reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-50. Injunctions against actual or threatened misappropriations.

(A) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. Such reasonable period of time shall take into account the average rate of business growth that would have been gained from nonmisappropriated use of the misappropriated trade secret.
(B) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(C) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-70. Time limit for bringing action.

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-80. Bad faith; award of attorney's fees.

If (1) a claim of misappropriation is made in bad faith, (2) a motion to terminate an injunction is made or resisted in bad faith, or (3) wilful misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-90. Persons guilty of stealing trade secrets; criminal penalties.

(A) A person, with intent to or reason to believe that it will injure an owner and benefit a person other than the owner, shall be fined not more than $100,000 or imprisoned not more than ten years, or both, if he:
(1) steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains trade secrets;
(2) wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys trade secrets;
(3) receives, buys, or possesses trade secrets, knowing the trade secrets have been obtained by any means described in items (1) or (2);
(4) attempts to commit any offense described in items (1) through (3);
(5) wrongfully solicits another to commit any offense described in items (1) through (3); or
(6) conspires with one or more other persons to commit any offense described in items (1) through (3), and where one of the conspirators performs an act to further the conspiracy.
(B) In a prosecution for any violation of subsection (A) of this section the court must, pursuant to Section 39-8-100, preserve the secrecy of an alleged trade secret.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-100. Criminal proceedings; finding of disclosure of trade secrets; issuance of protective order.

(A) If the court finds that a trade secret may be disclosed during a criminal proceeding, the court must issue a protective order limiting the use and dissemination of the trade secret including, but not limited to, articles disclosing that secret, provided that the issuance of a protective order would not conceal fraud or work an injustice. The protective order may, in the court's discretion, include the following provisions:
(1) that the information produced pursuant to this section may be disclosed only to persons identified in the written protective order of the court and may be used or disclosed only in the action in which it is produced;
(2) that the defendant may view the secret only in the presence of his counsel or at counsel's office;
(3) that a party seeking to show the trade secret, or articles containing the trade secret, to a person not designated by the protective order must first obtain court approval to do so.
(a) The court must require that the person receiving the trade secret do so only in the presence of counsel for the party requesting protection.
(b) The court must require the person receiving the trade secret to sign a copy of the protective order and a confidentiality agreement with the trade secret owner and to agree to be bound by its terms. The order may include a provision recognizing the owner of the trade secret to be a third-party beneficiary of that agreement.
(c) The court shall require a party seeking disclosure to an expert to provide that expert's name, employment history, and any other relevant information to the court for examination. The court must evaluate the expert and determine whether the expert poses a significant risk of compromise.
(4) that no articles disclosing the trade secret may be filed or otherwise made a part of the court record available to the public without approval of the court and prior notice to the owner of the secret. The owner of the secret may give permission to accept the notice on the owner's behalf;
(5) other orders as the court considers necessary to protect the integrity of the trade secret.
(B) During proceedings where trade secrets may be disclosed, the court may, in its discretion, take other appropriate measures to protect against disclosure of trade secrets.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-110. Chapter's effect on conflicting tort, restitutionary, and other laws; effect on remedies.

(A) Except as provided in subsections (B) and (C), this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.
(B) This chapter does not affect:
(1) contractual remedies, whether or not based upon misappropriation of a trade secret or protection of a trade secret;
(2) the provisions of the South Carolina Tort Claims Act.
(C) Any and all other civil remedies that are not based upon misappropriation of a trade secret or upon protection against misappropriation of a trade secret are governed by the rules of procedure, rules of evidence, regulations, and the common law applicable to the administrative law tribunal or court where the action is filed.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-120. Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-130. Retroactive application of chapter.

This chapter does not apply to a misappropriation occurring before July 1, 1997, or a continuing misappropriation that began before July 1, 1997.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-10. Short title.

This chapter is entitled the "Uniform Weights and Measures Law".
HISTORY: 1962 Code Section 66-151; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment substituted "is" for "shall be".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-20. Definitions.

When used in this chapter:
(1) "Weights or measures", or both, means all weights and measures of every kind, instruments, and devices for weighing and measuring and an appliance and accessories associated with the instruments and devices.
(2) "Weight" as used in connection with a commodity or service means net weight. It means net drained weight when a commodity is sold by drained weight.
(3) "Correct" as used in connection with weights and measures means conformance to all applicable requirements of this chapter.
(4) "Primary standards" means the physical standards of South Carolina which serve as the legal reference from which all other standards and weights and measures are derived.
(5) "Secondary standards" means the physical standards traceable to the primary standards through comparisons using acceptable laboratory procedures and used in the enforcement of weights and measures law and regulations.
(6) "Commissioner" means the Commissioner of Agriculture of South Carolina.
(7) "Person" means both plural and singular, as applicable, and includes individuals, partnerships, corporations, companies, societies, and associations.
(8) "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale.
(9)(a) Except as modified by application of the uniform packaging and labeling regulation, "package", standard or random, means a commodity:
(i) enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or
(ii) whose weight or measure has been determined in advance of wholesale or retail sale.
(b) An individual item or lot of a commodity on which there is marked a selling price based on an established price for each unit of weight or measure is considered a package.
(10) "Net weight" means the weight of a commodity excluding materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons, except, depending on the type of service rendered, packaging materials may be considered to be part of the service. The service of shipping includes the weight of packaging materials.
(11) "Random weight" package means a package that is one of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights.
(12) "Standard weight" package means a package that is one of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations.
HISTORY: 1962 Code Section 66-152; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment revised definitions and references to conform to federal law and added paragraphs (8)-(12).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-30. Certain weighing devices are subject to standards and inspection.

When a fee is paid for service rendered by a weighing device, the weighing device is subject to the standards and the inspection provided by this chapter, and the person owning or operating the device is subject to its penalties.
HISTORY: 1962 Code Section 66-152.1; 1953 (48) 322; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-40. Systems of weights and measures which are recognized; definitions and tables published by National Institute of Standards and Technology govern.

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or both of these systems must be used for all commercial purposes in the State. The definitions of basic units of weights and measures, the tables of weight and measure, and weights and measures equivalents published by the National Institute of Standards and Technology are recognized and govern weighing and measuring equipment and transactions in the State.
HISTORY: 1962 Code Section 66-153; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment substituted "National Institute of Standards and Technology" for "National Bureau of Standards" and made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-50. State's primary standards; verification of secondary standards.

Weights and measures traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, are the state's primary standards of weights and measures and must be maintained in a calibration prescribed by the institute. All secondary standards may be prescribed by the Commissioner of Agriculture and must be verified upon their initial receipt and as often as considered necessary by the commissioner.
HISTORY: 1962 Code Section 66-154; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment substituted "National Institute of Standards and Technology" for "National Bureau of Standards"; substituted "may be prescribed by the Commissioner of Agriculture and must" for "used in the enforcement of this chapter shall" and made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-60. Specifications, tolerances, and other technical requirements for commercial weighing and measuring devices.

The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices", and its supplements and revisions, apply to commercial weighing and measuring devices in the State, except as modified or rejected by regulation.
HISTORY: 1962 Code Section 66-155; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment substituted "National Institute of Standards and Technology" for "National Bureau of Standards" and made grammatical changes; inserted "law enforcement, data gathering, and other".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-62. Requirements for packaging and labeling of commodities.

The Uniform Packaging and Labeling Regulations adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to packaging and labeling in the State, except as modified or rejected by regulation.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-64. Requirements for method of sale of commodities.

The Uniform Regulation for the Method of Sale of Commodities adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to the method of sale of commodities in the State, except as modified or rejected by regulation.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-65. Registration of servicepersons and service agencies for commercial weighing and measuring devices.

The Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to the registration of servicepersons and service agencies in the State, except as modified or rejected by regulation.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-66. Requirements for type evaluation.

The Uniform Regulations for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to type evaluation in the State, except as modified or rejected by regulation.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-68. Department of Agriculture Consumer Services Division; fee for calibrations performed for private sector entities.

The Department of Agriculture Consumer Services Division is charged with, but is not limited to, performing the following functions in connection with weights and measures on behalf of the citizens of the State:
(1) assuring that weights and measures in commercial service within the State are suitable for their intended use, properly installed, and accurate and are so maintained by their owner or user;
(2) preventing unfair or deceptive dealing by weight or measure in a commodity or service advertised, packaged, sold, or purchased within this State;
(3) making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the division;
(4) promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this State and those of other states and federal agencies;
(5) encouraging desirable economic growth while protecting the consumer through the adoption by regulation of weights and measures requirements necessary to assure equity among buyers and sellers.
The Department of Agriculture shall charge a fee of forty-five dollars an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by subsection (3). Revenues generated by these fees shall be used by the department to offset expenses incurred in operating the Metrology Laboratory.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994; 2008 Act No. 353, Section 2, Pt 7C, eff July 1, 2009.
Effect of Amendment
The 2008 amendment added the undesignated paragraph at the end relating to fees for calibrations performed for private sector entities.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-80. Inspection and testing of moisture meters.

Moisture meters or other measuring devices used to determine the moisture content of grain or soybeans offered or exposed for sale must be inspected and tested within six months before November first each year and at other times determined by the Department of Agriculture in the same manner provided by law for the testing of scales by the department. The department may promulgate regulations necessary to carry out this section.
HISTORY: 1962 Code Section 66-156.1; 1973 (58) 434; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-90. Powers of Commissioner of Agriculture.

When necessary for the enforcement of this chapter or regulations promulgated pursuant to it, the commissioner may:
(1) enter commercial premises during normal business hours. If the premises are not open to the public, he first shall present his credentials and obtain consent before making entry. If entry is denied, he may apply for a search warrant from a person authorized to issue it;
(2) issue stop-use, hold, and removal orders with respect to weights and measures commercially used and to packaged commodities or bulk commodities kept, offered, or exposed for sale;
(3) seize for use as evidence without formal warrant an incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of this chapter or regulations promulgated pursuant to it;
(4) stop a commercial vehicle and after presentation of his credentials inspect the contents and require the person in charge of that vehicle to produce documents in his possession concerning the contents and proceed with the vehicle to some specified place for inspection.
HISTORY: 1962 Code Section 66-157; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-100. Powers and duties of county and municipal weights and measures officials.

Weights and measures officials appointed for a county or municipality have the duties and powers enumerated in this chapter, except duties and powers reserved to the State by law or regulation. These powers and duties extend to their respective jurisdictions, except the jurisdiction of a county official does not extend to a municipality for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or in conflict with state requirements.
HISTORY: 1962 Code Section 66-158; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-110. Selling less or taking more than quantity represented prohibited.

No person may:
(1) sell, offer, or expose for sale less than the quantity represented;
(2) take more than the represented quantity when, as buyer, he furnishes the weight or measure by means of which the quantity is determined; or
(3) represent the quantity in a manner calculated or tending to mislead or deceive another person.
HISTORY: 1962 Code Section 66-159; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment added the paragraph designators (1) and (2), and added paragraph (3).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-120. Misrepresentation of price prohibited; display of price.

No person may misrepresent the price of a commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or deceive a person. Whenever an advertised, posted, or labeled price for each unit of weight, measure, or count includes a fraction of a cent, all elements of a fraction must be displayed prominently, and the numerals expressing the fraction must be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of the numerals representing the whole cent.
HISTORY: 1962 Code Section 66-160; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-130. Standard cord-equivalent weights for pulpwood.

(A) Pulpwood sold in South Carolina by weight must be based on the following weights as standard cord equivalents:
(1) hardwood:
(a) soft hardwoods: 5,450 pounds;
(b) hard hardwoods: 6,200 pounds;
(c) mixed hardwoods: 5,800 pounds;
(2) pine: all counties: 5,350 pounds.
(B) For purposes of this section hard hardwoods include oaks, hickorys, pecans, persimmon, ironwood, locusts, holly, dogwood, chinaberrys, and cherry. Others are classified as soft hardwoods.
(C) A person violating this section, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
HISTORY: 1962 Code Section 66-160.1; 1970 (56) 1964; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment added designators and made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-140. Measures by which commodities are sold.

(A) Except as otherwise provided by the Commissioner of Agriculture or by firmly established trade custom and practice, commodities:
(1) in liquid form must be sold by liquid measure or by weight;
(2) not in liquid form must be sold only by weight, measure, or count.
(B) The method of sale must provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons.
HISTORY: 1962 Code Section 66-161; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment revised this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-150. Delivery ticket must accompany certain bulk sales and bulk deliveries; information to be contained on ticket.

Bulk sales in which the buyer and seller both are not present to witness the measurement, bulk deliveries of heating fuel, other bulk sales specified by regulation of the Department of Agriculture must be accompanied by a delivery ticket containing the following information:
(1) name and address of the vendor and purchaser;
(2) date delivered;
(3) quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity including, but not limited to, temperature compensated sales;
(4) unit price unless otherwise agreed upon by the buyer and seller;
(5) identity in the most descriptive terms commercially practicable including quality representation made in connection with the sale;
(6) count of individually wrapped packages, if more than one, for commodities bought from bulk but delivered in packages.
HISTORY: 1962 Code Section 66-162; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment revised this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-160. Information on packages.

Except as otherwise provided in this chapter or by regulations promulgated pursuant to it, a random or standard package kept for the purpose of sale or offered or exposed for sale must bear on the outside of the package a definite, plain, and conspicuous declaration of:
(1) identity of the commodity in the package, unless it easily may be identified through the wrapper or container;
(2) quantity of contents in terms of weight, measure, or count;
(3) name and place of business of the manufacturer, packer, or distributor for a package kept, offered, or exposed for sale in a place other than on the premises where packed.
HISTORY: 1962 Code Section 66-163; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment substituted "a random or standard package" for "any package", changed designators (a)-(c) to (1)-(3), and made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-170. Situation in which package must show price per single unit of weight.

In addition to the declarations required by Section 39-9-160, a package being one of a lot containing random weights of the same commodity, when it is offered or exposed for sale at retail, must bear on the outside of the package a plain and conspicuous declaration of the price for each kilogram or pound and the total selling price of the package.
HISTORY: 1962 Code Section 66-164; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-180. Declaration of quantity required in advertisement stating retail price.

Whenever a packaged commodity is advertised with the retail price stated, there must be associated closely and conspicuously with the retail price a declaration of quantity as required by law or regulation to appear on the package. Where a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure must appear in the advertisement.
HISTORY: 1962 Code Section 66-165; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-200. Unlawful acts.

No person may:
(1) use or have in possession for use in commerce an incorrect weight or measure;
(2) sell or offer for sale for use in commerce an incorrect weight or measure;
(3) remove a tag, seal, or mark from a weight or measure without specific written authorization from the proper authority;
(4) hinder or obstruct a weights and measures official in the performance of his duties;
(5) violate this chapter or regulations promulgated pursuant to it.
HISTORY: 1962 Code Section 66-167; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment deleted the opening paragraph containing penalty provisions, redesignated (a), (b) and (c) as (1), (3), and (4), added (2) and (5), and made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-203. Civil penalties; civil action to recovery penalty.

A person who by himself, by his servant or agent, or as the servant or agent of another person commits one or more of the acts enumerated in Section 39-9-200 may be subject to a civil penalty. A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first offense;
(2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense;
(3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-206. Administrative hearing before assessment of a civil penalty; amount of penalty.

(A) Subject to appropriate judicial review, upon a violation of this chapter, the Commissioner of Agriculture or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first offense;
(2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense;
(3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense.
(B) A civil penalty collected under this chapter must be transmitted to the State Treasurer for deposit in a fund to be used by the Department of Agriculture.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-208. Unlawful acts; criminal penalties.

(A) A person who commits one or more of the acts enumerated in Section 39-9-200 is guilty of a misdemeanor, and, upon a first conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than three months, or both. Upon a subsequent conviction, he must be fined not less than five hundred nor more than one thousand dollars or imprisoned not more than one year, or both.
(B) A person who performs one or more of the following acts is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars or imprisoned not more than ten years, or both:
(1) intentionally violates this chapter or regulations promulgated pursuant to it;
(2) is convicted under subsection (A) more than three times in a two-year period;
(3) uses or has in possession a device which has been altered to facilitate fraud.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-210. Restraining orders, temporary or permanent injunctions.

The Commissioner of Agriculture may apply to a court of competent jurisdiction for a restraining order or temporary or permanent injunction restraining a person from violating this chapter.
HISTORY: 1962 Code Section 66-168; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment substituted "Commissioner of Agriculture may" for "Commissioner is authorized to" and added "restraining order or " before "temporary".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-220. Presumption as to use of weight, measure, or weighing or measuring device.

Whenever there exists a weight or measure or weighing or measuring device in or about a place in which or from which buying or selling commonly is carried on, there is a rebuttable presumption that the weight or measure or weighing or measuring device is used regularly for the business purposes of that place.
HISTORY: 1962 Code Section 66-169; 1971 (57) 241; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-230. Implementation of metric system; duties of Commissioner of Agriculture; advisory committee.

The Commissioner of Agriculture has general advisory authority over the implementation of the metric system in this State. To assist in the implementation there is created a nine member advisory committee including the executive officers or their designated staff member from the State Law Enforcement Division, the State Commission on Higher Education, the State Board for Technical and Comprehensive Education, the State Department of Education, the South Carolina Department of Transportation, State Department of Public Safety, the Department of Commerce, one member appointed by the Governor who is associated with the textile industry and serves without compensation, and one member appointed by the Governor from his staff. If a designated member ceases to be on the staff of the state agencies provided in this section, he no longer is a member of the advisory committee, and the executive officer shall serve or designate another member of his staff to serve on the committee. Members of the committee serve until this section and Section 39-9-240 have been implemented fully. The Commissioner of Agriculture, with the assistance and recommendations of the committee, shall:
(1) formulate a suggested program necessary to plan for the gradual implementation in the commerce of this State to the metric system;
(2) provide to the General Assembly recommendations for achieving conversion of units of measurement as used in this State to the metric system;
(3) encourage all state departments, divisions, agencies, boards, and commissions having authority or responsibility in matters concerning standards of weights and measurement to initiate planning for the gradual conversion to and implementation of the metric system of weights and measures of this State.
HISTORY: 1977 Act No. 234 Section 2; 1993 Act No. 181, Section 846, eff July 1, 1993; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Transportation, Department of Public Safety, the Department of Commerce" for "State Department of Highways and Public Transportation, the Alcoholic Beverage Control Commission, the State Development Board".
The 1994 amendment made grammatical changes.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 9 - Weights And Measures › Section 39-9-240. Metric Education Committee.

A Metric Education Committee consisting of the Superintendent of the State Department of Education or his representative, the Chairman of the State Board for Technical and Comprehensive Education or his representative, and the Chairman of the State Commission on Higher Education or his representative shall develop and encourage implementation of a metric education plan within initial emphasis on the immediate requirements of the commercial and industrial community and a long-range plan of public education.
HISTORY: 1977 Act No. 234 Section 3; 1994 Act No. 501, Section 2, eff August 25, 1994.
Effect of Amendment
The 1994 amendment deleted designators (1), (2), and (3), and inserted "State" preceding "Commission".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-20. "Public weighmaster" defined.

(A) "Public weighmaster" is:
(1) Any person licensed by the Commissioner of Agriculture to weigh, measure, or count any commodity and issue for it a statement or memorandum of the weight, measure, or count accepted as the accurate weight or measure or count.
(2) Any person engaged in the business of public weighing or measuring for hire or award.
(3) Any person engaged in the business of buying or selling grain or soybeans who uses a moisture meter or other measuring device to determine the moisture content of these commodities.
(4) Any person who weighs, measures, or counts any commodity and declares the weight or measurement to be the true and accurate weight or measurement upon which the purchase, sale, or exchange of the commodity is based and received compensation for the act.
(B) The following may not be construed to be public weighmasters:
(1) Retailers weighing or measuring commodities for sale by them at retail directly to consumers.
(2) A person weighing, measuring, or counting property, produce, commodities or articles on which property, produce, commodity or article the package net weight is declared in conformity with the South Carolina weights and measures law.
(3) Employees of the South Carolina Department of Agriculture authorized to perform their department's duties.
HISTORY: 1962 Code Section 66-172; 1967 (55) 512; 1971 (57) 498; 1973 (58) 434; 1997 Act No. 30, Section 1, eff May 21, 1997.
Effect of Amendment
The 1997 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-30. Registration of weighmasters.

Each public weighmaster shall pay a registration fee of five dollars to the Department of Agriculture for the privilege of operating in the locality of his principal place of business. All employees designated by a registered and approved public weighmaster also are covered under the provisions of this chapter.
HISTORY: 1962 Code Section 66-173; 1967 (55) 512; 2010 Act No. 260, Section 1, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-60. Length of registration.

Notwithstanding another provision of law, registrations and renewals for public weighmasters shall be for three years.
HISTORY: 1962 Code Section 66-175.1; 1971 (57) 498; 2010 Act No. 260, Section 2, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-80. Refusal or revocation of license.

The Commissioner of Agriculture, after a hearing, may refuse to issue or may revoke a public weighmaster license issued to any person who cannot capably or reliably perform the duties of a public weighmaster, and he, after a hearing, may refuse to renew a public weighmaster license to any person who has not capably or reliably performed the duties of a public weighmaster.
HISTORY: 1962 Code Section 66-177; 1967 (55) 512; 2010 Act No. 260, Section 3, eff June 11, 2010.
Effect of Amendment
The 2010 amendment deleted the second undesignated paragraph relating to deputy weighmaster licenses.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-90. Limited licenses for public officers and employees.

The Commissioner may, upon request and without charge, issue a limited license as a licensed public weighmaster to any qualified officer or employee of a city or county of this State or of a State commission, board, institution, or agency, authorizing such officer or employee to act as a licensed public weighmaster only within the scope of his official employment in the case of an officer or employee of a city or county or only for and on behalf of the State commission, board, institution, or agency in the case of an officer or employee thereof.
HISTORY: 1962 Code Section 66-178; 1967 (55) 512.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-100. Public weighmaster stamp.

Each public weighmaster shall obtain a public weighmaster stamp for stamping weight or measure certificates. The public weighmaster stamp is the property of the State and must be forfeited and returned to the Department of Agriculture upon termination of the performance of the duties as public weighmaster.
Each public weighmaster registered under this chapter shall obtain from the Commissioner of Agriculture the stamp as provided in this chapter and pay for the stamp at actual cost to the State. The Commissioner of Agriculture shall prescribe the form and design of the weighmaster stamp.
Monies collected under this section must be deposited with the State Treasurer and expended for the purpose described in this section. All stamps issued to the public weighmasters must be paid for from this fund.
Stamps returned to the Commissioner of Agriculture must be defaced and destroyed or otherwise disposed of by the Department of Agriculture.
The public weighmaster stamp is a recognized authority of accuracy, and the stamp must be applied to all weight or measure certificates at the time of issuance, if requested by the customer to whom the certificate is issued.
HISTORY: 1962 Code Section 66-179; 1967 (55) 512; 1989 Act No. 76, Section 1, eff May 10, 1989.
Effect of Amendment
The 1989 amendment in the last paragraph added at the end, "if requested by the customer to whom the certificate is issued", and made grammatical changes throughout.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-110. Issuance of certificates by weighmasters; records.

It shall be the duty of every public weighmaster registered under this chapter to issue a certificate of weight, measure, count, recording or readings on forms approved by the Commissioner of Agriculture to enforce the provisions of this chapter together with rules and regulations relating thereto. All public weighmasters shall keep and preserve, as records, for a period of one year from date of issuance unless otherwise specified in regulations authorized by the Commissioner of Agriculture, copies of all certificates issued upon public weighings, measurings, or counts. These records shall at all times be open for inspection by the Commissioner of Agriculture or by his authorized representatives.
HISTORY: 1962 Code Section 66-180; 1967 (55) 512.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-120. Contents of certificates; penalty for alterations.

Certificates of weights and measures issued by public weighmasters shall contain the accurate and correct weight or measure or count of any and all commodities or products weighed or measured or counted. Any public weighmaster who alters the certificate is guilty of a misdemeanor.
HISTORY: 1962 Code Section 66-181; 1967 (55) 512; 1997 Act No. 30, Section 2, eff May 21, 1997.
Effect of Amendment
The 1997 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-130. Compelling return of state stamp upon violation of chapter.

The department may direct and compel the return of the state stamp where the public weighmaster is guilty of a violation of this chapter.
HISTORY: 1962 Code Section 66-182; 1967 (55) 512; 1989 Act No. 76, Section 2, eff May 10, 1989.
Effect of Amendment
The 1989 amendment deleted reference to forfeiture of bond.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-140. Certain acts declared misdemeanors.

Any person shall be guilty of a misdemeanor who does any one of the following acts:
(a) Requests a public weighmaster, or any person employed by him, to weigh, or measure any commodity falsely or incorrectly.
(b) Requests a false or incorrect certificate of weights and measures.
(c) Acts as a public weighmaster or deputy public weighmaster without first being licensed.
HISTORY: 1962 Code Section 66-183; 1967 (55) 512; 1997 Act No. 30, Section 3, eff May 21, 1997.
Effect of Amendment
The 1997 amendment, in item (b), deleted "State" preceding "certificate", and rewrote item (c).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-150. Reweighing commodity of disputed weight or measure for certificate previously issued by weighmaster.

When doubt or differences arise as to the correctness of the net or gross weight or measure of any amount or part of any commodity for which a State certificate of weights and measures has been issued by a public weighmaster, the owner, agent, or consignee may, upon complaint to the Commissioner of Agriculture, have the amount or part thereof reweighed by the Department of Agriculture or a public weighmaster designated by it, upon depositing a sufficient sum of money to defray the actual cost of reweighing with the Commissioner of Agriculture or his representative. If, on reweighing, a difference from the original certified weight is discovered as the result of fraud, carelessness, or faulty apparatus, the cost of reweighing shall be borne by the public weighmaster responsible for the issuance of the erroneous certificate.
HISTORY: 1962 Code Section 66-184; 1967 (55) 512.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 11 - Public Weighmasters › Section 39-11-160. Net weight and actual weight.

When any commodity is sold subject to public weighmaster weights, such weights shall be the true net weight. Net weight is the correct or actual weight of the commodity excluding the weight of the container or conveyance. Actual weight shall mean the weight obtained from draft of vehicle loads. In determining the net weight of any commodity, the entire weight of the vehicle and load must rest on the scale at one time.
HISTORY: 1962 Code Section 66-185; 1967 (55) 512.