reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-220. Revocation of registrations or licenses; appeal.

An order, decision, or other official act which revokes a registration or license issued by the commissioner, may be appealed by a person concerned by filing a notice of appeal with the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and by serving the commissioner or someone of discretion at his office, within thirty days after receipt of written notice of the order, decision, or official act affecting the registration or license of the person concerned. The commissioner, within thirty days after service of the notice of appeal, shall make a return to the Administrative Law Court as provided in its appellate rules.
HISTORY: 1962 Code Section 3-20; 1957 (50) 56; 2006 Act No. 387, Section 23, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-230. Release of certain items from restraining orders.

If any product, merchandise or equipment regulated by the Department of Agriculture is placed under a restraining order of or by the Commissioner of Agriculture, the Commissioner may release any such item upon compliance with, and payment of, all costs or expenses incurred in any proceeding pursuant to such order.
HISTORY: 1962 Code Section 3-20.1; 1963 (53) 241.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-240. Enforcement of food and drug regulations.

The Commissioner of Agriculture and all inspectors and chemists employed under Chapter 27 of this Title shall be charged with the enforcement of such regulations relating to food and drugs, in addition to those with which they are expressly charged by law, as the Department of Health and Environmental Control may issue under the authority of law. And such inspectors shall also assist in the enforcement of all of the provisions of this chapter.
HISTORY: 1962 Code Section 32-1454; 1952 Code Section 32-1454; 1942 Code Sections 5128-27, 6600; 1932 Code Sections 1452, 6600; Civ. C. '22 Section 3510; Civ. C. '12 Section 2433; Cr. C. '22 Section 398; Cr. C. '12 Section 406; 1904 (24) 531; 1907 (25) 528; 1910 (26) 613; 1913 (28) 35; 1917 (30) 51; 1924 (33) 971; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-270. Waiver of remittance of indirect cost recoveries for the Specialty Crop Grant.

The Department of Agriculture may waive the remittance of indirect cost recoveries for the Specialty Crop Grant supported by the United States Department of Agriculture through the Commodity Credit Corporation.
HISTORY: 2008 Act No. 353, Section 2, Pt 7B.1, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 3 - Department And Commissioner Of Agriculture › Section 46-3-280. Agriculture programs to assist veterans; fund; regulations.

(A)(1) There is created a program within the South Carolina Department of Agriculture to integrate veterans into the field of agriculture and support veterans currently working in agriculture. The Department of Agriculture, the Department of Veterans' Affairs, the Adjutant General, Clemson University, South Carolina State University, and any other institution of higher learning that offers agricultural programs shall work in conjunction to recruit and train eligible veterans, and develop and support the program.
(2) Clemson University, in conjunction with the entities listed in subsection (A)(1), may develop a program that may include, but is not limited to, using repurposed land for agricultural development, promoting high tunnel crops and production, expanding the apiary industry, developing cottage industries, exploring niche crops, raising more livestock, increasing the aquaculture industry and helping veterans promote their agricultural products through farmers markets and cooperatives.
(B) There is established in the state treasury a separate and distinct fund known as the "South Carolina Veterans and Warriors to Agriculture Program and Fund". The fund shall consist of gifts, grants and donations, and legislative appropriations which may be made to support the program. Expenditures from the fund shall be used exclusively to pay costs, fees, and expenses necessary to administer the program.
(C) The Department of Agriculture shall promulgate regulations to implement the provisions of this section.
HISTORY: 2016 Act No. 208 (S.1028), Section 1, eff June 3, 2016.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, Section 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 5 - Agriculture Commission › Section 46-5-20. Powers.

The Commission shall have the power to:
(1) Adopt policies, rules and regulations of the Department of Agriculture for its own government not inconsistent with the laws of the State.
(2) Annually approve budget requests for the institutions, agencies and service under the control of the Department of Agriculture as prepared by the Commissioner of Agriculture prior to being submitted to the Governor and to the General Assembly.
(3) Appoint such committees and such members of committees as may be required or as may be desirable to carry out the orderly function of the Commission.
(4) Cooperate fully with the Commissioner of Agriculture at all times to the end that the State's agricultural economy may constantly be improved.
(5) Assume such other responsibilities and exercise such other powers and perform such other duties as may be assigned to it by law.
HISTORY: 1962 Code Section 3-20.52; 1968 (55) 2663.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-20. County auditors shall return blanks issued for collection of agricultural statistics and information.

The county auditors to whom are issued the blanks referred to in paragraph (2) of Section 46-7-10 shall promptly return such blanks to the board filled in in accordance with such instructions.
HISTORY: 1962 Code Section 3-23; 1952 Code Section 3-23; 1942 Code Section 5743; 1932 Code Section 5743; Civ. C. '22 Section 2840; Civ. C. '12 Section 1900; Civ. C. '02 Section 1313; G. S. 587, 588, 589, 591, 594; R. S. 1132; 1879 (17) 72; 1890 (20) 706 Section 4; 1901 (23) 737; 1913 (28) 194; 1939 (41) 360; 1940 (41) 1876.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-30. Experimental stations for farm demonstration work.

(A) The board of trustees of Clemson University may establish and operate two or more experimental stations, as in its judgment the funds of the University justify, for testing soil and climatic and other conditions and farm demonstration work. One station must be established within the Pee Dee section of the State, one within the sand hill portion, and the others wherever in the judgment of the board will result to the best interest of the State. Advertisement for bids in money and donations of land for the location of the stations must be made before their location is determined.
(B) The experimental stations shall engage in agricultural operations and farm research in its broadest sense. The development, collection, analysis, and publication and other dissemination of the results of research efforts on the research farms must be integral parts of the mission of the experimental stations.
HISTORY: 1962 Code Section 3-24; 1952 Code Section 3-24; 1942 Code Section 5740; 1932 Code Section 5740; Civ. C. '22 Section 2836; Civ. C. '12 Section 1896; 1911 (27) 3; 1993 Act No. 114, Section 1, eff June 11, 1993.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-40. Receipt and use of grants under Hatch Act.

The board of trustees of Clemson University may receive grants and use them for the benefit of the State in accordance with the terms and conditions expressed in the Hatch Act of 1955 dated August 11, 1955 and in accordance with such rules and regulations as may be prescribed by the Secretary of Agriculture under the authority delegated to him by Congress.
HISTORY: 1962 Code Section 3-25; 1952 Code Section 3-25; 1942 Code Section 5739; 1932 Code Section 5739; Civ. C. '22 Section 2835; Civ. C. '12 Section 1895; Civ. C. '02 Section 1309; R. S. 1128; 1889 (20) 300 Section 2; 1961 (52) 662.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-50. Assent to act of Congress for appropriations for experiment stations.

The assent of this State was given on March 1, 1909 to the purposes and provisions of an act of Congress entitled "An Act to Provide for an Increased Annual Appropriation for Agricultural Experiment Stations and Regulating the Expenditure Thereof," approved March 16, 1906.
HISTORY: 1962 Code Section 3-26; 1952 Code Section 3-26; 1942 Code Section 5806; 1932 Code Section 2051; Civ. C. '22 Section 13; Civ. C. '12 Section 13; 1909 (26) 122.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-60. Assent to act of Congress to further development of extension work.

The assent of this State was given on March 15, 1929 to the provisions and requirements of an act of the Congress of the United States entitled "An Act to Provide for the Further Development of Agricultural Extension Work Between the Agricultural Colleges in the Several States Receiving the Benefits of the act entitled 'An Act Donating Public Lands of the Several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,' Approved July 2, 1862, and all Acts Supplementary Thereto, and the United States Department of Agriculture," approved by the President May 22, 1928.
HISTORY: 1962 Code Section 3-27; 1952 Code Section 3-27; 1942 Code Section 5806-1; 1932 Code Section 5744; 1929 (36) 694.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-70. Receipt and use of grants under act to further development of extension work.

The board of trustees of Clemson University may receive the grants of money appropriated under the act referred to in Section 46-7-60 and organize and conduct agricultural extension work, which shall be carried on in connection with the college of agriculture of the University in accordance with the terms and conditions expressed in such act of the Congress of the United States.
HISTORY: 1962 Code Section 3-28; 1952 Code Section 3-28; 1942 Code Section 5806-1; 1932 Code Section 5744; 1929 (36) 694.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-80. Assent to act of Congress providing for research and cooperative extension work.

The assent of the General Assembly of this State, required by "An Act to Provide for Research into Basic Laws and Principles Relating to Agriculture and to Provide for the Further Development of Cooperative Agricultural Extension Work and the more Complete Endowment and Support of Land-Grant Colleges," approved June 29, 1935 (Public No. 182 - 74th Congress), was given to the provisions and requirements of the act on April 18, 1936.
HISTORY: 1962 Code Section 3-29; 1952 Code Section 3-29; 1942 Code Section 5806-2; 1936 (39) 1448.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-90. Receipt and use of grants under act providing for research and cooperative extension work.

The board of trustees of Clemson University may receive such grants and use them for the benefit of the State in accordance with the terms and conditions expressed in the act of Congress referred to in Section 46-7-80; provided, that the grants for the more complete endowment and support of land-grant colleges shall be equally divided between Clemson University and South Carolina State College as now provided by law.
HISTORY: 1962 Code Section 3-30; 1952 Code Section 3-30; 1942 Code Section 5806-2; 1936 (39) 1448; 1954 (48) 1722.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-100. Reporting animal diseases caused by chemical or other terrorism.

Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals must report animals having or suspected of having any disease that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human or animal fatalities or incidents of permanent or long-term disability. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to the State Veterinarian and must include as much of the following information as is available: the geographical location of the animal or the exposure, the name and address of any known owner, and the name and address of the reporting individual. The State Veterinarian must report to the Department of Health and Environmental Control any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130.
HISTORY: 2002 Act No. 339, Section 27, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 7 - Clemson University › Section 46-7-110. Animal waste management training and certification programs.

(A) Clemson University, in conjunction with the Department of Health and Environmental Control, shall create a training and certification program for owners or operators of an animal facility as defined in Regulation 61-43 which must include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal facility and land application of animal waste; controlling vectors, testing for toxic metals, organic materials, and other elements; and implementing emergency procedures and spill prevention protocols.
(B) An operator of an animal facility and waste utilization area must be trained and certified according to South Carolina Department of Health and Environmental Control Regulations on the operation of animal waste management under the program created in subsection (A).
(C) Notwithstanding the provisions of subsection (B) or any other provision of law, cattle stockyard owners and operators are exempt from the training and certification requirements of this section.
HISTORY: 2002 Act No. 340, Section 10, eff June 30, 2002; 2010 Act No. 262, Section 1, eff upon approval (became law without the Governor's signature on June 10, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-10. Commission established; duties and responsibilities; membership of commission.

The State Crop Pest Commission is established. It shall execute this chapter, Section 46-1-140, Chapters 10, 13, 25, 26, 33, 35, and 37 of this title and other duties and responsibilities assigned by law. The commission consists of no less than three members of the Agriculture and Natural Resources Committee of the Clemson University Board of Trustees, or the committee's successor, as designated by the board.
HISTORY: 1962 Code Section 3-101; 1952 Code Section 3-101; 1942 Code Section 3254; 1932 Code Section 3254; Civ. C. '22 Section 960; Civ. C. '12 Section 875; Civ. C. '02 Section 741; 1901 (23) 703; 1903 (24) 22; 1912 (27) 748; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-15. Definitions.

As used in this chapter:
(1) "Commission" means the State Crop Pest Commission or an officer or employee of the commission to whom authority to act in its stead is granted.
(2) "Director" means the Director of Regulatory and Public Service Programs, Clemson University.
(3) "Division" means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials.
(4) "Genetically engineered organism" means an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant DNA techniques.
(5) "Plant pest" means a living stage of insects, mites, nematodes, slugs, animals, protozoa, snails or other invertebrate animals, bacteria, weeds, fungi, other parasite plants or their reproductive parts, or viruses, or organisms similar to or allied with the foregoing, including genetically engineered organisms or infectious substances which directly or indirectly may injure or cause disease or damage in plants or their parts or processed, manufactured, or other products of plants, and which may be a serious agricultural threat to the State, as determined by the director.
(6) "Quarantine" means limitations placed upon the free movement of plant pests, animals, plants, equipment, machinery, goods, genetically engineered organisms, or means of transportation, or all of the foregoing, considered reasonably necessary to prevent the spread of a plant pest.
(7) "Quarantine area" means that geographic area of the State including as a minimum the infested area and the regulated area to which a quarantine applies.
(a) "Infested area" means that geographic area of the State in which the presence of a plant pest has been confirmed and in which primary remediation efforts will be applied.
(b) "Regulated area" means that geographic area of the State adjacent, but not necessarily contiguous, to the infested area and in which efforts are designed to prevent further movement and spread of a plant pest.
HISTORY: 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-20. Appointment of State Entomologist and State Plant Pathologist.

The commission may appoint an entomologist, known as the State Entomologist, and a plant pathologist, known as the State Plant Pathologist, who serve at the pleasure of the commission. The entomologist and pathologist shall advise, within their respective areas of expertise, the commission in the performance of its duties.
HISTORY: 1962 Code Section 3-102; 1952 Code Section 3-102; 1942 Code Section 3255; 1932 Code Section 3255; Civ. C. '22 Section 961; Civ. C. '12 Section 877; Civ. C. '02 Section 743; 1901 (23) 703; 1903 (24) 22; 1912 (27) 748; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-30. Confidentiality of business information; penalties for unlawful disclosure or use of information.

The commission by regulation shall establish procedures dealing with confidential business information. It is unlawful for an authorized representative of the commission in an official capacity to disclose under this chapter or another applicable chapter of this title information entitled to protection as confidential business information or as a trade secret. This information includes, but is not limited to, research information or new techniques, procedures, or products whether so denominated under federal or state law or regulation. It is unlawful also for the representative to use the information for personal gain or to reveal it to an unauthorized person if the confidential business information or trade secret clearly is delineated as such. A person who violates this section must be fined not more than two hundred dollars or imprisoned not more than thirty days. He also may be dismissed from his position.
HISTORY: 1962 Code Section 3-103; 1952 Code Section 3-103; 1942 Code Section 3256; 1932 Code Section 3256; Civ. C. '22 Section 962; Civ. C. '12 Section 878; Civ. C. '02 Section 744; 1901 (23) 703; 1903 (24) 22; 1912 (27) 748; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-35. Licensing exams and questions confidential; applicant review of failed exam.

(A) Licensing examinations and licensing examination questions maintained or administered, or both, by the commission, its agents, or employees are confidential and are exempt from public disclosure.
(B) The commission shall within twenty-one days after receipt of a written request from an applicant who failed the licensing examination, arrange a meeting between a commission agent and the applicant to review the applicant's licensing examination answers. Such a meeting must be held in the commission office nearest the applicant's residence.
HISTORY: 2002 Act No. 206, Section 1, eff April 22, 2002.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-40. Authority to promulgate and enforce regulations; other powers of commission.

The commission, in accordance with the Administrative Procedures Act, may promulgate and enforce reasonable regulations as in the judgment of the commission may be necessary to eradicate or prevent the introduction, spread, or dissemination of plant pests, including genetically engineered plants or plant pest organisms, and prevent fraud or misrepresentation in the sale and dissemination of fruit trees, nut trees, shade and ornamental trees, vines, shrubs, plants, bulbs, and roots for propagation purposes. The commission may regulate or prohibit the shipment within, or the importation into, this State of plants, farm products, or other articles of any nature or character from a state, territory, or foreign country when, in the opinion of the commission, the regulation or prohibition is necessary to prevent the introduction or dissemination of plant pests.
The commission may carry out operations, including quarantines or measures to locate, suppress, control, or eradicate or to prevent or retard the spread of plant pests, independently or in cooperation with counties or their political subdivisions, municipalities, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means.
HISTORY: 1962 Code Section 3-104; 1952 Code Section 3-104; 1942 Code Section 3257; 1932 Code Section 3257; Civ. C. '22 Section 963; Civ. C. '12 Section 876; Civ. C. '02 Section 742; 1901 (23) 703; 1903 (24) 22; 1912 (27) 748; 1922 (32) 975; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-50. Delegation of duties of commission to director; powers and duties of director.

The commission shall delegate the duties provided in this chapter and other applicable chapters of this title to the director who may administer and enforce the provisions and promulgate related regulations.
The director is the final decision authority in approving releases or the introduction of genetically engineered organisms for agricultural use in this State. The director may hold public hearings at appropriate geographical locations, after thirty days' public notice in at least one newspaper of general circulation within the area. In making a final decision the director may rely on the findings of federal or state agencies involved.
The director may promulgate regulations designating plant pests. In the designation he may rely upon prior determinations by federal authorities and in effect in Title 7, Code of Federal Regulations. If prior determinations have not been made, the director shall comply with the Administrative Procedures Act.
HISTORY: 1962 Code Section 3-105; 1961 (52) 261; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-70. Police powers of commission, assistants, deputies, and agents; violations reported to commission.

The members of the commission and their assistants, deputies, and agents have police power in executing this chapter and as otherwise provided by law. Every person shall report violations to the commission.
HISTORY: 1962 Code Section 3-109; 1952 Code Section 3-109; 1942 Code Section 3261; 1932 Code Section 3265; Civ. C. '22 Section 971; 1912 (27) 748; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-80. Penalties for interfering with commission, director, deputies, assistants, or agents.

A person who seeks to prevent an inspection under the direction of the commission, the director, or his deputies, assistants, or agents or who otherwise interferes with the director or his assistants, deputies, or agents, while in the performance of their duties under this chapter and other chapters of this title assigned to the jurisdiction of the commission, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not less than ten nor more than thirty days, or both, for a first offense and for a second offense in the discretion of the court.
HISTORY: 1962 Code Section 3-110; 1952 Code Section 3-110; 1942 Code Section 3260; 1932 Code Section 3264; Civ. C. '22 Section 970; Cr. C. '22 Section 275; 1912 (27) 748; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-100. Fines deposited to credit of State Treasury.

Fines resulting from prosecutions under this chapter and other chapters of this title assigned to the commission must be paid to the State Treasurer and deposited to the credit of the State Treasury.
HISTORY: 1962 Code Section 3-112; 1952 Code Section 3-112; 1942 Code Section 3262; 1932 Code Section 3266; Civ. C. '22 Section 972; 1912 (27) 748; 1992 Act No. 389, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 9 - State Crop Pest Commission › Section 46-9-120. Reporting of agricultural product diseases caused by chemical or other terrorism.

Every farmer, agriculturalist, county extension agent, agricultural products processor, crop advisor, or other person working in agriculture, or person having responsibility for agricultural production or processing must report agricultural products having or suspected of having any disease or infection from any crop pest whatsoever that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly infectious agents and which might cause serious agricultural threat to the State. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to the Director, Regulatory and Public Service Programs, Clemson University, and must include as much of the following information as is available: the geographic location of the agricultural product and/or its origin; the name and address of any known owner, the name and address of any known shipper; the name and address of the owner of the point of origin; and the name and address of the reporting individual. The director must report to the Department of Health and Environmental Control any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130.
HISTORY: 2002 Act No. 339, Section 28, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-20. Definitions.

The following terms as used in this chapter shall mean:
(1) Commission: The State Crop Pest Commission, as designated by the Board of Trustees of Clemson University, or any officer or employee of the commission to whom authority to act in its stead has been or hereafter may be delegated.
(2) Pest: Anthonomus grandis Boheman, boll weevil in any stage of development.
(3) Host: Any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle.
(4) Infested: Actually infested or infected with a pest or so exposed to infestation that it would be reasonable to believe that an infestation exists.
(5) Person: Any individual, corporation, company, society, association or other business entity.
(6) Move: To ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved.
(7) Regulated article: Any article of any character as described in the quarantine carrying or capable of carrying the plant pest against which the quarantine is directed.
(8) Certificate: A document issued or authorized by the commission indicating that a regulated article is not contaminated with a pest.
(9) Permit: A document issued or authorized by the commission to provide for the movement of regulated articles to restricted destinations for limited handling, utilization or processing.
(10) Commercial Cotton Producer: Any person who grew cotton and received direct income from the sale of the crop during the year preceding the referendum provided for in Section 46-10-120 as certified by the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture.
(11) Director: The Director, Division of Regulatory and Public Service Programs, College of Agricultural Sciences, Clemson University.
(12) Division: The Division of Regulatory and Public Service Programs, College of Agricultural Sciences, Clemson University.
HISTORY: 1976 Act No. 649 Section 1; 1982 Act No. 281, Section 1; 1983 Act No. 36 Sections 1, 2.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-30. Administration of chapter; rules and regulations.

The commission shall administer the provisions of this chapter. The commission may assign functions provided for in this chapter to any unit of the commission and delegate any authority provided for in this chapter to any officer or employee thereof, to be exercised under its general supervision. The commission shall promulgate such rules and regulations as are necessary for the efficient execution of the provisions in this chapter.
This chapter is subject to all the provisions of the Administrative Procedures Act (Sections 1-23-10 et seq.).
HISTORY: 1976 Act No. 649 Section 2; 1983 Act No. 36 Section 3.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-40. Powers of commission.

The commission, either independently or in cooperation with counties or political subdivisions thereof, cities, towns, farmers' associations or similar organizations, individuals, federal agencies or agencies of other states, may carry out operations or measures to locate, suppress, control or eradicate, or to prevent or retard the spread of pests.
HISTORY: 1976 Act No. 649 Section 3; 1983 Act No. 36 Section 4.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-50. Quarantines; hearings and notice.

The commission may quarantine this State or any portion thereof when it shall determine that such action is necessary to prevent or retard the spread of a pest within or from this State and to quarantine any other state or portion thereof whenever it determines that a pest exists therein and that such action is necessary to prevent or retard its spread into this State. Before promulgating its determination that a quarantine is necessary, the commission shall, after due notice to interested parties, hold a public hearing under such rules as it shall promulgate, at which hearing any interested party may appear and be heard either in person or by attorney. The commission may impose a temporary quarantine for a period not to exceed ninety days during which time a public hearing, as provided herein, shall be held if it appears that a quarantine for more than the ninety-day period will be necessary to prevent or retard the spread of the pest. The commission shall give notice of the establishment of the quarantine in such newspapers in the quarantined area as it may select. The commission may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area and may without further hearing extend the regulated area to include additional portions of the quarantined area upon publication of a notice to that effect in such newspapers in the quarantined area as it may select or by direct written notice to those concerned.
Following establishment of the quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established within, from, into or through this State contrary to regulations promulgated by the commission. Notice of the regulations shall be published in such newspapers in the quarantined area as the commission may select.
The regulations may restrict the movement of the pest and any regulated articles from the quarantined or regulated area in this State into or through other parts of this State or other states and from the quarantined or regulated area in other states into or through this State and shall impose such inspection, disinfection, certification or permit and other requirements as the commission deems necessary to effectuate the purposes of this chapter.
HISTORY: 1976 Act No. 649 Section 4.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-60. Additional powers of commission.

Whenever the commission finds any article that is infested or reasonably believed to be infested or a host or pest exists on any premises or is in transit in this State, it may, upon giving notice to the owner or his agent in possession thereof, seize, quarantine, treat or otherwise dispose of such pest, host or article in such manner as the commission deems necessary to suppress, control, eradicate or to prevent or retard the spread of a pest, or the commission may order such owner or agent to so treat or otherwise dispose of the pest, host or article. The owner of any property destroyed or ordered to be treated or otherwise disposed of under this section may, in an action against this State in the appropriate court for the county in which he resides or the property was located, recover just compensation for any property so destroyed or the reasonable costs of disposal of any property so ordered if he establishes that the property was not a pest, host or infested article.
HISTORY: 1976 Act No. 649 Section 5.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-70. Inspections.

To effectuate the purposes of this chapter, the commission may with a warrant or the consent of the owner make reasonable inspection of any premises in this State and any property therein or thereon and may without a warrant stop and inspect, in a reasonable manner, any means of conveyance moving within this State upon probable cause to believe it contains or carries any pest, host or other article subject to this chapter and may make any other reasonable inspection of any premises or means of conveyance for which, under the Constitution of the United States and the Constitution of this State, no warrant is required.
The courts of this State shall have authority to issue warrants for such inspections upon a showing by the commission that there is probable cause to believe that there exists in or on the property to be inspected a pest, host or other article subject to this chapter.
HISTORY: 1976 Act No. 649 Section 6.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-80. Cooperation with federal and adjacent state agencies.

(1) The commission may cooperate with any agency of the federal government in such operations and measures as is deemed necessary to suppress, control, eradicate or to prevent or retard the spread of any plant pest including the right to expend state funds on federal lands.
(2) The commission may cooperate with agencies of adjacent states in such operations and measures as it deems necessary to locate; to suppress, control or eradicate; or to prevent or retard the spread of any pest. The use of funds appropriated to carry out this chapter for operations in adjacent states must be approved in advance by the Governor or his designee.
HISTORY: 1976 Act No. 649 Section 7.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-85. Certification of cotton growers' organization; eligibility requirements; certifying resolution; revocation.

(A) The commission may certify a cotton growers' organization for the purpose of entering into agreements with the State of South Carolina, other states, and federal agencies as may be necessary to carry out the purposes of this chapter.
A cotton growers' organization may apply to the commission for certification. In order to be eligible for certification by the commission, an organization must demonstrate to the satisfaction of the commission that:
(1) It is a nonprofit organization and may qualify as a tax exempt organization under Section 501(a) of the Internal Revenue Code of 1954 [26 USC 501(a)];
(2) Membership in the organization is open to all cotton growers in this State;
(3) The organization has only one class of members with each member entitled to only one vote;
(4) The organization's board of directors is composed of five cotton growers from this State being appointed by the commission on recommendation of the Director, and in accordance with the grower organization's bylaws, for a one year term. Their successors shall be elected for two year terms by the members of the approved cotton growers' organization. The Director or his designee shall also serve on the board;
(5) All books and records of account and minutes of proceedings of the organization are available for inspection or audit by the Director or his representative at any reasonable time;
(6) Employees or agents of the growers' organization who handle funds of the organization are adequately bonded.
(B) Upon determination by the commission that the organization meets the requirements of subsection (A), the commission must adopt a resolution certifying the organization as the official boll weevil eradication organization.
The commission may certify only one organization but may revoke the certification of the organization if at any time the organization fails to meet the requirements of this chapter.
HISTORY: 1983 Act No. 36 Section 5.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-90. Treatment or destruction of cotton.

The commission or its authorized agent may destroy or in its discretion treat with pesticides, volunteer or other noncommercial cotton, and establish procedures by regulation for the purchase and destruction of commercial cotton when such action is deemed necessary to implement the purposes of this chapter.
HISTORY: 1976 Act No. 649 Section 8; 1983 Act No. 36 Section 6.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-100. Penalties.

(A) A person who violates Section 46-10-60 or who alters, forges, counterfeits, or uses without authority a certificate, a permit, or other document provided for in this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court.
(B) A person who knowingly moves a regulated article into this State from a quarantined area of another state which has not been treated or handled under provisions of the quarantine and regulations in effect at the point of origin is guilty of a misdemeanor and, upon conviction, must be punished as in subsection (A).
HISTORY: 1976 Act No. 649 Section 9; 1983 Act No. 36 Section 7; 1985 Act No. 13, Section 1; 1991 Act No. 66, Section 1, eff May 22, 1991; 2017 Act No. 31 (S.570), Section 3, eff May 10, 2017.
Effect of Amendment
2017 Act No. 31, Section 3, in (A), deleted "or in regulations of the commission" following "in this chapter".
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-110. Caution in use of pesticides or in eradication methods.

The commission shall use all means necessary to insure that the pesticides used or the methods employed to eradicate the pest will not harm organisms other than the pest habitating the treatment area or surrounding areas.
The commission may regulate the pasturage of livestock, entrance by unauthorized persons, and location of honey bee colonies in any quarantined area or in any field which has been or is to be treated with pesticides, or otherwise treated to cause the eradication of the pest.
Extreme caution shall be employed by the commission to guard against the spread of any harmful substances used in the eradication of the boll weevil to areas other than the treatment area.
HISTORY: 1976 Act No. 649 Section 10.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-120. Cotton producer referendum.

The Boll Weevil Eradication Program, as provided for under this chapter, must be implemented for a specified time determined by the commission if it determines that the federal government and the commercial cotton producers of this State, as determined by referendum conducted by the commission, shall cooperate and provide for the cost of carrying out the provisions of this chapter for the specified time. The cotton producer referendum must receive the favorable vote of two-thirds of the producers casting votes. All commercial cotton producers in South Carolina shall receive ballots and are eligible to vote.
Upon termination of the time specified in the last referendum, the commission shall establish an assessment, not to exceed ten dollars an acre, to cover suppression and containment costs on all cotton acreage within the eradication area as long as a containment program is necessary. This assessment and program duration is subject to change when petitioned by ten percent of the commercial cotton producers of this State.
HISTORY: 1982 Act No. 281, Section 2; 1985 Act No. 13, Section 2; 1988 Act No. 554, Section 1, eff May 29, 1988; 1990 Act No. 491, Section 3, eff May 29, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 10 - Boll Weevil Eradication › Section 46-10-130. Assessments and penalties against cotton growers.

(A) Each commercial cotton grower in this State is assessed an annual uniform fee determined by the commission not to exceed ten dollars an acre subject to change as provided in Section 46-10-120. The assessment must be utilized by the commission to carry out this chapter. The funds must be remitted promptly to the organization certified according to this chapter under terms and conditions the commission considers necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests. The certified organization shall provide to the division an annual audit of its accounts performed by a certified public accountant. The assessments collected by the commission under this chapter are not state funds.
(B) A cotton grower who fails to pay when due and upon reasonable notice an assessment levied under this chapter is subject to a penalty of not more than twenty-five dollars an acre, established in the commission regulations, in addition to the assessment.
(C) A cotton grower who fails to pay an assessment including penalties within fifteen days of notice of a penalty shall destroy cotton plants growing on his acreage which are subject to the assessment. Cotton plants not destroyed are a public nuisance. The director may apply to a court of competent jurisdiction to abate and prevent the nuisance. The director is not required to file a bond. Upon judgment and order of the court, the nuisance is condemned and must be destroyed in the manner it directs. This injunctive relief is available to the director in addition to and does not preclude other legal remedies.
(D) For a first delinquency, an assessment and penalties not paid by the cotton grower within thirty days of the notice of a penalty automatically operate as a lien upon crops growing upon the land, or otherwise in the possession, of the grower until the assessment and penalties are paid in full. For a subsequent delinquency or for an unsatisfied crop lien, an assessment and penalties not paid by the grower within thirty days of the notice of a penalty automatically operate as a lien upon the real property he owns. These liens are of equal dignity with liens for taxes in favor of the State. The director may issue executions for collection of assessments in the manner executions are issued for ad valorem property taxes due the State. Sheriffs and deputies, upon request of the director, shall levy and collect executions and return them to the director in the manner tax executions are levied and returned to county tax collectors and tax commissioners.
(E) The cotton grower is liable for court costs, fees, and other reasonable expenses incurred in the enforcement of this section.
HISTORY: 1982 Act No. 281, Section 2; 1983 Act No. 36 Section 8; 1985 Act No. 13, Section 3; 1988 Act No. 554, Section 2, eff May 29, 1988; 1989 Act No. 31, Section 1, eff March 31, 1989; 1990 Act No. 491, Section 4, eff May 29, 1990; 1991 Act No. 66, Section 2, eff May 22, 1991.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 11 - Pest Control Compact › Section 46-11-20. Cooperation of State departments, agencies, and officers with insurance fund.

Consistent with law and within available appropriations, the departments, agencies and officers of this State may cooperate with the insurance fund established by the Pest Control Compact.
HISTORY: 1962 Code Section 3-192; 1971 (57) 459.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 11 - Pest Control Compact › Section 46-11-30. Copies of bylaws and amendments to be filed with Commissioner.

Pursuant to Article IV (h) of the compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture.
HISTORY: 1962 Code Section 3-193; 1971 (57) 459.