reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-270. Powers and duties of boards enumerated.

The powers and duties of each commodity board shall be to:
(a) Elect a chairman and such other officers as it deems necessary;
(b) Advise the Commission with respect to the administration of any marketing agreement or order;
(c) Recommend to the Commission rules and regulations in connection with any agreement or order;
(d) Advise the Commission on assessments provided by any agreement or order and on the collection, deposit, and disbursement of all moneys;
(e) Assist the Commission in the collection of information and data as the Commission and the commodity board may deem necessary;
(f) Administer and enforce the order or agreement as its administrative board if the Commission designate it to do so or if such is prescribed by the order or agreement; and
(g) Perform such duties as the Commission may prescribe or which may be prescribed in the order or agreement.
HISTORY: 1962 Code Section 3-235.26; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-280. Commission to approve or disapprove actions of boards.

The Commission shall determine if the actions by the commodity board conform with the purposes of this chapter and with the purposes of marketing agreements or orders. The Commission shall approve or disapprove actions of the board on the basis of such compliance or noncompliance.
HISTORY: 1962 Code Section 3-235.27; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-300. Area of application of agreement or order to be defined.

Every marketing agreement and order shall define the area to which it applies which may be all or any contiguous portion of the State. The area may be defined as a production area in which case the agreement or order shall regulate all of the affected commodity produced within such area. The area may be defined as a marketing area, and the agreement or order shall regulate all of the commodity which is sold or marketed within such marketing area.
HISTORY: 1962 Code Section 3-235.29; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-310. Levy of assessments; maximum total annual assessment.

There is hereby levied, and the Commission shall collect, upon each affected unit of any agricultural commodity specified in any marketing agreement or order an annual assessment which shall be paid by the producer upon each unit sold or marketed by him. Such assessments shall be expressed as a stated amount of money per unit. The total amount of such annual assessment to be paid by all producers of such commodity shall not exceed five percent of the total market value of all affected units sold or marketed or delivered for sale or marketing by all producers of such units during the year to which the assessment applies.
HISTORY: 1962 Code Section 3-235.30; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-320. Levy of assessments; per unit rate.

In every marketing agreement and order the Commission, with the advice of the commodity board, shall prescribe the per unit rate of such assessment, and such rate may be at the full amount of, or at any lesser amount than the amount hereinabove limited. The rate may be altered or amended but only upon compliance with the procedural requirements of this chapter for amendment of marketing agreements or orders. In every such marketing agreement or order the Commission and the commodity board shall base their determination of such rate upon the volume and price of sales of affected units, or units which would have been affected units, had the agreement or order been in effect during a period which the Commission and the commodity board shall determine to be a representative period. The per unit rate of assessment prescribed in any such agreement, order, or amendment shall for all purposes and times be deemed to be within the limits of assessment above provided until such time as such agreement or order is amended as to such rate.
HISTORY: 1962 Code Section 3-235.31; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-330. Levy of assessments; payment and collection.

Each marketing order and agreement shall prescribe the time, place, and method for payment and collection of assessments upon any uniform basis applicable alike to all producers subject to such assessment. For such purposes the Commission may take such action and means as provided by the order or agreement to collect such assessment. Unless otherwise provided in any marketing order or agreement, assessments payable by producers shall be paid prior to the time when the affected unit is shipped off the farm, and assessments payable to handlers shall be paid prior to the time when the affected units are received by or for the account of the first handler. No affected units shall be transported, sold, marketed or otherwise handled or disposed of until every due assessment has been paid and the receipt issued.
HISTORY: 1962 Code Section 3-235.32; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-340. Disposition of moneys collected under agreement or order; expenditures.

Moneys collected by the Commission pursuant to any marketing order or agreement from any assessment or as an advance deposit thereon shall be used by the Commission and the commodity board only for the purpose of paying for expenses and costs arising in connection with the administration, amendment or termination of such order or agreement. Overhead expenses of the Department with respect to such marketing order or agreement shall be paid by funds appropriated by law and shall not be borne by any assessment.
HISTORY: 1962 Code Section 3-235.33; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-350. Refunds.

Any moneys collected by the Commission and the commodity board pursuant to any marketing agreement or order during any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the commodity board shall recommend and which the Commission shall determine to be reasonable to all persons from whom such moneys were collected or such moneys may be carried over and used in the next succeeding season, year, or period whenever the Commission and the commodity board find that it is advisable. Upon the termination of any marketing agreement or order all moneys remaining, and not required to defray the expenses or repay the obligations incurred by such agreement or order, shall be returned by the Commission on a pro rata basis to all persons from whom such moneys were collected. However, if the Commission finds, and upon approval in writing of a majority of the members of the commodity board, that the amounts so returnable are so small as to make impractical the computation of such pro rata refund the Commission may use such moneys to defray expenses incurred by it in the administration or enforcement of any subsequent marketing agreement or order for such commodity. Thereafter, if there are any such moneys remaining which have not been used by the Commission as hereinabove provided, it shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. No refunds may be paid for the cotton commodity.
HISTORY: 1962 Code Section 3-235.34; 1968 (55) 2743; 1989 Act No. 120, Section 2, eff May 30, 1989.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-360. Assessments constitute personal debts; enforcement.

Any due assessment levied in a specified amount under this chapter shall constitute a personal debt of every person so assessed or who owes such amount and it shall be due to the Commission when payment is called for by it. If any person fails to pay the Commission the full amount of such assessment when due, the Commission is authorized to add to such unpaid assessment an amount not exceeding ten percent to defray the cost of enforcing collection. Upon the failure of such person to pay any such assessment, the Commission may bring a civil action against such person in a court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable; provided, that any producer may, if dissatisfied with any assessment that has been levied and collected, be refunded the full amount of such assessment provided that demand for a refund is made in writing and in the hands of the Commission and the chairman of the commodity board within thirty days from the date upon which such assessment was due, and that such assessment was properly paid and receipt issued prior to this date; provided, further, that the payment of the assessment is not the result of legal action brought against such producer; provided, further, that no such assessment shall be refunded to any out-of-state producer.
HISTORY: 1962 Code Section 3-235.35; 1968 (55) 2743; 1972 (57) 2819.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-370. Deposits and disbursements.

The Commission shall deposit all moneys which are collected by him in a separate account allocated to each marketing order or agreement under which such moneys are collected and such deposits shall be in the name of the commodity board. All expenses and disbursements incurred and made pursuant to the provisions of any marketing agreement or order authorized by Section 46-17-340 shall be paid from moneys collected and received pursuant to such order or agreement by check, draft, or voucher in such form and in such manner and upon the signature of such person as may be prescribed by the marketing order or agreement.
HISTORY: 1962 Code Section 3-235.36; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-380. Records, audits, and financial statements.

(A) The commission and the commodity board shall keep, separately for each agreement and order in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid-outs, monies, and other financial transactions made pursuant to an order or agreement, and the records must be audited at least annually in accordance with generally accepted auditing standards. The books and accounts maintained under every such agreement and order must be closed as of the last day of each fiscal year of the State.
(B) A copy of every audit must be delivered within thirty days after completion to the Governor, the commission, the State Auditor, and the commodity board of the agreement or order concerned.
HISTORY: 1962 Code Section 3-235.37; 1968 (55) 2743; 2005 Act No. 164, Section 23, eff June 10, 2005.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-390. Bonds of administrators, administrative boards, and employees.

The Commission and the commodity board shall require that a bond be given by every administrator, administrative board, and employee occupying a position of trust under any marketing agreement or order, as provided in the agreement or order, in such amount as the Commission and the commodity board shall deem necessary, the premium for which bond or bonds shall be paid from assessments collected pursuant to such order or agreement; provided, that the bond need not be given with respect to any person covered by any blanket bond covering officials or employees of the State.
HISTORY: 1962 Code Section 3-235.38; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-400. Violations.

(a) It shall be a misdemeanor:
(1) For any person to violate any provision of this chapter or any provision of any marketing agreement or order duly issued.
(2) For any person to willfully furnish a false or fraudulent report required by this chapter or to willfully fail or refuse to furnish such report.
(3) For any person engaged in the wholesale or retail trade to refuse to furnish to the Commission, upon request, information concerning the name and address of the person from whom he has received an agricultural commodity regulated by a marketing agreement or order and the grade, quantity and price of such commodity.
(b) Every person convicted of any such misdemeanor shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment of not less than ten days nor more than six months, or both, in the discretion of the court. Each violation during any day shall constitute a separate offense.
HISTORY: 1962 Code Section 3-235.39; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-410. Jurisdiction of courts; action for specific performance or injunction.

(a) The courts are hereby vested with jurisdiction:
(1) To enforce this chapter and the provisions of each and every marketing agreement and order issued pursuant to this chapter;
(2) To enjoin temporarily pending litigation and thereafter permanently enjoin any person from violating this chapter;
(3) To require pending litigation and thereafter permanently by mandamus every person subject to the provisions of any agreement or order to perform the provisions of this chapter and every duty imposed upon such person by such marketing agreement or order.
(b) The Commission or any commodity board or any person affected by any marketing order or agreement upon joining the chairman of the Commission as a party may bring an action for specific performance or injunction against any person who violates the obligations imposed upon him by this chapter or by any marketing agreement or order.
HISTORY: 1962 Code Section 3-235.40; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-420. Enforcement of chapter by Attorney General.

Upon the request of the Commission and the commodity board, the Attorney General shall institute proceedings to enforce the remedies and to collect the moneys provided for by this chapter. Whenever the Commission and the commodity board have reason to believe that any person has violated the provisions of any marketing agreement or order, the Commission shall be empowered to institute an investigation and, after notice to such person, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the Attorney General for appropriate action.
HISTORY: 1962 Code Section 3-235.41; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-430. Remedies are additional.

The remedies provided for herein shall be in addition to, and not exclusive of, any other remedies or penalties provided for in this chapter or now or hereafter existing at law or in equity, and such remedies shall be concurrent and alternative and neither singly nor combined shall they be exclusive.
HISTORY: 1962 Code Section 3-235.42; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-440. Cooperation with other states and with United States.

The Commission and the commodity board are authorized to cooperate with the authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of Federal and State marketing regulations, and the Commission shall conduct joint hearings, issue joint or concurrent marketing agreements or orders when properly approved.
HISTORY: 1962 Code Section 3-235.43; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-450. Prices shall not be established in violation of State or Federal laws.

The Commission and the commodity board under each marketing agreement and order shall not authorize any action which shall have for its purpose the establishment or maintenance of prices in violation of existing State and Federal laws.
HISTORY: 1962 Code Section 3-235.44; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-460. Penalty.

Except as specifically provided in this chapter, a person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
HISTORY: 1962 Code Section 3-235.45; 1968 (55) 2743; 1993 Act No. 184, Section 239, eff January 1, 1994.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-470. Liability of members of Commission, board members, and employees.

The members of any commodity board, including employees thereof, and the Commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No person or employee shall be held responsible individually for any act or omission of any other member of any commission. The liability of the members of the Commission shall be several and not joint and no member shall be liable for the default of any other member.
HISTORY: 1962 Code Section 3-235.46; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-10. Petition to form local marketing authorities.

With the approval and subject to the rules and regulations of the Department, local marketing authorities, hereby declared to be cooperative and non-profit-making, may be formed in the various communities of the State to engage in the marketing of agricultural products and all activities in connection therewith. When twenty or more persons in any community wish to form a local marketing authority they shall file a petition with the department, including, among other things, the following:
(1) The names, addresses and businesses of the petitioners;
(2) The name of the proposed local marketing authority, which shall in all cases include the words "Marketing Authority";
(3) The names and addresses of the officers of the proposed authority;
(4) A statement of the activities, which shall all be related to the growing and marketing of farm products and livestock, in which the local marketing authority proposes to engage;
(5) The area to be served by the proposed local marketing authority;
(6) A statement of existing and prospective marketing and other facilities to be operated by the proposed local marketing authority;
(7) The total amount of stock or certificates of ownership proposed to be issued and the face value of each share or the amount of the membership fee; and
(8) Such other information as the Department may require.
HISTORY: 1962 Code Section 3-241; 1952 Code Section 3-241; 1948 (45) 1892; 1972 (57) 2479; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-20. Investigation and incorporation.

The Department shall investigate and consider all petitions for local marketing authorities filed with it and, if a need for such local authority and reasonable chances for success shall appear, the department shall certify such facts to the Secretary of State who, without charge, shall issue a certificate of incorporation to the local marketing authority.
HISTORY: 1962 Code Section 3-242; 1952 Code Section 3-242; 1948 (45) 1892; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-30. Organization; bylaws; officers.

After receiving a certificate of incorporation, a local marketing authority shall proceed to perfect a permanent organization by the adoption of bylaws, the election of permanent officers and the transaction of all business necessary for such permanent organization. The officers of a local marketing authority, with their duties, shall be as may be determined in the bylaws of the authority.
HISTORY: 1962 Code Section 3-243; 1952 Code Section 3-243; 1948 (45) 1892; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-40. Supervision and assistance of department.

The work of local marketing authorities shall be supervised by the department, and all local marketing authorities shall be entitled to the inspection, grading, buying and selling services of the department, as well as to all possible assistance in crop, land and soil selection, crop planting, fertilization, cultivation, harvesting and packing services and methods of financing. Provided, that no service presently being furnished by any other State agency shall be duplicated.
HISTORY: 1962 Code Section 3-244; 1952 Code Section 3-244; 1948 (45) 1892; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-110. Authorization.

Any county or municipality or combination thereof in this State may, at the discretion of its or their governing body or bodies, establish in and for such county or in or near and for such municipality or groups of municipalities a farm marketing center and acquire, own, operate, lease for operation or lease to others for operation such farm marketing center or any part of such center as may appear desirable.
HISTORY: 1962 Code Section 3-251; 1952 Code Section 3-251; 1942 Code Section 5806-12; 1935 (39) 252; 1981 Act No. 104 Section 1.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-120. Projects; processing equipment includible.

Any such farm marketing center may include a cannery, a creamery, a meat-packing house, an assembly plant for poultry and eggs, a feed-grinding and mixing plant and any other equipment necessary and proper for the processing and preparing for market of any of the products of the farms of this State, so as to enable the farmers to diversify their products and to find markets for them at fair and reasonable prices. Any such farm marketing center may include any one or more of the projects and processing equipment mentioned above, at the discretion of the proper officers.
HISTORY: 1962 Code Section 3-252; 1952 Code Section 3-252; 1942 Code Section 5806-12; 1935 (39) 252.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-130. Power to condemn and borrow.

In order to enable any county or municipality or combination of them to acquire a site or sites for the purposes specified in this article, they shall have the power of eminent domain. The counties or municipal corporations by their appropriate officers may secure the purchase price of any property and equipment that may be purchased for the purposes by a first mortgage on the property and equipment and may borrow money and receive and administer grants from the government of the United States under any administration or agency of the United States government and may comply with all the terms and conditions necessary to borrow the money.
HISTORY: 1962 Code Section 3-253; 1952 Code Section 3-253; 1942 Code Section 5806-12; 1935 (39) 252; 1981 Act No. 104 Section 2; 1987 Act No. 173 Section 22, eff nine months from approval by Governor (approved by Governor on June 30, 1987).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-210. Commissioner authorized to establish and supervise program.

The Commissioner of Agriculture of the State of South Carolina, herein referred to as "Commissioner," acting by and through employees of the Department of Agriculture of South Carolina, herein referred to as "Department" is hereby authorized to establish and supervise a Roadside Market Incentive Program, herein referred to as the "program," designed to create, establish and improve the quality of roadside markets and promote fair and sanitary marketing practices throughout the roadside markets in the State.
HISTORY: 1962 Code Section 3-245; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-220. Standards for participation.

The Commissioner is hereby authorized to prescribe standards for participation in the program. Such standards shall relate to design, external and internal appearance, location, sanitation and cleanliness, product quality, fair and honest marketing practices and any other factors designed to promote traffic safety, fair marketing, roadside appearance, and promotion of South Carolina agricultural products.
HISTORY: 1962 Code Section 3-245.1; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-230. Applications for participation; participation is voluntary; registration of participants.

The operators of roadside markets desiring to participate in the program shall file an application with the Commissioner on a form prescribed by him, who, after inspection, shall determine eligibility of the market to participate in the program. Participation in the program shall be completely voluntary and any market desiring not to participate in the program cannot be required to do so by the Commissioner. After determining the markets eligible to participate in the program, the Commissioner, pursuant to such procedures and regulations as he may formulate, shall register such participants in the program.
HISTORY: 1962 Code Section 3-245.2; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-240. Signs.

The Commissioner shall prescribe and make available signs showing the Department's approval and membership in the program. Such signs shall be issued to applying markets which comply with standards established by the Commissioner and such markets may display such signs as long as they retain approval as participating markets.
HISTORY: 1962 Code Section 3-245.3; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-250. Inspections.

Inspectors of the Department shall conduct periodic inspections of approved markets and any failure to meet prescribed standards shall be sufficient cause for the Commissioner to revoke market approval and to require return of the sign furnished the market by the Department, which sign shall at all times remain the property of the State. Refusal to allow inspectors to make a full and complete inspection or refusal to disclose material facts to such inspectors shall be sufficient cause for revocation of market approval.
HISTORY: 1962 Code Section 3-245.4; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-260. Notice and hearing on disapproved application.

When an application for participation is disapproved or when previously granted approval is revoked, the market owner shall be given written notice setting forth the reason for the action taken and shall, upon request, be afforded a hearing in accordance with applicable provisions of the 1976 Code.
HISTORY: 1962 Code Section 3-245.5; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-270. Penalty for displaying unauthorized sign.

(A) It is unlawful for a market to:
(1) display a sign indicating approval by the department or participation in the program before the approval by the department; or
(2) continue to display the sign after final administrative action revoking the approval of the market; or
(3) fail to return to the department a sign issued to the market by the department within ten days after official notice from the department to return the sign.
(B) The owner of the market 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 three years, or both.
HISTORY: 1962 Code Section 3-245.6; 1972 (57) 2156; 1993 Act No. 184, Section 240, eff January 1, 1994.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-280. Transfer of signs.

Market approval and the sign indicating the same shall be transferable between owners, provided the Department is given notice of such change of ownership within ten days of such event but shall, in no event, be transferable from one location to another nor shall approval of one market in a chain apply to any other markets in such chain.
HISTORY: 1962 Code Section 3-245.7; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-290. Expenditure of funds.

In order to comply with the provisions of this article and rules and regulations promulgated hereunder the Commissioner is authorized and empowered to expend funds of the State appropriated to the Department for use under promotion and expansion of agricultural products.
HISTORY: 1962 Code Section 3-245.8; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-300. Rules and regulations.

The Commissioner is authorized to adopt and promulgate rules and regulations designed to implement this program and to accomplish the purposes of this article and, after legally adopted and promulgated, such rules and regulations shall have the force and effect of law.
HISTORY: 1962 Code Section 3-245.9; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 19 - Local Marketing Authorities And Farm Marketing Centers › Section 46-19-310. Injunctions.

In addition to the remedies provided herein and notwithstanding the existence of an adequate remedy at law, the Commissioner is hereby authorized to apply to any circuit court of the State where jurisdiction over the defendant can be obtained for an injunction and such court shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining any person, roadside market owner, or operator from violating and continuing to violate any provision of this article or any rules and regulations promulgated hereunder. Such injunction shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation.
HISTORY: 1962 Code Section 3-245.10; 1972 (57) 2156.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-35. Seed laboratory.

The Department of Agriculture shall maintain a seed laboratory with necessary equipment for carrying out the provisions of this chapter.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-81; 1952 Code Section 3-403; 1962 Code Section 3-403; 1976 Code Section 46-21-30; 2010 Act No. 238, Section 2, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-45. License to handle seeds; fee; persons subject to requirements of section; exception.

(A) A person, except as provided in subsection (D), before selling, distributing for sale, offering for sale, exposing for sale, handling for sale, or soliciting orders for the purchase of agricultural, vegetable, or flower seed, or mixture thereof, shall first register each place of business in this State with the Department of Agriculture. The application for a seed license shall include the name and location of each place of business at which the seed is sold, distributed for sale, offered for sale, exposed for sale, or handled for sale. The application for a seed license must be accompanied by an annual license fee for each place of business based on the gross receipts from the sale of seed for the last preceding license year. The fees must be set forth in the regulations promulgated pursuant to this chapter. For places of business not previously in operation, the fee will be based on anticipated receipts for the first license year.
(B) Payment of the licensing fee and a written receipt from the department for the fee shall constitute a sufficient permit for the dealer to engage in or continue in the business of selling, distributing for sale, offering or exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, or flower seed within the State.
(C) A person selling, distributing for sale, offering for sale, exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, or flower seed in the State, is subject to the requirements of this section.
(D) The provisions of this chapter shall not apply to on-farm sales by farmers who sell uncleaned, unprocessed, unpackaged, and unlabeled seed.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-87; 1952 Code Section 3-404; 1962 Code Section 3-404; 2008 Act No. 353, Section 2, Pt 7A; 1976 Code Section 46-21-40; 2010 Act No. 238, Section 2, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-55. Exemptions.

(A) The provisions of Sections 46-21-215 and 46-21-217 do not apply to:
(1) seed or grain not intended for sowing purposes;
(2) seed in storage in, or being transported or consigned to a cleaning or conditioning establishment for cleaning or conditioning, provided, that the invoice or label accompanying a shipment of said seed bears the statement "seeds for conditioning"; and provided that any labeling or other representation which may be made with respect to the uncleaned or unconditioned seed shall be subject to this chapter; or
(3) a carrier in respect to seeds transported or delivered for transport in the ordinary course of its business as a carrier; provided, that the carrier is not engaged in producing, conditioning, or marketing seeds subject to the provisions of this chapter.
(B) A person is not subject to the penalties of this chapter for having sold or offered for sale seed subject to provisions of this chapter which were incorrectly labeled or represented as to kind, species, and subspecies, if appropriate, variety, type, or origin, if required, which seeds cannot be identified by examination, unless he has failed to obtain an invoice, genuine growers declaration, or other labeling information and to take precautions as may be reasonable to insure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-87; 1952 Code Section 3-405; 1962 Code Section 3-405; 1967 (55) 216; 1976 Code Section 46-21-50; 2010 Act No. 238, Section 2, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-65. Foundation seed program.

Clemson University shall cooperate with the South Carolina Foundation Seed Association in a foundation seed program responsible for the fostering of the production, processing, and distribution of pure varieties of crop seeds and plants as Clemson University recommends for increase in this State. The South Carolina Department of Agriculture will assist in these efforts as directed by the Commissioner or his designee.
HISTORY: 1949 (46) 59; 1952 Code Section 3-406; 1962 Code Section 3-406; 1997 Act No. 10, Section 1; 1976 Code Section 46-21-60; 2010 Act No. 238, Section 2, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-315. Examination and testing of seeds.

Before being offered for sale or distribution, all seeds sold in this State first must be examined and tested according to the provisions of this chapter.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Sections 5806-83, 5806-84; 1952 Code Section 3-421; 1962 Code Section 3-421; 1967 (55) 216; 1976 Code Section 46-21-310; 2010 Act No. 238, Section 4, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-325. Records; inspections.

A person whose name appears on the label as handling agricultural, vegetable, or flower seed subject to this chapter shall keep for a period of two years complete records of each lot of agricultural, vegetable, or flower seed handled and keep for one year a file sample of each lot of seed after final disposition of the lot. All records and samples pertaining to the shipment or shipments involved must be accessible for inspection by the Commissioner or his agent during customary business hours.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-83; 1952 Code Section 3-422; 1962 Code Section 3-422; 1976 Code Section 46-21-320; 2010 Act No. 238, Section 4, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-335. Publication of results of examinations and tests.

The Commissioner of Agriculture may publish or cause to be published, at his discretion, the results of the examinations and tests made of samples of agricultural, vegetable, or flower seeds or mixtures of agricultural seeds drawn as provided for in Section 46-21-325, together with other information he may deem advisable.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-84; 1952 Code Section 3-423; 1962 Code Section 3-423; 1976 Code Section 46-21-330; 2010 Act No. 238, Section 4, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-345. Free seed test for residents; charge for testing for in-state entities and out-of-state residents and entities.

A resident of this State may have samples of seeds tested for germination and purity free of charge in the State Seed Laboratory. In state firms, corporations, and other entities submitting seed samples for testing by the State Seed Laboratory must be charged at a rate established by regulation. Out-of-state individuals and entities will be charged at a similar rate. Charges for special tests performed by the State Seed Laboratory also must be established by regulation. All tests used must be established by the Association of Official Seed Analysts (AOSA) through the Rules for Testing Seed. The fees charged for these seed tests must be retained by the Department of Agriculture for the purposes of carrying out the provisions of this chapter.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-86; 1952 Code Section 3-424; 1962 Code Section 3-424; 1985 Act No. 201, Part II, Section 40; 1976 Code Section 46-21-340; 2010 Act No. 238, Section 4, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-415. Withdrawal of impure seed.

To promote normal crop production, the Commissioner or his designee, after providing reasonable notice, may withdraw impure seed or seed that lack reasonable germination even though they may have been properly labeled.
HISTORY: 1940 (41) 1875; 1942 Code Section 5806-82; 1952 Code Section 3-431; 1962 Code Section 3-431; 1976 Code Section 46-21-410; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-425. Noncomplying seed may be seized and condemned and disposed of or destroyed.

Agricultural, vegetable, or flower seed that is sold, offered, or exposed for sale or distribution in this State without complying with the requirements of Articles 1, 3, 5, and 7 of this chapter may be seized and condemned and disposed of or destroyed at the discretion of the Commissioner of Agriculture, or his authorized representative, and the proceeds from the sale must be deposited into the state treasury for the use of the Department of Agriculture. The Commissioner may in his discretion release the seed withdrawn when the requirements of this chapter have been complied with and upon payment of all the costs or expenses incurred in a proceeding connected with seizure and withdrawal.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-89; 1952 Code Section 3-432; 1962 Code Section 3-432; 1976 Code Section 46-21-420; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-435. Procedure for seizure of noncomplying seeds.

A lot of seed not in compliance with the provisions of this chapter are subject to seizure on complaint of the Commissioner to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, it must be denatured, processed, destroyed, relabeled, or disposed of in compliance with the laws of this State, provided, that in no instance shall the court order the disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to condition or relabel it in compliance with this chapter.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-89; 1952 Code Section 3-433; 1962 Code Section 3-433; 1976 Code Section 46-21-430; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-445. Penalty.

A violation of the provisions of this chapter, other than Article 9, is deemed a misdemeanor and punishable by a fine of not more than one thousand dollars.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-85; 1952 Code Section 3-434; 1962 Code Section 3-434; 1976 Code Section 46-21-440; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-455. Prosecution by Commissioner or through Attorney General.

When the Commissioner finds that a person has violated a provision of this chapter, he or his authorized agent or agents may institute proceedings in a court of competent jurisdiction in the locality in which the violation occurred or where the seed is located; or the Commissioner may file with the Attorney General with a view toward prosecution, evidence as necessary; provided, however, that no prosecution pursuant to this chapter may be instituted without the defendant first having been given an opportunity to appear before the Commissioner or his authorized agent to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without a hearing in case the defendant or his agent or attorney fails or refuses to appear, the Commissioner is of the opinion that the evidence warrants prosecution, he shall proceed as provided in this chapter.
The Attorney General or, in his discretion and at his direction, the attorney of the county or city in which the alleged violation has occurred, shall institute proceedings immediately against the person charged with the violation. The proceedings for violations may be instituted after exhaustion of all remedies with the Commissioner has occurred. After judgment by the court in a case arising pursuant to this chapter, the Commissioner shall publish the information pertinent to the issuance of the judgment by the court in the media as he may designate.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-85; 1952 Code Section 3-435; 1962 Code Section 3-435; 1976 Code Section 46-21-450; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-465. Preliminary hearing.

Prosecutions for violations of Articles 1, 3, 5, or 7 of this chapter, if the evidence of violations is based on tests or analyses, must be instituted as follows: When the Commissioner of Agriculture finds that the articles have been violated, as shown by test examination or analysis, he shall give notice to the person in possession of the seed, designating a time and place for a hearing. This hearing must be private, and the person involved shall have the right to introduce evidence, either in person, by agent or attorney. If, after the hearing, or without the hearing in case the person fails or refuses to appear, the Commissioner decides that the evidence warrants prosecution, he shall proceed as provided in Section 46-21-455.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-85; 1952 Code Section 3-436; 1962 Code Section 3-436; 1976 Code Section 46-21-460; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-475. Injunctions to be issued without bond.

When in the performance of his duties the Commissioner applies to a court for a temporary or permanent injunction restraining a person from violating or continuing to violate the provisions of this chapter or the regulations promulgated pursuant to this chapter, the injunction is to be issued without bond.
HISTORY: 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).