 1932 Code Section 6664; Civ. C. '22 Section 3571; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-30. Division of markets shall administer article; employment of agents.

The division of markets of the extension service is charged with the execution of the provisions of this article and may employ such agents and assistants as may be necessary, fix their compensation, define their duties and require bonds in such amount as the chief of the division of markets deems advisable, conditioned upon the faithful performance of his duties by any employee or agent. No such compensation or other expense involved in the execution of this article shall be a charge against the State.
HISTORY: 1962 Code Section 66-323; 1952 Code Section 66-323; 1942 Code Section 6663; 1932 Code Section 6663; Civ. C. '22 Section 3570; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-40. Promulgation of rules and regulations.

The division of markets may make and promulgate such rules and regulations as may be necessary to carry out the provisions of this article. Such rules and regulations shall be made to conform as nearly as practicable to the rules and regulations of the Secretary of Agriculture of the United States prescribed under any act of Congress of the United States relating to the marketing of farm products.
HISTORY: 1962 Code Section 66-324; 1952 Code Section 66-324; 1942 Code Section 6669; 1932 Code Section 6669; Civ. C. '22 Section 3576; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-50. Establishment of standards of receptacles, grades and labels; use of federal standards where applicable.

After investigation and from time to time as may be practicable and advisable, the division of markets of the extension service may establish and promulgate standards of open and closed receptacles for farm products and standards for the grade and other classification of such products by which their quantity, quality and value may be determined and may prescribe and promulgate rules and regulations governing the marks, brands and labels which may be required for receptacles for farm products for the purpose of showing the name and address of the producer or packer and the quantity, nature and quality of the product, or any of them, and for the purpose of preventing deception in reference thereto and establishing a State brand for any farm product produced in the State. Any standard for any farm product or receptacle therefor or any requirement for marketing receptacles for farm products established under authority of the Congress of the United States shall forthwith, as far as applicable, be established or prescribed and promulgated as the official standard of requirement in this State. No standard established or requirement for marketing prescribed under this article shall become effective until the expiration of thirty days after it shall have been promulgated.
HISTORY: 1962 Code Section 66-325; 1952 Code Section 66-325; 1942 Code Section 6665; 1932 Code Section 6665; Civ. C. '22 Section 3572; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-60. Packing of farm products must conform to standard grades; "Not graded" products exempted.

Whenever any standard for the grade or other classification of any farm product becomes effective under this article no person shall thereafter pack for sale, offer to sell or sell within this State any such farm product to which such standard is applicable unless it conforms to the standard, subject to such reasonable variations therefrom as may be allowed in the rules and regulations made under this article. But any farm product may be packed for sale, offered for sale or sold without conforming to the standard for grade or other classification applicable thereto if it is especially described as not graded or plainly marked "Not graded."
HISTORY: 1962 Code Section 66-326; 1952 Code Section 66-326; 1942 Code Section 6666; 1932 Code Section 6666; Civ. C. '22 Section 3573; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-70. Packing must conform to standards as to receptacles and labels; exceptions.

Whenever any standard for an open or closed receptacle for a farm product shall be made effective under this article no person shall pack for sale in and deliver in a receptacle, or sell in and deliver in a receptacle, any such farm product to which such standard is applicable unless the receptacle conforms to the standard, subject to such variations therefrom as may be allowed in the rules and regulations made under this article. But the requirements as to receptacles shall not apply to produce sold or offered for sale in less than car lots. Whenever any requirement for the marketing, branding or labeling of a receptacle for a farm product becomes effective under this article no person thereafter shall pack for sale, offer for sale, consign for sale or sell and deliver any such farm product in a receptacle to which such requirement is applicable unless the receptacle be marked, branded or labeled according to such requirement or unless such product be brought from outside the State and offered for sale, consigned for sale or sold in the original package.
HISTORY: 1962 Code Section 66-327; 1952 Code Section 66-327; 1942 Code Section 6666; 1932 Code Section 6666; Civ. C. '22 Section 3573; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-80. Inspections and classifications.

The chief of the division of markets may at any time cause such inspections and classifications to be made and such certificates to be issued as he may deem necessary to enforce the provisions of this article. Such inspections shall be made without charge only when no request is made by the grower, shipper, receiver or other party and inspection is made for the purpose of demonstration or for enforcing the provisions of this article.
HISTORY: 1962 Code Section 66-328; 1952 Code Section 66-328; 1942 Code Section 6666; 1932 Code Section 6666; Civ. C. '22 Section 3573; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-90. Designation and license of inspectors.

The chief of the division of markets may designate any competent employee or agent of the division of markets and, upon satisfactory evidence of competency, may license any other person to make, upon request, inspections and classifications of farm products in accordance with standards which have become effective under this article, both at shipping points and at destination points within the State.
HISTORY: 1962 Code Section 66-329; 1952 Code Section 66-329; 1942 Code Section 6667; 1932 Code Section 6667; Civ. C. '22 Section 3574; 1921 (32) 264; 1924 (33) 1118.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-100. Suspension or revocation of license.

The chief of the division of markets may suspend or revoke any license whenever, after opportunity for a hearing has been afforded to the licensee, the chief of the division of markets shall determine that such licensee is incompetent or has knowingly or carelessly failed to classify any farm product correctly in accordance with such standards or has violated any provision of this article or of the regulations made under Section 39-17-40. Pending investigation the chief of the division of markets may suspend a license temporarily without a hearing.
HISTORY: 1962 Code Section 66-330; 1952 Code Section 66-330; 1942 Code Section 6667; 1932 Code Section 6667; Civ. C. '22 Section 3574; 1921 (32) 264; 1924 (33) 1118.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-110. Manner in which inspections must be conducted.

Inspections may be made in car lots or less than car lots and of products loaded in cars or of products not in cars. When any such inspection and classification is made, blank forms of certificates shall be furnished by the division of markets to all State inspectors, to be filled out by them to accompany each carload or less than carload lot of fruits and vegetables to market or to cover any produce inspected at its destination. When State inspection is enforced, such certificate shall name the time of such inspection and the grade of fruits and vegetables and shall contain such other information as may be required by the chief of the division of markets to be shown in the certificate, together with the words, "Graded and packed under State inspection."
HISTORY: 1962 Code Section 66-331; 1952 Code Section 66-331; 1942 Code Section 6667; 1932 Code Section 6667; Civ. C. '22 Section 3574; 1921 (32) 264; 1924 (33) 1118.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-120. Appeals, classification of products.

The owner or person in possession of any farm product classified in accordance with the provisions of this article may appeal from such classification under such rules and regulations as the division of markets may prescribe.
HISTORY: 1962 Code Section 66-332; 1952 Code Section 66-332; 1942 Code Section 6668; 1932 Code Section 6668; Civ. C. '22 Section 3575; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-130. Inspection fees.

The fee to be charged shall be determined by the chief of the division of markets and the fee for the inspection of a car or less than a car shall in no case exceed five dollars. The chief of the division of markets may fix, assess and collect, or cause to be collected, fees for such services when they are performed by employees or agents of the division of markets. License inspectors may charge and collect as compensation for their services only such fees as may be approved by the division of markets.
HISTORY: 1962 Code Section 66-333; 1952 Code Section 66-333; 1942 Code Section 6667; 1932 Code Section 6667; Civ. C. '22 Section 3574; 1921 (32) 264; 1924 (33) 1118.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-140. Violation of article, or rules and regulations, or interference with inspector constitutes a misdemeanor.

Any person who violates any provision of this article, or of the rules and regulations made under this article for carrying out its provisions, who fails or refuses to comply with any of the requirements thereof or who wilfully interferes with agents or employees in the execution or on account of the execution of their duties shall be guilty of a misdemeanor.
HISTORY: 1962 Code Section 66-334; 1952 Code Section 66-334; 1942 Code Section 6670; 1932 Code Section 6670; Civ. C. '22 Section 3577; Cr. C. '22 Section 293; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-150. Penalties.

Any person convicted of a misdemeanor under this article shall be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail for not more than thirty days or by both such fine and imprisonment, in the discretion of the court.
HISTORY: 1962 Code Section 66-335; 1952 Code Section 66-335; 1942 Code Section 6671; 1932 Code Section 6671; Civ. C. '22 Section 3578; Cr. C. '22 Section 293; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-160. Construction.

This article shall not be construed so as to conflict with any statute of the United States regulating commerce among the several states or in any place under the exclusive jurisdiction of the United States.
HISTORY: 1962 Code Section 66-336; 1952 Code Section 66-336; 1942 Code Section 6672; 1932 Code Section 6672; Civ. C. '22 Section 3579; 1921 (32) 264.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-310. Standards for grades of watermelons; grading is optional.

All watermelons shipped in carload lots from any point within this State as "Graded Melons" shall be graded according to the following standard, that is to say:
Grade 1 shall weigh not less than 44 pounds with car average of not less than 46 pounds;
Grade 2 shall weigh not less than 40 pounds with car average of not less than 42 pounds;
Grade 3 shall weigh not less than 36 pounds with car average of not less than 38 pounds;
Grade 4 shall weigh not less than 32 pounds with car average of not less than 34 pounds;
Grade 5 shall weigh not less than 28 pounds with car average of not less than 30 pounds;
Grade 6 shall weigh not less than 24 pounds with car average of not less than 26 pounds; and
Grade 7 shall weigh not less than 20 pounds with car average of not less than 22 pounds.
Such melons of whatever grade shall have been picked from live vines of a merchantable quality and shall be ripe, free from rotten ends, and from necks and blisters.
The grading of watermelons, as aforesaid, shall be optional with the shippers.
HISTORY: 1962 Code Section 66-341; 1952 Code Section 66-341; 1942 Code Section 6674; 1932 Code Section 6674; 1927 (35) 294.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-320. Carload lot shipments, grading, certificate.

The shippers of watermelons in carload lots from any point within this State, before applying to any railroad, railway, common carrier or agent thereof for a bill of lading for any such shipment, shall first certify whether or not the watermelons contained in such shipment have been graded according to the standard of grades provided in Section 39-17-310. Such certificate shall be made in writing on appropriate paper or cardboard, signed by the shipper in the presence of two disinterested witnesses, stating the variety, grade and number of melons contained in the car and the date the melons were picked and the date loaded or, if not graded, shall so state. The certificate shall be securely nailed to the inside of the car near the door and a duplicate of the certificate shall be furnished to the carrier's agent.
HISTORY: 1962 Code Section 66-342; 1952 Code Section 66-342; 1942 Code Section 6673; 1932 Code Section 6673; 1927 (35) 294.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-330. Bill of lading must refer to certificate.

The agent of the railroad, railway or other common carrier shall incorporate in its bill of lading the fact that the duplicate certificate had been delivered to him by the shipper certifying that the car contains melons of a certain grade or melons of no grade, according to the representation made in the certificate.
HISTORY: 1962 Code Section 66-343; 1952 Code Section 66-343; 1942 Code Section 6673; 1932 Code Section 6673; 1927 (35) 294.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-340. Unlawful acts; penalties.

(A) It is unlawful for a person to:
(1) ship, or undertake to ship, watermelons in carload lots from any point within this State in violation of the provisions of this article; or
(2) sign, or cause to be signed, a false certificate as to the grade and kind of melons shipped.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both.
HISTORY: 1962 Code Section 63-344; 1952 Code Section 66-344; 1942 Code Section 6675; 1932 Code Section 6675; 1927 (35) 294; 1993 Act No. 184, Section 223, eff January 1, 1994.
Effect of Amendment
The 1993 amendment rewrote this section so as to change the maximum term of imprisonment to conform to the classification established for each offense.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 17 - Containers And Grades › Section 39-17-410. Certain metal beverage containers unlawful after July 1, 1980.

Notwithstanding any other provision of law, it shall be unlawful for any wholesale distributor or retailer to sell or offer to sell, after July 1, 1980, any carbonated soft drink or malt beverage in a metal beverage container which includes a part which must be detached to open the container.
Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined twenty-five dollars for each illegal container sold.
HISTORY: 1978 Act No. 496 Section 20.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-10. Persons and corporations who must become public warehousemen.

All warehousemen engaged in the business of storing feed grains and oil seeds for persons other than themselves shall operate under the state or federal warehouse system.
HISTORY: 1962 Code Section 69-1; 1952 Code Section 69-1; 1942 Code Section 7176; 1932 Code Section 7176; Civ. C. '22 Section 3898; Civ. C. '12 Section 2582; Civ. C. '02 Section 1712; 1896 (22) 206; 1981 Act No. 156, Section 1.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-20. Warehousemen must give bond.

Every person or corporation authorized to become a public warehouseman shall give bond in a surety company authorized to do business in this State in an amount equal to ten per cent of the estimated value of the goods for which such warehouseman will provide storage, such bond to be conditioned for the faithful performance of the duties of a public warehouseman and to be given to the Secretary of State, who shall cause a copy of it to be filed with the clerk of the court in each county in which such warehouseman proposes to maintain a warehouse. Any such bond may extend over a limited period not less than one year from its date and may provide for a continuation thereof upon payment and acceptance of the annual premium in advance. But any such limitation shall not affect liabilities under the bond incurred while it was in force.
HISTORY: 1962 Code Section 69-2; 1952 Code Section 69-2; 1942 Code Section 7177; 1932 Code Section 7177; Civ. C. '22 Section 3899; Civ. C. '12 Section 2583; Civ. C. '02 Section 1713; 1896 (22) 206; 1914 (28) 8; 1915 (29) 154.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-30. Actions against warehouseman.

Whenever any such warehouseman fails to perform his duty or violates any of the provisions of this chapter, any person injured by such failure or violation may bring an action in his name and to his own use, in any court of competent jurisdiction, on the bond of such warehouseman. And in case he shall fail in such action he shall be liable to the defendant for any costs which the defendant may recover in the action.
HISTORY: 1962 Code Section 69-3; 1952 Code Section 69-3; 1942 Code Section 7178; 1932 Code Section 7178; Civ. C. '22 Section 3900; Civ. C. '12 Section 2584; Civ. C. '02 Section 1714; 1896 (22) 206.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-40. Warehouseman must insure property on request.

Every such warehouseman shall, when requested in writing by a person placing property with him on storage, cause such property to be insured for whom it may concern.
HISTORY: 1962 Code Section 69-4; 1952 Code Section 69-4; 1942 Code Section 7179; 1932 Code Section 7179; Civ. C. '22 Section 3901; Civ. C. '12 Section 2585; Civ. C. '02 Section 1715; 1896 (22) 206.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-50. Damages for use of cotton on storage without consent of owners.

Except as otherwise permitted or required under the provisions of Chapter 7 of Title 36, a person taking cotton on storage as a warehouseman, for hire or not, is prohibited from using any of such cotton or allowing anyone else to use or consume any of such cotton in manufacture or otherwise without the written consent of the owner. Any such person violating the provisions of this section shall answer to the owner thereof suing therefor in punitive damages not to exceed five thousand dollars and shall also answer for any special or other damages which any such owner may suffer by such unlawful conduct.
HISTORY: 1962 Code Section 69-5; 1952 Code Section 69-5; 1942 Code Sections 7187, 7188; 1932 Code Sections 7189, 7190; Civ. C. '22 Sections 3911, 3912; 1919 (31) 293.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-60. Disposal of stored cotton without consent of owner penalty; effect on mortgagees and other creditors.

It shall be a misdemeanor for any person doing business as a cotton factor or warehouseman and having in his warehouse any cotton on storage, the property of another, to dispose of such cotton or any portion thereof by sale, loan, pledge or otherwise to any person without the consent or approval of the owner of such stored cotton, except as permitted by the provisions of Chapter 7 of Title 36, and, upon conviction of so doing, any such person shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year.
The rights of persons holding mortgages over such cotton or of persons who have advanced or loaned money on such cotton shall not be abridged or affected by the provisions of this section, nor shall the provisions of this section affect the warehouseman's claim for storage.
HISTORY: 1962 Code Section 69-6; 1952 Code Section 69-6; 1942 Code Section 1210; 1932 Code Section 1210; Cr. C. '22 Section 98; 1920 (31) 984.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-70. Warehouseman shall keep transactions; inspection.

Every public warehouseman shall keep a book in which shall be entered an account of all his transactions relating to warehousing, storing and insuring cotton, goods, wares and merchandise and to the issuing of receipts therefor. Such books shall be open to the inspection of any person actually interested in the property to which such entries relate.
HISTORY: 1962 Code Section 69-7; 1952 Code Section 69-7; 1942 Code Section 7190; 1932 Code Section 7187; Civ. C. '22 Section 3909; Civ. C. '12 Section 2593; Civ. C. '02 Section 1723; 1896 (22) 206.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-80. Warehouse receipts issued by corporations formed, owned, or controlled by cooperatives.

Any warehousing corporation organized, formed, operated, owned or controlled by an association formed under Chapter 47 of Title 33 or in which any such association shall have an interest, own stock or be a member may issue legal warehouse receipts to the association or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented thereby. In case a warehouse of such a corporation is licensed or bonded under the laws of this State or the United States its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
HISTORY: 1962 Code Section 69-8; 1952 Code Section 69-8; 1942 Code Section 6519; 1932 Code Section 6519; Civ. C. '22 Section 3423; 1921 (32) 339.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-210. "Warehouseman" defined.

A "warehouseman" within the meaning of this article shall mean a person operating a warehouse for the sale of leaf tobacco, whether such person be the owner or lessee of such warehouse.
HISTORY: 1962 Code Section 69-21; 1952 Code Section 69-21; 1942 Code Section 7101; 1932 Code Section 7201; Civ. C. '22 Section 3923; Civ. C. '12 Section 2605; 1909 (26) 126.
Editor's Note
State Warehouse System, and regulation of warehouses, see Section 39-22-10 et seq.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-220. Maximum rates for handling and selling leaf tobacco; statement of charges.

(A) The charges and expenses of handling and selling leaf tobacco on the floor of tobacco warehouses must be posted in a conspicuous place and may not exceed the following schedule of prices determined under either subsection (B) or (C) of this section at the option of the warehouse.
(B) The first optional method for determining charges and expenses for handling and selling leaf tobacco on the floor of the tobacco warehouse is:
(1) for auction fees, fifteen cents on all piles of one hundred pounds or less and twenty-five cents on all piles over one hundred pounds;
(2) for weighing and handling, ten cents a pile for all piles of less than one hundred pounds and ten cents for each additional one hundred pounds; and
(3) for commission on the gross sales of leaf tobacco in the warehouses not to exceed two and one-half percent.
(C) The second optional method for determining charges and expenses for handling and selling leaf tobacco on the floor of the tobacco warehouse is a commission not to exceed three percent on the gross sales of leaf tobacco in the warehouses with no auction, weighing, or handling fees.
(D) The proprietor of each warehouse shall render to each seller of tobacco at his warehouse a bill, plainly stating the amount charged for weighing and handling, the amounts charged for auction fees and the commission charged on the sale. It is unlawful for any other charges or fees exceeding those named in this section to be made or accepted.
(E) The charges authorized to be imposed by this section may not be changed except on March first of each year, and the optional method chosen shall remain in effect for a period of one year from that date."
HISTORY: 1962 Code Section 69-22; 1952 Code Section 69-22; 1942 Code Section 7197; 1932 Code Section 7197; Civ. C. '22 Section 3919; Civ. C. '12 Section 2601; Civ. C. '02 Section 1731; 1896 (22) 206; 1904 (24) 468; 1905 (24) 968; 1922 (32) 904; 1971 (57) 424; 1997 Act No. 81, Section 1, eff June 10, 1997.
Effect of Amendment
The 1997 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-230. Warehousemen must keep record of amount of tobacco sold.

The warehouseman of each leaf tobacco warehouse doing business in this State shall keep a correct account of the number of pounds of leaf tobacco sold upon the floor of his warehouse daily.
HISTORY: 1962 Code Section 69-23; 1952 Code Section 69-23; 1942 Code Section 7198; 1932 Code Section 7198; Civ. C. '22 Section 3920; Civ. C. '12 Section 2602; 1909 (26) 126.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-290. Civil penalty for violating maximum rates provision; action to recover penalty.

Any person willfully violating the provisions of Section 39-19-220 shall be subject, in addition to the overcharges, to a penalty of two hundred dollars which shall be for the benefit of the person charged the excessive fee. The sales sheet or bill showing such charges and fees shall be conclusive proof of excessive charges. A complainant where successful shall be allowed court costs and a reasonable attorney's fee to be taxed and collected as a part of the cost of the action. Such action may be brought in any court of competent jurisdiction in the county where the warehouse is located, or in the county where the owner or operator is a resident.
HISTORY: 1962 Code Section 69-29; 1971 (57) 424.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-410. Declaration of purpose.

The purpose of this article is to prevent frauds in the handling and sale of leaf tobacco; to protect producers of leaf tobacco from loss of it from theft or other improper conduct of irresponsible parties; to protect all persons having a lien on any tobacco or any interest in any tobacco; and to protect persons purchasing tobacco or having contracts to purchase tobacco.
HISTORY: 1962 Code Section 69-51; 1952 Code Section 69-51; 1942 Code Section 7209; 1932 Code Section 7209; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-420. "Warehouseman" defined.

The term "warehouseman," as used in this article, is defined as any person engaged in the business of selling leaf tobacco at auction for a commission or for any other consideration or any employee of such person.
HISTORY: 1962 Code Section 69-50; 1952 Code Section 69-50; 1942 Code Section 7208; 1932 Code Section 7208; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-430. True name of owner or producer of tobacco must be furnished to warehousemen or cooperatives.

Every person who shall deliver any leaf tobacco to a warehouseman or to a cooperative marketing association for sale, offer for sale or display for sale shall impart to such warehouseman or cooperative marketing association the true name of the owner of such leaf tobacco and, in case the then owner is not the producer or the landlord on whose land such tobacco was produced, the true name of the person from whom he obtained such tobacco and the true name of the grower thereof or of the landlord on whose land it was grown.
HISTORY: 1962 Code Section 69-41; 1952 Code Section 69-41; 1942 Code Section 7204; 1932 Code Section 7204; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-440. Delivery records must be kept by warehouseman or cooperative.

Any such warehouseman or cooperative marketing association shall keep a record of such purchase or delivery showing the quantity of leaf tobacco so delivered, the name of the owner thereof given as provided in Section 39-19-430, the name of the person from whom the person other than the producer or landlord on whose land the tobacco was produced obtained it and the name of the landlord on whose land it was produced.
HISTORY: 1962 Code Section 69-42; 1952 Code Section 69-42; 1942 Code Section 7204; 1932 Code Section 7204; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-450. Information ticket or card must be placed on tobacco.

Any such warehouseman or cooperative marketing association shall place upon all leaf tobacco delivered to him or to it for sale, offer for sale or display for sale a ticket or card on which shall appear the matters and things required to be recorded by such warehouseman or cooperative marketing association under Section 39-19-440 and such cards or tickets shall be placed upon such tobacco at the time it is delivered to a warehouse for sale and shall be on such tobacco at the time it is sold.
HISTORY: 1962 Code Section 69-43; 1952 Code Section 69-43; 1942 Code Section 7205; 1932 Code Section 7205; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-460. Tickets or cards and tobacco must be open to inspection.

Such cards or tickets and such tobacco awaiting sale shall be open to the inspection of any person at any time during the regular business hours of the warehouse and any person shall have access to the place where such tobacco is being sold or is awaiting sale and to such tobacco at any time during the regular business hours of the warehouse.
HISTORY: 1962 Code Section 69-44; 1952 Code Section 69-44; 1942 Code Section 7205; 1932 Code Section 7205; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-470. Retention of tickets or cards after sale.

Such cards or tickets or duplicates or copies thereof shall, after the sale of such tobacco, be collected by the warehouseman or cooperative marketing association and shall be kept by the warehouseman or cooperative marketing association for a period of not less than fifteen days after the sale of the tobacco and for such period of fifteen days such tickets and such sale books as shall be kept by the warehouseman or cooperative association shall be open to the inspection of any person who knows or has reason to believe that there has been delivered or sold in such warehouse any tobacco in which such person or the principal or employer of such person has any legal or equitable interest. But no one shall have the right during the sale hours to inspect the books authorized in this section to be inspected.
HISTORY: 1962 Code Section 69-45; 1952 Code Section 69-45; 1942 Code Section 7205; 1932 Code Section 7205; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-480. Failure to give true name is a misdemeanor.

Any person who shall give a fictitious or false name to a warehouseman or cooperative marketing association or shall fail to give to a warehouseman or cooperative marketing association the name of the true owner of such leaf tobacco or the person from whom such tobacco was obtained or the grower and landlord, as required by Section 39-19-430, upon delivering the tobacco, shall be guilty of a misdemeanor.
HISTORY: 1962 Code Section 69-46; 1952 Code Section 69-46; 1942 Code Section 7206; 1932 Code Section 7206; 1924 (33) 993.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 19 - Warehouses And Warehousemen Generally › Section 39-19-490. Offenses by warehousemen or cooperatives.

Any warehouseman or cooperative marketing association who shall fail to comply with any of the provisions of this article; who shall place upon any pile of tobacco a ticket bearing information concerning the ownership which the warehouseman knows or has reason to believe is false; who shall sell tobacco without placing any name thereon; who shall fail and neglect to elicit from the person delivering tobacco the information required by this article; who shall deny any person the right of access to the place where tobacco is awaiting sale or being sold; who shall deny any person with an interest in tobacco the privilege of inspection of the tickets or sale books as provided in Sections 39-19-460 and 39-19-470; or who shall in any way violate any of the provisions of this article shall be guilty of a misdemeanor.
HISTORY: 1962 Code Section 69-47; 1952 Code Section 69-47; 1942 Code Section 7206; 1932 Code Section 7206; 1924 (33) 993.