reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 11 - Pest Control Compact › Section 46-11-40. Compact to be administered by Commissioner.

The compact administrator for this State shall be the Commissioner of Agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of his office.
HISTORY: 1962 Code Section 3-194; 1971 (57) 459.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 11 - Pest Control Compact › Section 46-11-50. Requests or applications from insurance fund.

Within the meaning of Article VI (b) or VIII (a), a request or application from the insurance fund may be made by the Commissioner of Agriculture whenever in his judgment the conditions qualifying this State for such assistance exist and it would be in the best interest of this State to make such request.
HISTORY: 1962 Code Section 3-195; 1971 (57) 459.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 11 - Pest Control Compact › Section 46-11-60. Crediting amount of payments to State under compact.

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state treasury the amount or amounts of any payments made to this State to defray the cost of such program, or any part thereof, or as reimbursement thereof.
HISTORY: 1962 Code Section 3-196; 1971 (57) 459.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-10. Short title; administration.

This chapter may be cited as the "South Carolina Pesticide Control Act" and must be administered by the State Crop Pest Commission.
HISTORY: 1975 (59) 284; 1979 Act No. 180 Section 1; 1992 Act No. 467, Section 5, eff July 1, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-45. Pesticide registration fees; classes of fees.

There are two classes of pesticide registration fees as follows:
(1) Basic. All pesticide products are classified as basic pesticides, solely for determination of the annual registration fee. The classification may not affect a pesticide's state or federal classification as a general use pesticide or a restricted use pesticide. All registrants shall pay an annual basic registration fee of one hundred seventy-five dollars for each product registered. This fee may not be increased except by an act passed by the General Assembly other than the annual appropriations bill. This fee must be used to support the general regulatory enforcement and education programs of the Division of Regulatory and Public Service.
(2)(a) Special. In instances where identifiable types of pesticides require regulatory activities exceeding those provided by the general regulatory program, the director in consultation with pesticide registrants shall prepare and submit to the legislature a report containing:
(i) the identity of the particular types of pesticides and a listing of such pesticides which warrant special regulatory activity;
(ii) an evaluation and explanation of the special regulatory activity necessary, the approximate duration, and the costs of implementing and maintaining this activity;
(iii) a recommendation of the appropriate allocation of these costs; and
(iv) a recommendation of a special registration fee to collect the necessary amount to be paid by the registrants to fund the special regulatory activity.
(b) All special fees collected must be devoted exclusively to the special regulatory activities for which they were established and are not subject to any direct or indirect charges, costs, or assessments by any state agency. Special fees must be terminated when the special regulatory activities which these fees support are no longer required.
HISTORY: 1996 Act No. 325, Section 1, eff upon approval (became law without the Governor's signature on May 21, 1996); 2005 Act No. 91, Section 1, eff May 26, 2005.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-55. Regulation of structural pest control activity.

Structural pest control activity must be regulated by the director in accordance with this chapter and the regulations promulgated by its authority. The director may promulgate the necessary regulations relating to structural pest control activity.
HISTORY: 1989 Act No. 155, Section 1, eff June 6, 1989.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-70. Classification of certified applicators' licenses.

The Director shall classify licenses to be issued to certified applicators under this chapter. Such classifications may include but not be limited to ground, aerial, or manual methods used by any licensee to apply pesticides or the use of pesticides to control pests.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-80. Expiration and renewal of licenses.

(A) All licenses provided for in this chapter expire December thirty-first of the year dated to expire. A person holding a current valid license may renew the license upon payment of applicable fees and without reexamination.
(B) The director by regulation shall establish provisions, which may not include reexamination, unless required to do so under federal law, to ensure that certified applicators continue to meet the requirements of changing technology and to ensure a continuing level of competence and ability to use pesticides safely and properly.
(C) If a license is not renewed by April first of the calendar year following its expiration, the licensee shall take another examination. If application for renewal of a license is not filed before January first annually, a penalty of twenty-five percent of the original fee must be assessed.
HISTORY: 1975 (59) 284; 1979 Act No. 180 Section 10; 1980 Act No. 384; 1982 Act No. 466 Part II Section 49; 1995 Act No. 23, Section 2, eff April 4, 1995.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-100. Financial responsibility required for commercial applicator's license.

The director may not issue a commercial applicator's license until the applicant has furnished evidence of financial responsibility with the director which may include, but is not limited to, a surety bond or a liability insurance policy or certification protecting persons who may suffer legal damages as a result of the application of pesticides by the commercial applicator or his agents or employees.
(1) The amount of the financial responsibility provided in this section must be not less than twenty-five thousand dollars for property damage and public liability insurance. The director by regulation may increase the financial responsibility to not more than one hundred thousand dollars by category or classification. Financial responsibility must be maintained at not less than that sum at all times during the licensed period. The director must be notified ten days before a reduction or cancellation at the request of the applicant or cancellation or nonrenewal of surety financial responsibility by the surety or insurer. The director may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding one thousand dollars. If the applicant has not satisfied the requirement of the deductible clause it must not be accepted by the director unless the applicant furnishes the director with a surety bond or liability insurance which satisfies the amount of the deductible as to all claims that may arise in his application of pesticides. A surety bond or insurance policy must be issued by a company authorized to do business within this State. The bond must be filed with the department and exists for the benefit of a holder of a final judgment against the person who filed the bond for personal liability or property damages, or both, as contemplated in item (4). Aerial applicators insured or bonded under Section 55-8-50, may utilize the coverage provided by that policy or bond if the policy or bond specifically covers personal injury or property damage, or both, caused by the aerial application of pesticides in the required amount. The aerial applicator shall furnish appropriate documentation of the coverage to the director.
(2) The director may provide by regulation for self insurance.
(3) Nothing in this chapter relieves a person from liability for damage to the person or lands of another caused by the use of pesticides even though the use conforms to the regulations promulgated by the director.
(4) The insurance or bond coverage required of commercial applicators must provide specifically for personal injuries or property damages, or both, caused by the application of pesticides by the commercial applicator or his agents or employees. However, this requirement does not guarantee control of the pest for which the application is made.
HISTORY: 1975 (59) 284; 1992 Act No. 467, Section 3, eff July 1, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-120. Records as to use of restricted use pesticides.

The Director may require licensees to maintain records with respect to amount of restricted use pesticides used. Such records shall be kept for that period of time required by regulations promulgated by the Environmental Protection Agency under Public Law 92-516 from the date of the purchase of the pesticide to which such records refer, and the Director or his designee shall, upon submitting a request in writing, have access to inspect and copy all records required to be maintained by this chapter.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-130. Reciprocity.

The Director may issue a license or certificate on a reciprocal basis with other states and federal agencies without examination to a nonresident who furnishes evidence that he is licensed or certified in another state substantially in accordance with the provisions of this chapter; provided, that financial security as provided for in Section 46-13-100 is met.
Licenses or certifications issued pursuant to this subsection may be suspended or revoked in the same manner and on the same grounds as other licenses or certifications pursuant to this chapter, or upon suspension or revocation of the license, or certification of another state or the federal government supporting the issuance of a South Carolina license or certification.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-140. Exemptions from licensing requirements.

A. The provisions of Section 46-13-60 relating to licenses and requirements for their issuance shall not apply to a doctor of veterinary medicine applying pesticides to animals during the normal course of his veterinary practice; provided, that he is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation or does not publicly hold himself out as a pesticide applicator.
B. The provisions of Section 46-13-60 relating to licenses and requirements for their issuance shall not apply to medical personnel (both private and governmental) applying pesticides to man during the normal course of medical practice.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-160. Information and courses of instruction.

The Cooperative Extension Service and other divisions of Clemson University shall, in cooperation with other public educational institutions and any other state agency, publish information and conduct short courses of instruction in the areas of knowledge required in Section 46-13-60.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-175. Discretion to make pesticides available for minor uses.

The director shall use discretion to waive any provisions of this chapter, as necessary, to insure the availability of pesticides for minor uses.
HISTORY: 1992 Act No. 467, Section 7, eff July 1, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-180. Penalties.

(1) Criminal Penalty. Any person who wilfully violates the provisions of this chapter, including, but not limited to, working without the appropriate South Carolina Commercial Pesticide Applicator's License or South Carolina Pest Control Business License, is guilty of a misdemeanor and, upon conviction, shall be punished as follows:
(a) for a first offense, by a fine of not more than one hundred dollars or imprisonment for not more than thirty days;
(b) for a second offense, by a fine of not more than five hundred dollars or imprisonment for not more than sixty days;
(c) for a third or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than ninety days.
(2) Civil Penalty. In addition to a denial, suspension, revocation, or modification of a license or certificate or any other penalty as set forth in this chapter, an applicant, a holder of a license or certificate, or a person who receives compensation for making a pesticide application on property who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense. The provisions of this subsection do not apply to a homeowner who makes a pesticide application in his home in accordance with state and federal law.
HISTORY: 1975 (59) 284; 1979 Act No. 180 Section 12; 1989 Act No. 155, Section 3, eff June 6, 1989; 2017 Act No. 31 (S.570), Section 4, eff May 10, 2017.
Effect of Amendment
2017 Act No. 31, Section 4, in (1), substituted ", including, but not limited to, working without the appropriate South Carolina Commercial Pesticide Applicator's License or South Carolina Pest Control Business License, is" for "or regulations promulgated pursuant thereto shall be deemed", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-185. Prosecution of criminal violators; use of counsel.

The director may prosecute criminal violators of this chapter and may use his own counsel in inferior courts but only when the defendant chooses to be represented by counsel. Counsel employed by the director may assist the solicitor, when requested, in general sessions court, the Court of Appeals, and the Supreme Court.
HISTORY: 1989 Act No. 155, Section 2, eff June 6, 1989.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-190. Subpoenas.

The Director may issue subpoenas to compel the attendance of witnesses or production of books, documents and records anywhere in the State in any hearing affecting the authority or privilege granted by a license or permit issued under the provisions of this chapter.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-200. Adjudication of alleged violations; disposal of condemned pesticides or devices.

A. After service of a "stop sale, use, or removal" order is made upon any person, either that person, the registrant, or the Director may file an action in a court of competent jurisdiction in the county in which a violation of this chapter or regulations adopted thereunder is alleged to have occurred for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this chapter or regulations adopted thereunder.
B. If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs, and if such pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State treasury; provided, that the pesticide or device shall not be sold contrary to the provisions of this chapter or regulations adopted thereunder. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing, or otherwise bringing the product into compliance.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-210. Judicial review.

A person aggrieved by action of the director in a contested case, as defined in Section 1-23-310, may obtain a review of the case pursuant to the Administrative Procedures Act.
HISTORY: 1975 (59) 284; 1992 Act No. 467, Section 4, eff July 1, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-230. Disposition of fees.

All fees collected pursuant to the provisions of this chapter shall be retained by the Director of the Division of Regulatory and Public Service Programs of Clemson University and deposited in a separate fund for use in the administration of this chapter.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 13 - Pesticide Control Act › Section 46-13-240. Federal, interstate, and intrastate cooperation.

The Director may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter and in order:
A. To secure uniformity of regulations;
B. To cooperate in the enforcement of the Federal Pesticide Control Laws through the use of state and federal personnel and facilities and to implement cooperative enforcement programs;
C. To develop and administer state programs for training and certification of certified applicators consistent with federal standards;
D. To contract for training with other agencies including federal agencies for the purpose of training certified applicators;
E. To contract for monitoring pesticides for the national plan;
F. To prepare and submit state plans to meet federal certification standards; and
G. To regulate certified applicators.
HISTORY: 1975 (59) 284.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-10. General duties of Department of Agriculture.

For the purpose of aiding, establishing and providing proper facilities for the efficient handling of farm and other food products in the interest of the farmer, consumer and general public and to assist in the disposal and sale of such products the Department of Agriculture shall be responsible for the implementation of the provisions of this chapter.
HISTORY: 1962 Code Section 3-200; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-21. Abolition of State Agricultural Marketing Commission.

Effective July 1, 1975, the State Agricultural Marketing Commission is abolished and all powers, duties, assets and liabilities of the commission are devolved upon the Department of Agriculture to be exercised by the Commission of Agriculture.
HISTORY: 1977 Act No. 214 Section 8.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-30. Filing and posting of rules and regulations.

Any rules and regulations made and promulgated under the provisions of paragraph (12) of Section 46-15-20 shall be filed with the Secretary of State and shall be posted in a conspicuous place in each market. When so filed and posted such rules and regulations shall have the force and effect of law.
HISTORY: 1962 Code Section 3-200.2; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-40. Availability of inspection, grading, and buyers' services to other markets.

The inspection, grading and buyers' services herein provided for shall be available to private markets, cooperative markets and markets of any political subdivision at such reasonable charges as the Department may make and in compliance with the rules and regulations which the Department may promulgate.
HISTORY: 1962 Code Section 3-200.3; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-50. Market records.

The Department shall keep such records with respect to the markets established by it under the provisions of this chapter and Article 1 of Chapter 19 and shall require the keeping of such records by the local marketing authorities established hereunder as in its judgment will contribute to a better knowledge of farm market needs and cost and will suggest ways of increasing the efficiency in the operation of the markets.
HISTORY: 1962 Code Section 3-200.4; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-60. Deposit and disbursement of proceeds of operations.

All funds realized from or in connection with the operation of the wholesale farmers' markets established by the Department under the provisions of this chapter and Article 1 of Chapter 19 shall be deposited monthly with the State Treasurer to the account of the Department to be expended for the purposes authorized in this chapter.
HISTORY: 1962 Code Section 3-200.5; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-70. Agricultural Marketing Advisory Council; membership and terms.

To assist and advise the Department of Agriculture to carry out its responsibilities prescribed in this chapter, there is hereby created the Agricultural Marketing Advisory Council which shall consist of the Commissioner of Agriculture and the President of Clemson University and five public members appointed by the Governor. One appointed member shall be a commercial producer of fruits or vegetables; one shall be a commercial producer of poultry or eggs; one shall be a commercial producer of livestock; one shall be a wholesale produce merchant; and one shall be a retail grocer. Terms of appointed members shall be for two years only from June 4, 1975. The Commissioner of Agriculture shall serve as chairman of the council.
HISTORY: 1962 Code Section 3-200.6; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-80. Agricultural Marketing Advisory Council; meetings and compensation.

The council shall meet as often as may be deemed necessary at the call of the chairman. Appointed members shall receive mileage, per diem and subsistence as is provided by law for state boards, committees and commissions for attending meetings of the committee. Provided, that the Council shall meet at least quarterly.
HISTORY: 1962 Code Section 3-200.7; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-90. Agricultural Marketing Advisory Council; duties.

In the exercise of its functions the council shall make recommendations to the Commissioner of Agriculture as to the implementation and administration of the responsibilities of the Department under this chapter and conduct studies and compile information as deemed necessary as a basis for such recommendation.
HISTORY: 1962 Code Section 3-200.8; 1975 (59) 258.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 15 - Agricultural Marketing Generally › Section 46-15-100. Penalties.

Any person who shall, within the bounds of any market established under the provisions of this chapter and Article 1, Chapter 19, violate any of the provisions hereof is guilty of a misdemeanor, punishable by a fine of not exceeding one hundred dollars or imprisonment for not exceeding thirty days.
HISTORY: 1962 Code Section 3-200.9; 1975 (59) 258; 2017 Act No. 31 (S.570), Section 5, eff May 10, 2017.
Effect of Amendment
2017 Act No. 31, Section 5, substituted "is guilty" for "or any rule or regulation promulgated hereunder shall be guilty", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-20. Declaration of purpose.

The marketing of agricultural products within this State affects the public interest. It is declared to be the purpose of this chapter to promote the general welfare of the State by enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading and standardizing of the commodities they produce and in promoting and increasing the sale and proper use of such commodities. This chapter is enacted in the exercise of the police powers of this State for the purpose of protecting the health, peace, safety, and general welfare of the people of this State.
HISTORY: 1962 Code Section 3-235.1; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-30. Declaration of policy.

It is hereby declared to be the policy of this chapter:
(a) To aid agricultural producers in preventing economic waste in the marketing of their agricultural commodities and in developing more efficient methods of marketing agricultural products.
(b) To enable agricultural producers of this State, with the aid of the State:
(1) To develop, and engage in research and educational programs to develop better and more efficient marketing and utilization of agricultural products;
(2) To establish orderly marketing of agricultural commodities;
(3) To provide for uniform grading and proper preparation of agricultural commodities for market;
(4) To provide methods and means including, but not limited to, public relations and promotion for the maintenance of present markets and for the development of new or larger markets, both domestic and foreign, for agricultural commodities produced within this State and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of such agricultural commodities to market;
(5) To eliminate or reduce economic waste in the marketing or use of agricultural commodities;
(6) To restore and maintain adequate purchasing power for agricultural producers.
(c) To protect the interest of consumers by assuring a sufficient pure and wholesome supply of agricultural commodities of good quality at all seasons and times.
HISTORY: 1962 Code Section 3-235.2; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-50. Enforcement and administration of chapter; when Commission shall issue, amend, or terminate marketing agreements or orders.

The Commission shall enforce this chapter but issuance, termination of marketing agreements and orders shall be accomplished according to the procedures set forth in this chapter.
(a) This chapter shall be administered under the direct control and supervision of the Commission, including such administrative requirements of marketing orders and agreements not specifically assigned to commodity boards.
(b) Whenever the Commission has reason to believe that the issuance, amendment, or termination of a marketing agreement or order will effectuate the policy of this chapter with respect to any agricultural commodity, and in the case of application for issuance, amendment or termination of a marketing agreement or order, ten or more producers of such commodity apply by petition to the Commission, the Commission shall give due notice of, and an opportunity for, a public hearing upon such issuance, amendment, or termination, and shall issue marketing agreements and orders and from time to time amend or terminate such agreements and orders whenever the Commission shall find that such agreement, order, or amendment:
(1) Will tend to effectuate one or more of the declared policies of this chapter and is needed in order to effectuate such agreement, order or amendment.
(2) Is reasonably adapted to accomplish the purposes and objects for which it is issued and complies with this chapter.
(3) Has been approved or favored by the percentage of producers required by this chapter.
HISTORY: 1962 Code Section 3-235.4; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-60. Proposals; records to be kept by Commission.

The Commission shall cause any proposed marketing agreement, order, amendment, or termination to be set out in writing which shall be designated "proposal." The Commission shall maintain on file in the Department a copy of each proposal and a record of all notices, hearing, findings, decisions, and all other proceedings relating to each proposal, marketing agreement and order.
HISTORY: 1962 Code Section 3-235.5; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-70. When notice, hearing, and referendum are required; costs.

No marketing order, agreement, amendment, or termination shall be issued without notice and public hearing. No marketing order or termination shall be issued without assent by referendum. The costs of initial hearings and the referendum in the case of marketing orders shall be paid by the Commission.
HISTORY: 1962 Code Section 3-235.6; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-80. How notice of hearing is given.

The Commission shall publish notice of any hearing before considering and acting upon any proposal for a period of not less than five days in a newspaper of general circulation in Columbia, Greenville, and Charleston and such other newspapers as the Commission may prescribe, and shall post notice of such hearing on a public bulletin board to be maintained for such purpose in the Department. No public hearing shall be held prior to five days after the last day of such period of publication. The notice shall set forth the date, time, and place of the hearing, the agricultural commodity and the area covered by the proposal, a concise statement of the proposal; a concise statement of each additional subject upon which the hearing examiner will hear evidence and make a determination; the purposes for which money, if any, is sought to be raised including the amount necessary for the implementation of the proposed marketing order or amendments; where copies of the proposal may be obtained; and any other information which is deemed necessary. On the day preceding the first day on which such notice is published, the Commission shall also mail a copy of the notice to all producers directly affected by such proposal whose addresses are on file in the Department.
HISTORY: 1962 Code Section 3-235.7; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-90. Conduct of hearing.

Every hearing shall be public and all testimony shall be under oath and a permanent record maintained. The Commission shall designate a member of the Department to be the hearing examiner in any hearing, and he may exercise any power herein conferred upon the Commission in connection therewith, including the power to administer oaths, examine witnesses and issue subpoenas. At each hearing the hearing examiner shall receive evidence with respect to all of the matters and things upon which a finding may be based.
HISTORY: 1962 Code Section 3-235.8; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-100. Findings and preliminary decision of Commission.

The Commission shall make and publish a finding based upon the facts, testimony and evidence received at the public hearing together with any other relevant facts available from official publications of the United States or any state or any institution of recognized standing and the Commission is empowered to take "judicial notice" of such publications. Such findings shall be made upon every material point controverted at the hearing and required by this chapter and upon such matters and things as they may deem proper. The Commission shall issue a preliminary decision based upon the findings and such preliminary decision shall be delivered to all parties of record appearing at the hearing, or their representatives of record.
HISTORY: 1962 Code Section 3-235.9; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-110. Filing of objections; final decision.

After the issuance of a preliminary decision all interested parties shall have a period of not less than ten days to file objections with the Commission. Thereafter the Commission shall consider such objections and exceptions and shall issue and publish a final decision.
HISTORY: 1962 Code Section 3-235.10; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-120. Requirements for preliminary and final decisions; notice of final decision; final decision denying proposal.

The preliminary decision shall contain the text in full of any proposal and may deny or approve the proposal, recommend a marketing agreement, order, amendment, or termination containing other or different terms or conditions from those contained in the proposal; provided, that the preliminary decision shall be substantially within the purview of the notice or hearing and shall be supported by evidence taken at the hearing or by documents of which the Commission is authorized to take judicial notice. The final decision by the Commission shall set out in full the text of the proposal and the Commission shall deliver copies of the final decision to all producers and handlers directly affected by such final decision and whose addresses appear on file in the Department, on the day next preceding the day on which the final decision is issued, and to all parties of record appearing at the hearing, or their representatives of record. If the final decision denies the proposal in its entirety no further action shall be taken by the Commission.
HISTORY: 1962 Code Section 3-235.11; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-130. Assent to marketing agreements or amendments; when agreements or amendments may be enforced; when agreements are deemed issued.

With respect to marketing agreements, the Commission shall, after publication of the final decision, invite all producers affected thereby to agree to the marketing agreement or amendment set out in such decision. The marketing agreements or amendments shall be binding only upon persons who have agreed in writing thereto and whose written agreement has been filed with the Commission; provided, that the Commission shall enforce a marketing agreement or amendment only when it shall be found in addition to the other findings specified in this chapter that such marketing agreement or any amendment thereto has been assented to by a sufficient number of signatories who produce a sufficient volume of the commodity affected and sufficient moneys from assessments levied to defray the necessary expenses of issuance and enforcement is provided. The marketing agreement shall be deemed to be issued and in effect when the Commission has notified all persons who have assented thereto.
HISTORY: 1962 Code Section 3-235.12; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-140. Referendum to determine assent to marketing order.

After final recommendation of the adoption, amendment, or termination of a marketing order, the Commission shall determine by referendum whether the affected producers assent to the proposed action. The Commission shall conduct the referendum within forty-five days after the issuance of the final order. The affected producers shall be deemed to have assented to the proposal if either of the following conditions are met:
(1) If sixty-six and two-thirds percent or more by number of those voting representing fifty-one percent or more of the volume of the affected commodity produced by those voting assent to the proposal.
(2) If fifty-one percent or more by number of those voting representing sixty-six and two-thirds percent or more of the volume of the affected commodity produced by those voting assent to the proposal.
HISTORY: 1962 Code Section 3-235.13; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-150. When marketing order shall have effect of law; effect of defeat of order at referendum.

If the commission determines that the requisite assent is given it shall issue and put an order or amendment or termination to it into force, and every provision has the force of law and is binding upon every affected producer and handler within the specified area. Issuance is accomplished by publication for one day in a newspaper of general circulation in Columbia, Greenville, and Charleston and in the affected area of notice if different from these three cities, stating that the marketing order has been issued, amended, or terminated, and where copies of the order, amendment, or termination may be obtained. If the commission determines that the requisite assent has not been given, no further action must be taken by the commission upon the proposal, and the order, amendment, or termination contained in the final order is without force or effect. The provisions of this chapter are exempt from the requirements of Article 1, Chapter 23 of Title 1.
HISTORY: 1962 Code Section 3-235.14; 1968 (55) 2743; 1989 Act No. 49, Section 1, eff April 11, 1989; 1990 Act No. 486, Section 1, eff May 29, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-160. When Commission may amend or suspend agreement or order.

The Commission may, upon the advice of the commodity board serving under any agreement or order and without opportunity for public hearing or referendum as herein provided:
(a) Amend any marketing agreement or order as to any minor matter or wording which does not substantially alter the provisions and intention of such agreement or order;
(b) Suspend any such agreement or order or term or provision thereof for a period of not to exceed one year, if the Commission upon the advice of the commodity board, finds that such suspension will tend to effectuate the declared policy of this chapter; provided, that any suspension of such agreement or order shall be effective only until the end of the then current marketing season.
HISTORY: 1962 Code Section 3-235.15; 1968 (55) 2743; 1970 (56) 2287.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-180. Agreements and orders administered by Commission with advice and approval of commodity board; employment of additional personnel.

Each marketing agreement and order shall be administered by the Commission with the advice and approval of a commodity board. For these purposes there shall be included in each order, and may be included in each agreement provisions for the employment of such additional personnel, including attorneys engaged in the private practice of law, subject to the approval and supervision of the Attorney General as determined by the commodity board and the Commission to be necessary and proper. Such provisions may provide for the qualifications, method of selection, term of office, grounds of dismissal, and the detailed powers and duties to be exercised by such additional personnel as may be employed.
HISTORY: 1962 Code Section 3-235.17; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-190. Establishment of commodity boards.

Every marketing agreement and order must provide for the establishment of a commodity board of not less than seven nor more than thirteen members and specify the exact number, qualification, nomination, election or appointment, term of office, powers, and all other matters pertaining to the board. The members of the board must be producers. The chairman of the commission or a member of the commission or department designated by the commission must be an ex officio member of each commodity board and has a vote as specified in the order or agreement.
HISTORY: 1962 Code Section 3-235.18; 1968 (55) 2743; 1994 Act No. 455, Section 1, eff June 16, 1994.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-200. Qualifications of board members.

The producers of a commodity board must be practical producers of the affected commodity and must be citizens and residents of this State, each of whom is and actually has been engaged in producing the affected commodity within the State for a period of one year and during that period has derived a substantial portion of his income from it. The qualification of members of the board as provided in this section shall continue during their terms of office.
HISTORY: 1962 Code Section 3-235.19; 1968 (55) 2743; 2004 Act No. 193, Section 1, eff March 26, 2004.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-210. Terms of office, election, or appointment of board members.

(a) The term of office of board members shall be three years, and one third, as nearly as may be possible, shall be elected or appointed every year; provided, that at the inception of any agreement or order the entire board shall be elected or appointed, one third for a term of one year, one third for a term of two years, and one third for a term of three years.
(b) Any marketing agreement or order may provide either for election of board members as specified by such agreement or order or for appointment of board members by the Commission.
(c) Any marketing agreement or order may provide for election or appointment of board members by districts.
HISTORY: 1962 Code Section 3-235.20; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-220. Nomination of candidates for boards.

For the purpose of nominating candidates to be voted upon for election to commodity boards, or to be considered as candidates for appointment to commodity boards, the Commission shall call separate meetings of the affected producers, and in case elections or appointments shall be by districts he shall call separate meetings for each district. However, at the inception of any marketing agreement or order, nominations may be at the issuance hearing. Nomination meetings shall be called annually and at least thirty days in advance of the date set for the election or appointment of board members. Notice of every such meeting shall be published in a newspaper of general circulation within the affected area defined in the order or agreement not less than ten days in advance of the date of such meeting and written notice of every such meeting shall be given to all affected producers on the list maintained pursuant to Section 46-17-170 (e), and notice of every such meeting shall be posted on a public bulletin board as provided in Section 46-17-80. If the agreement or order provides for election or appointment by districts, such written notice need be given only to the producers residing in or whose principal place of business is within such district. Nonreceipt of notice by any interested person shall not invalidate proceedings at such meetings, provided that notice was duly posted in the United States mail. Any qualified person may be nominated orally at such meeting for membership upon such board by election or appointment as provided by the marketing order or agreement. Nominations may also be made within five days after any such meeting by written petition filed with the Commission and signed by not less than five affected producers entitled to participate in such meeting. Selection from among nominees, either by election or appointment, shall be specifically designated in the marketing order or agreement.
HISTORY: 1962 Code Section 3-235.21; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-230. Vacancies on boards; quorum.

In the event of a vacancy on the board, the remaining members shall select a qualified person for appointment by the Commission to fill the unexpired term. A majority of the voting members of the board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.
HISTORY: 1962 Code Section 3-235.22; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-240. Compensation and expenses of board members.

The members of the board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards which shall be paid out of commodity board funds. The ex officio members shall be reimbursed by their departments or from funds of the Commission for the actual expenses incurred in the performance of duties.
HISTORY: 1962 Code Section 3-235.23; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-250. Boards may appoint or utilize committees and other advisers.

Each commodity board shall be authorized to appoint or utilize committees and individuals to advise the Commission or the commodity board and to fix the compensation for such services, which may be paid from the funds of the board.
HISTORY: 1962 Code Section 3-235.24; 1968 (55) 2743.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 17 - Agricultural Commodities Marketing › Section 46-17-260. Powers of boards generally; Commission to certify status and changes in membership; marketing orders and agreements, bylaws, rules, and regulations filed with Secretary of State.

Each commodity board is authorized to accept donations, gifts, and other property to be used for commodity board purposes. Each commodity board may exercise the powers and authority conferred by law upon corporations. It shall be the duty of the Commission to certify to the Secretary of State the status and changes in the membership of each commodity board. All marketing orders and agreements receiving assent in referendum and all bylaws and rules and regulations pertaining thereto shall be filed in the office of the Secretary of State.
HISTORY: 1962 Code Section 3-235.25; 1968 (55) 2743; 1970 (56) 2287.