2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-25. Enforcement; authority of state seed law enforcement officers; authority of Department of Agriculture employees; local regulation preempted.

(A) The Commissioner of Agriculture or his authorized agents shall enforce this chapter and execute its provisions and requirements. The Commissioner or his authorized agents shall:
(1) sample, inspect, make analysis of, and test seeds subject to the provisions of this chapter that are transported, sold or offered or exposed for sale within the State for sowing purposes, at such time and place and to the extent as he may deem necessary to determine whether the seeds are in compliance with provisions of this chapter, and promptly to notify the person who sold, offered, or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed, of a violation, stop sale order, or seizure; and
(2) prescribe, amend, adopt, and publish after following due public notice:
(a) regulations governing the method of sampling, inspecting, analyzing, testing, and examining seeds subject to provisions of this chapter and the tolerances to be used and other regulations necessary to secure efficient enforcement of this chapter;
(b) a prohibited and restricted noxious weed list;
(c) regulations establishing reasonable standards of germination for agriculture, vegetable seeds, and flower seeds;
(d) regulations for labeling flower seeds in respect to kind and variety or type and performance characteristics as required by Section 46-21-215;
(e) a list of the flower seeds subject to the flower seed germination labeling requirements of Section 46-21-215; and
(f) a list of the vegetable seeds subject to the vegetable seed germination labeling requirements of Section 46-21-215.
(B) For the purpose of carrying out the provisions of this chapter, state seed law enforcement officers are authorized to:
(1) enter upon a public or private premises during regular business hours in order to have access to seeds and the records subject to this chapter and regulations under them, a truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose;
(2) issue and enforce a written or printed "stop sale" order to the owner or custodian of a lot of seed subject to the provisions of this chapter when the enforcement officer finds a violation of the provisions of this chapter or regulations promulgated pursuant to this chapter, which order prohibits further sale, conditioning, and movement of the seed, except on approval of the enforcing officer, until the officer has evidence that the law has been complied with, and he has issued a release from the "stop sale" order of the seed, provided that in respect to seed which has been denied sale, conditioning, and movement as provided in this item, the owner or custodian of the seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, seeking a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, condition, and movement in accordance with the findings of the court. The provisions of this item must not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter;
(3) establish and maintain a seed testing laboratory, to employ qualified persons, and to incur expenses as may be necessary to comply with the provisions of this chapter;
(4) make or provide for purity and germination tests of seed for farmers and dealers on request; to promulgate regulations governing the testing; and to fix and collect charges, where applicable, for the tests made. Fees collected for these purposes must be set by regulation, and the fees must be retained by the Department of Agriculture to cover the costs of administering this chapter; and
(5) cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.
(C) All authority vested in the Commissioner by virtue of the provisions of this chapter may with like force and effect be executed by Department of Agriculture employees as the Commissioner may designate.
(D) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the registration, licensing, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of another political subdivision may prohibit or in any way attempt to regulate a matter relating to the registration, certification, licensing, labeling, sale, storage, transportation, distribution, notification of use or use of seeds, if any of these ordinances, laws, or regulations are in conflict with this chapter.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-81; 1952 Code Section 3-402; 1962 Code Section 3-402; 1972 (57) 2480; 1976 Code Section 46-21-20; 2010 Act No. 238, Section 2, eff. upon approval (became law without the Governor's signature on June 8, 2010).