reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-615. Clemson program for seed and plant certification.

Clemson University shall maintain a program of seed and plant certification which shall have as its aim the fostering of the production and distribution of pure varieties of seeds and plants in South Carolina.
HISTORY: 1945 (44) 84; 1952 Code Section 3-441; 1962 Code Section 3-441; 1976 Code Section 46-21-610; 2010 Act No. 238, Section 6, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-625. Personnel; promulgation of regulations; facilities.

In order to carry out the program the University may employ the necessary personnel, establish and promulgate regulations, and provide other facilities necessary for the certification of seeds and plants and for aiding in the distribution and promotion of the use of certified seeds and plants.
HISTORY: 1945 (44) 84; 1952 Code Section 3-442; 1962 Code Section 3-442; 1976 Code Section 46-21-620; 2010 Act No. 238, Section 6, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-635. Agencies to cooperate.

Insofar as the State Department of Agriculture, the Clemson University Cooperative Extension Service, the Clemson University Experiment Station, and the State Crop Pest Commission have to do with the sampling, testing, breeding, production, certification, and distribution of seeds and plants, these agencies shall actively cooperate with the University in carrying out the purposes of this article.
HISTORY: 1945 (44) 84; 1952 Code Section 3-443; 1962 Code Section 3-443; 1976 Code Section 46-21-630; 2010 Act No. 238, Section 6, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-645. Germination and mechanical purity of seed.

Certification of seeds and plants in regard to germination and mechanical purity of the seed depends upon the reports of the seed laboratory of the State Department of Agriculture. Seeds may not be certified by the University unless the germination and purity test reports of the seed laboratory of the department indicate that the seeds comply with the agricultural seed laws of this State.
HISTORY: 1945 (44) 84; 1952 Code Section 3-444; 1962 Code Section 3-444; 1976 Code Section 46-21-640; 2010 Act No. 238, Section 6, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-655. Penalty.

It is a misdemeanor, punishable by fine or imprisonment, in the discretion of the court, for a person selling seeds or plants in this State to use evidence of certification, such as a blue tag or the word "certified", or both, on a package of seeds or plants unless the seeds or plants are inspected and certified as provided for in this article or by a similar legally constituted agency of another state or foreign country. The duty of enforcing the provisions of this article is vested in the Commissioner of Agriculture.
HISTORY: 1945 (44) 84; 1952 Code Section 3-445; 1962 Code Section 3-445; 1976 Code Section 46-21-650; 2010 Act No. 238, Section 6, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 21 - Seeds; Plants; Seed And Plant Certification › Section 46-21-665. Definitions.

(1) The terms "certification" and "certified" as applied to seeds and plants pursuant to this article are defined as a guarantee that all necessary precautions have been taken to see that the seeds and plants conform to commonly recognized standards of quality for seeds and plants as established by Clemson University.
(2) The term "seed" as used in this article refers to the true seeds of all field crops, vegetables, flowers, or other plants.
(3) The term "plant" includes seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other plant parts used in the propagation of field crops, vegetables, fruits, flowers, or other plants.
(4) The term "variety" means its original meaning and includes strains of varieties which are sufficiently different from the parent variety to justify special designation.
HISTORY: 1945 (44) 84; 1952 Code Section 3-446; 1962 Code Section 3-446; 1976 Code Section 46-21-660; 2010 Act No. 238, Section 6, eff. upon approval (became law without the Governor's signature on June 8, 2010).
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-10. Short title.

This chapter may be cited as the "South Carolina Noxious Weed Act".
HISTORY: 1962 Code Section 3-449.1; 1971 (57) 392; 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-20. Definitions.

As used in this chapter:
(a) "Commission" means the State Crop Pest Commission of South Carolina or any other person to whom authority may be delegated to act in its stead.
(b) "Authorized inspector" means an employee of the Division of Regulatory and Public Service Programs, Clemson University or an employee of a cooperating agency specifically authorized to enforce the provisions of the federal Noxious Weed Act.
(c) "Noxious weed" means any living stage of any plant including seed or reproductive parts thereof or parasitic plants or parts thereof which is determined by the State Crop Pest Commission to be directly or indirectly injurious to public health, crops, livestock, or agriculture including, but not limited to, waterways and irrigation canals.
(d) "Move" means to ship, offer for shipment, offer for entry, import, receive for transportation or transport by a common carrier or carry, transport, move or allow to be moved by any means.
(e) "Director" means the Director of the Division of Regulatory and Public Service Programs, Clemson University.
HISTORY: 1962 Code Section 3-449.2; 1971 (57) 392; 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-40. Quarantines.

(a) The commission is authorized and directed to quarantine any county, or any portion thereof, when it deems that such quarantine is necessary to prevent the spread of any noxious weed. Before such quarantine is established, the commission shall give due notice of hearing under such regulations as it may prescribe. At such hearing, any interested party may appear and be heard, either in person or by attorney.
(b) The commission is directed to give notice of quarantine or amendments thereto through publication in the county newspaper.
(c) No persons shall ship or offer for shipment to any common carrier, nor shall any common carrier receive for transportation or transport, nor shall any person carry or transport from any quarantined county or any quarantined portion thereof, into or through any other county, any noxious weed or any other product, article, or means of conveyance of any character whatsoever except as specified in the regulations issued by the commission.
(d) The commission shall make and promulgate rules and regulations governing the inspection, disinfection, certification, and methods and manner of movement of noxious weeds and any carriers thereof specified in the notice of the quarantine.
HISTORY: 1962 Code Section 3-449.4; 1971 (57) 392; 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-50. Commissioner may detect and prevent spread of noxious weeds.

The commission is authorized to carry out operations or measures necessary to detect, eradicate, suppress, control, or prevent the spread of noxious weeds new to or not heretofore widely prevalent or distributed within and throughout the State. The commission is authorized to promulgate rules and regulations to accomplish the purposes of this chapter.
HISTORY: 1962 Code Section 3-449.5; 1971 (57) 392; 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-60. Inspections and seizures.

Any authorized inspector shall have authority to stop and inspect without a warrant any person or means of conveyance moving into the State and any noxious weed, and any product or article of any character whatsoever which it has reason to believe contains or is contaminated with any noxious weed, to determine whether such person, product, article, or means of conveyance contains or is carrying any noxious weed contrary to this chapter or the regulations promulgated thereunder, and whether any such noxious weed, product, article, or means of conveyance contains or is contaminated with any noxious weed or is moving in violation of this chapter or any regulation promulgated thereunder; to stop and inspect, without a warrant, any person, product, article, or means of conveyance moving intrastate and any noxious weed, when it has reason to believe that such means of conveyance, product, or article contains any noxious weed, is contaminated thereby, or is moving contrary to the provisions of this chapter or any regulation promulgated thereunder; and to enter, with a warrant, any premises in the State to make any inspections and seizures necessary under this chapter. Any judge of a court of competent jurisdiction in South Carolina may, within his respective jurisdiction upon proper oath or affirmation showing probable cause to believe that there are on certain premises any noxious weeds, products, articles, or means of conveyance, regulated, or subject to disposal under this chapter, issue warrants for the entry of such premises to make any inspections or seizures under this chapter. Such warrants may be executed by any authorized employee of the Division of Regulatory and Public Service Programs, Clemson University.
HISTORY: 1962 Code Section 3-449.6; 1971 (57) 392; 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-70. Cooperation with other governments and agencies.

The commission is authorized to cooperate with the federal government, state agencies, farmers' organizations, other groups, and individuals in the conduction of those operations necessary to accomplish the purposes of this chapter. The commission is further authorized to cooperate with the governments of other states in carrying out necessary surveys, control operations, or quarantine measures, deemed necessary to eradicate, suppress, control, or retard the spread of noxious weeds, whenever the commission determines that such cooperation with the officials in other states is necessary or desirable to protect the interests of this State.
HISTORY: 1962 Code Section 3-449.7; 1971 (57) 392; 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-80. Penalty.

Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or both.
HISTORY: 1962 Code Section 3-449.8; 1971 (57) 392; 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015; 2017 Act No. 31 (S.570), Section 6, eff May 10, 2017.
Effect of Amendment
2017 Act No. 31, Section 6, substituted "is guilty" for ", or any regulation promulgated thereunder, shall be deemed guilty", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 23 - Noxious Weeds › Section 46-23-90. Delegation of duties to director.

The commission shall delegate the duties provided in this chapter and other applicable chapters of this title to the director who may administer and enforce the provisions and promulgate related regulations. The director is the final decision authority in the designation and management of noxious weeds in the State. The director may hold public hearings at appropriate geographical locations after providing thirty days public notice in at least one newspaper of general circulation in the area. In making final decisions, the director may rely on the findings of any federal or state agencies involved.
HISTORY: 2015 Act No. 15 (H.3323), Section 1, eff May 7, 2015.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-40. Rules and regulations.

The commission may establish such rules and regulations in regard to the inspection, analysis, distribution, and sale of commercial fertilizer, agricultural lime, and soil amendments as shall not be inconsistent with the provisions of this chapter and as in its judgment will best carry out the requirements thereof.
HISTORY: 1962 Code Section 3-504; 1952 Code Section 3-564; 1942 Code Sections 6381, 6384; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-45. Commission to delegate duties to director; director to administer and enforce chapter and promulgate regulations.

The commission shall delegate the duties provided in this chapter to the director who may administer and enforce this chapter and promulgate related regulations.
HISTORY: 1992 Act No. 388, Section 1, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-50. Sales between and to importers, registrants, and manipulators.

Nothing in this chapter shall be construed to restrict or avoid sales or exchange of commercial fertilizers to each other by importers, registrants, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizers to registrants or manipulators who have registered their brands as required by the provisions of this chapter.
HISTORY: 1962 Code Section 3-505; 1954 (48) 1509.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-60. Relief from liability of registrant for distributor's alteration of content or labeling of fertilizer.

If a penalty is incurred as a result of a distributor altering the content or labeling of a commercial fertilizer shipped in bulk to the distributor by a registrant, the commission or its authorized representative may relieve the registrant of the liability for payment of the penalty and, in lieu thereof, assess the penalty against the distributor who deliberately or inadvertently altered the fertilizer or its labeling.
HISTORY: 1962 Code Section 3-506; 1952 Code Section 3-548; 1942 Code Section 6378; 1939 (41) 360; 1954 (48) 1509; 1988 Act No. 595, Section 3, eff June 1, 1988; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-70. Misbranding.

A commercial fertilizer is misbranded if it carries any false or misleading statement upon or attached to the container, or, if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the commercial fertilizer. It shall be unlawful to distribute a misbranded commercial fertilizer.
HISTORY: 1962 Code Section 3-507; 1952 Code Section 3-586; 1942 Code Section 6376; 1939 (41) 360; 1954 (48) 1509.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-75. Certain information to be published.

The commission shall publish at least annually and in such forms as may be deemed proper (1) information concerning the distribution of commercial fertilizers; (2) results of analysis based on official samples of commercial fertilizers distributed within the State as compared with the analysis guaranteed under Sections 46-25-210 and 46-25-410.
HISTORY: 1978 Act No. 578 Section 3; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-80. Penalties for violations of chapter.

A person or dealer who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
HISTORY: 1962 Code Section 3-508; 1952 Code Section 3-504; 1942 Code Section 6385-1; 1939 (41) 360; 1954 (48) 1509; 1993 Act No. 184, Section 241, eff January 1, 1994.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-240. When registration and sale may be prohibited.

The commission may prohibit the registration and sale of any fertilizer which has a misleading or deceptive trademark or commercial brand name, firm name, or carries exaggerated claims, or contains materials other than recognized plant nutrients which are injurious to growing plants.
HISTORY: 1962 Code Section 3-514; 1952 Code Section 3-515; 1942 Code Section 6359; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-250. Revocation or refusal of registration for fraud.

Where it shall appear to the commission that any registrant has been persistently fraudulent in his dealings, the commission may revoke or refuse to register such registrant.
HISTORY: 1962 Code Section 3-515; 1952 Code Section 3-520; 1942 Code Section 6382; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-260. Exclusive use of brand name or trademark.

The brand name or trademark registered by a person shall not be entitled to registration by another; and the person having first registered and used the brand name or trademark shall be entitled to it, even should the brand name or trademark not be offered for current registration.
HISTORY: 1962 Code Section 3-516; 1952 Code Section 3-517; 1942 Code Section 6357; 1939 (41) 360; 1954 (48) 1509.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-410. Information required on containers or with bulk shipments.

All commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form (a) the net weight; (b) the brand and grade; (c) the guaranteed analysis; (d) the name and address of the registrant.
When distributed in bulk, a written or printed statement of the information required by items (a), (b), (c) and (d) of the first paragraph of this section shall accompany delivery and be supplied to the purchaser.
HISTORY: 1962 Code Section 3-531; 1952 Code Sections 3-531, 3-532; 1942 Code Section 6362; 1939 (41) 360; 1954 (48) 1509; 1978 Act No. 578 Section 5.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-510. Sale or distribution of certain superphosphate prohibited.

Superphosphate containing less than eighteen percent available phosphoric acid may not be offered for sale, sold, or distributed in this State.
HISTORY: 1962 Code Section 3-541; 1952 Code Section 3-541; 1942 Code Section 6363; 1939 (41) 360; 1945 (44) 97; 1954 (48) 1509; 1978 Act No. 578 Section 6; 1988 Act No. 595, Section 5, eff June 1, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-520. Regulations concerning minimum standards for certain fertilizer material.

Minimum standards of soda, sulfate of ammonia and superphosphate and other fertilizer materials may be established by regulation.
HISTORY: 1962 Code Section 3-542; 1952 Code Section 3-542; 1942 Code Section 6363; 1939 (41) 360; 1945 (44) 97; 1954 (48) 1509; 1978 Act No. 578 Section 7.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-540. Filler.

It shall be unlawful for any person to manufacture, offer for sale, or sell in this State any commercial fertilizer containing any substance used as a filler that is injurious to crop growth or deleterious to the soil, or to use in such commercial fertilizer as a filler any substance that contains inert plant nutrient material or any other substance for the purpose of or with the effect of deceiving or defrauding the purchaser. The commission shall determine what inert material or substance is injurious or objectionable.
HISTORY: 1962 Code Section 3-544; 1952 Code Section 3-544; 1942 Code Section 6364; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-570. Wet or bad mechanical condition.

No commercial fertilizer shall be offered for sale which contains such an amount of water as to render the handling or manipulation of such commercial fertilizer difficult, or to cause the clogging of fertilizer distributors by reason of its bad mechanical condition; such wet or bad mechanical condition of any commercial fertilizer shall be carefully observed by all fertilizer inspectors at the time of drawing their samples, and be reported to the commission or its duly authorized representative, who, if it confirms the opinion of the inspector, shall forbid the sale of that lot so inspected.
HISTORY: 1962 Code Section 3-547; 1952 Code Section 3-547; 1942 Code Section 6383; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-710. Analyses of official samples; inspectors, chemists and other personnel; reports.

The commission shall cause one or more analyses to be made annually of such commercial fertilizers sold, or offered for sale under the provisions of this chapter, as may be sampled under its direction and in accordance with such regulations as it may adopt. For this purpose, the commission, or a committee thereof, shall appoint or cause to be appointed a sufficient number of administrative personnel, inspectors, and chemists who shall procure and analyze and otherwise experiment with samples of such commercial fertilizers in accordance with the methods prescribed by the commission or its duly authorized agent and who shall perform such other duties as the commission may direct. The analyses of all officially drawn samples will be compiled annually and published as directed by the commission.
HISTORY: 1962 Code Section 3-561; 1952 Code Section 3-561; 1942 Code Section 6368; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-720. Entering premises; inspecting and sampling.

In order to carry out the provisions of this chapter, any officer or agent of the commission or of a committee thereof authorized by the commission for the purpose, may at any hour during the day or night enter any factory, plant, car, or other place in which any commercial fertilizer or substance designed or intended for use as a fertilizer is stored, shipped, sold, or used, and may inspect and sample the contents and operation thereof; and it is hereby made a condition to the shipment or delivery for shipment of any fertilizer from any such factory, plant, car, or truck that such inspection and sampling be permitted by the owner or operator thereof.
HISTORY: 1962 Code Section 3-562; 1952 Code Section 3-562; 1942 Code Section 6372; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-810. Inspection tax and tonnage reports; collection fee.

For the purpose of carrying out the provisions of this chapter, all registrants or guarantors who distribute or sell any commercial fertilizer in South Carolina shall pay to the division an inspection tax of fifty cents for each ton of commercial fertilizer sold. A report of tonnage is due and the inspection tax payable quarterly for periods ending September thirtieth, December thirty-first, March thirty-first, and June thirtieth. The report is due within thirty days following the end of each quarter covering tonnage of commercial fertilizer sold during the preceding quarter by the registrant or guarantor transacting, distributing, or selling to a nonregistrant. If the tonnage report is not filed and the payment of inspection taxes is not made within fifteen days after the date due, a collection fee amounting to ten percent of the amount due must be assessed against the guarantor, and the amount of fees due constitutes a debt and becomes the basis of a judgment against the guarantor. If the tonnage report is not filed and the payment of the inspection tax and collection fee is not made within thirty days after the date due, the registration of the commercial fertilizer registered by the delinquent guarantor is automatically canceled. If the report is false, fifteen days after due written notice and opportunity for hearing have been given, the commission may cancel the registration of commercial fertilizer registered by the delinquent guarantor.
HISTORY: 1962 Code Section 3-571; 1952 Code Sections 3-502, 3-566; 1942 Code Sections 6366, 6371; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992; 2002 Act No. 340, Section 5, eff June 30, 2002; 2005 Act No. 107, Section 3, eff June 1, 2005.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-815. Fertilizer inspection fee.

In addition to the inspection tax on the distribution or sale of commercial fertilizer imposed pursuant to Section 46-25-810, there is imposed an inspection fee equal to one dollar a ton on the distribution or sale of commercial fertilizer in this State.
The provisions of Section 46-25-810 with respect to the liability for reporting, payment, collection, and enforcement of the fifty cents a ton inspection fee on the distribution or sale of commercial fertilizer in this State are deemed to apply to the additional one dollar a ton inspection fee imposed pursuant to this section. All revenues of the fee imposed pursuant to this section must be retained and expended by the Division of Regulatory and Public Service Programs of Clemson University (Clemson PSA) for Clemson PSA programs. Unexpended revenues of this fee at the end of a fiscal year carry forward to the succeeding fiscal year for Clemson PSA and must be used for the same purposes.
HISTORY: 2014 Act No. 140 (S.699), Section 1, eff July 1, 2014.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-820. Annual registration fee and inspection tax on packages containing ten pounds or less.

On individual packages of commercial fertilizer containing ten pounds or less, there must be paid in lieu of the fifty cents a ton inspection tax a combined annual registration fee and inspection tax of sixty dollars for each brand and grade sold or distributed. Where fertilizer is sold or distributed in packages of ten pounds or less as well as in packages over ten pounds, this annual registration and inspection tax of sixty dollars applies only to that portion sold in packages of ten pounds or less. That portion sold in packages over ten pounds is subject to the same regulation requirement provided in Section 46-25-210 and an inspection tax as provided in Section 46-25-810.
HISTORY: 1962 Code Section 3-572; 1954 (48) 1509; 1988 Act No. 595, Section 6, eff June 1, 1988; 2008 Act No. 353, Section 2, Pt 30A.2, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-825. Registration of separately identified products.

Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on the form furnished or approved by the commission and shall be accompanied by a fee of one hundred dollars per product. Upon approval by the commission, a copy of the registration shall be furnished to the applicant. All registrations expire on June thirtieth of the following year. Each manufacturer shall submit to the commission a copy of labels and advertising literature with the registration request for each soil amendment.
HISTORY: 2008 Act No. 353, Section 2, Pt 30A.5, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-830. Reports of sales to nonregistrants.

The registrant or guarantor transacting, distributing, or selling commercial fertilizer to a nonregistrant shall mail to the commission or its duly authorized representative a report showing the following information: name and county of consignee, amount (tons) by grade, and analysis of commercial fertilizer. The report must be made on a special summary form provided by the commission.
Registrants using computers or other mechanical means of compiling accurate fertilizer tonnage data, upon approval of the commission, may submit a summary of the tonnage, along with all other information required for the reporting system, other than the name of the consignee, not later than fifteen days after the first of the following month, in lieu of the special summary form as otherwise required.
HISTORY: 1962 Code Section 3-573; 1954 (48) 1509; 1970 (56) 2399; 1988 Act No. 595, Section 7, eff June 1, 1988; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-840. Financial statement or bond; records.

In order to guarantee faithful performance, each registrant must be able to furnish a satisfactory financial statement or surety bond to the commission or its authorized representative. The registrant must also satisfy the commission or its duly authorized representative that he has a good bookkeeping system and keeps such records as may be necessary to indicate accurately the tonnage of commercial fertilizer sold.
HISTORY: 1962 Code Section 3-574; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-850. Examination of registrant's records.

The commission or its authorized representative shall have authority to examine the registrant's records and verify the tonnages of commercial fertilizer manufactured, stored, handled, or sold.
HISTORY: 1962 Code Section 3-575; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-860. Information confidential.

Any information as to the amount of commercial fertilizer sold and business practices of any guarantor obtained from tonnage reports or from inspection of records and books shall remain confidential and shall not be revealed by the commission or its representatives to the public, persons, or other guarantors.
HISTORY: 1962 Code Section 3-576; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-870. Exemptions.

Nothing in this article shall interfere with fertilizer passing through this State in transit; nor shall it apply to the delivery of commercial fertilizer moving between registrants.
HISTORY: 1962 Code Section 3-577; 1952 Code Section 3-566; 1942 Code Section 6366; 1939 (41) 360; 1954 (48) 1509.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1010. Penalties for plant nutrient deficiencies and other acts; appeals; distribution of penalty sums to consumers.

(1) If the analysis shall show a commercial fertilizer is deficient (a) in one or more of its primary plant foods (NPK) beyond the "investigational allowances" as established by regulation or (b) if the overall commercial value of the fertilizer is below the level established by regulations, a penalty of three times the commercial value of such deficiency or deficiencies shall be assessed. When a fertilizer is subject to a penalty under both (a) and (b) the larger penalty shall apply.
(2) Deficiencies beyond the investigational allowances as established by regulation in any other constituent covered under Section 46-25-30 which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the commission.
(3) If the chlorine content of any lot branded for tobacco shall exceed the maximum amount guaranteed by more than one-half of one percent, the registrant shall be liable for a penalty of ten percent of the value of the fertilizer for each additional one-half of one percent of excess or fraction thereof. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer represented by the sample analyzed.
(4) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of such penalties.
(5) All penalties must be paid within thirty-one calendar days after notice of assessment is made. Failure to pay penalties after notice may result in the revocation of the registrant's license. All penalties assessed under this article for deficiencies in guaranteed analysis of a commercial fertilizer must be entirely for the benefit of the ultimate consumer of the fertilizer. All penalties must be paid by the registrant, manufacturer, distributor, or dealer to the purchaser through the commission, or its authorized representative, by a check or by a credit memorandum in the case of indebtedness of the purchaser to the seller. If the purchaser is not identified, the penalty must be paid by check to the State Treasurer who in turn shall send it to the commission or its authorized representative. The minimum penalty for any deficiency is ten dollars.
HISTORY: 1962 Code Section 3-581; 1952 Code Section 3-577; 1942 Code Section 6373; 1939 (41) 360; 1954 (48) 1509; 1978 Act No. 578 Section 8; 1988 Act No. 595, Section 8, eff June 1, 1988; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1060. Determination and publication of commercial values to use in assessing penalties.

For the purposes of determining the commercial values to be applied under the provisions of this chapter, the commission shall determine and publish annually the relative commercial values per unit of nitrogen, phosphoric acid, and potash in commercial fertilizers in this State. The values so determined and published shall be used in assessing penalties.
HISTORY: 1962 Code Section 3-586; 1952 Code Section 3-576; 1942 Code Section 6373; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1080. Penalty for shortage in weight.

If any commercial fertilizer in the possession of the consumer is found by the commission to be short in weight, the registrant of such commercial fertilizer shall, within thirty days after official notice from the commission or its duly authorized representative, pay to the consumer a penalty equal to four times the value of the actual shortage. Underweight commercial fertilizer stored or offered for sale, other than in the possession of the consumer, shall be deemed misbranded.
HISTORY: 1962 Code Section 3-588; 1952 Code Section 3-575; 1942 Code Section 6375; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1090. Forfeiture for selling, transporting, or receiving improperly branded, tagged, or misbranded fertilizer.

Every person or common carrier who shall sell, offer for sale, or transport in this State any commercial fertilizer without being properly branded or having attached thereto such labels and tags, as required by law, or any person who shall receive any such fertilizer may be required to forfeit to the State a sum not to exceed the selling price of each separate package sold, offered for sale, or received, to be recovered by suit brought in the name of the State in any court of competent jurisdiction. Such forfeitures, when collected, shall be paid to the State Treasurer, who shall hold them subject to the order of the commission. Provided, further, that the penalty defined in this section shall apply also to any misbranded fertilizer, a fertilizer being deemed to be misbranded if it carries any false or misleading statement upon or attached to the package.
HISTORY: 1962 Code Section 3-589; 1952 Code Section 3-586; 1942 Code Section 6376; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1100. Actions by State to recover fines and penalties; liens.

The State may maintain an action in any court of competent jurisdiction against the vendor or owner of any commercial fertilizer sold, offered, or exposed for sale in this State or shipped or transported within or into the State in violation of law, to recover the fines and penalties due for the illegal sale, shipment, or transportation thereof regardless of the domicile or place of residence of such owner, or vendor, and shall have a lien upon such commercial fertilizer, as well as upon any other commercial fertilizers to be found within the State belonging to the offending party or parties, to secure the payment of such fines or penalties and costs and expense of such action, which lien shall be enforced by attachment of such commercial fertilizer under a writ of attachment to be issued in accordance with the practice prescribed in Sections 15-19-10 to 15-19-560, except that no security as required of other plaintiffs by Section 15-19-80, need be given by the State in such action.
HISTORY: 1962 Code Section 3-590; 1952 Code Section 3-582; 1942 Code Section 6377; 1939 (41) 360; 1954 (48) 1509.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1110. Seller deemed agent for service of process on out-of-state manufacturer.

Any seller of commercial fertilizers manufactured beyond this State shall be taken and deemed to be an agent of the manufacturer of such fertilizer for the purpose of the service of process and of such papers as may be necessary in the commencement of any action or suit in any court of competent jurisdiction authorized by this chapter.
HISTORY: 1962 Code Section 3-591; 1952 Code Section 3-582; 1942 Code Section 6377; 1939 (41) 360; 1954 (48) 1509.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1120. Analysis of fertilizer ordered sold.

If there be judgment in favor of this State, as plaintiff, in an action brought under Section 46-25-1100 and the commercial fertilizers be ordered sold under execution to satisfy such judgment, an inspector shall, under direction of the commission, prior to the sale, draw proper samples from such commercial fertilizer, and cause them to be analyzed by the University, and shall affix to the package thereof a statement of the result of such analysis on each package as required by this chapter, so that the purchaser at the sheriff's or constable's sale may purchase such commercial fertilizer under a full guaranteed analysis as provided by law.
HISTORY: 1962 Code Section 3-592; 1952 Code Section 3-584; 1942 Code Section 6377; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1130. Remission of certain penalties.

The commission may remit, in whole or in part, upon payment of the expenses incident to an investigation, any penalty provided for in this article except the penalties provided for the deficiency in analysis, where the offending person or registrant is able to show that its violation of this chapter was beyond its reasonable ability to prevent; such remission of penalty by the commission to be on such condition as to it may seem equitable and fair.
HISTORY: 1962 Code Section 3-593; 1952 Code Section 3-585; 1942 Code Section 6377; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1140. "Stop sale, use, or removal" orders.

The commission or its authorized representative may issue and enforce a written or printed "stop sale, use or removal order" to the owner or custodian of any lot of commercial fertilizer and hold at a designated place when the commission or its authorized representative finds such commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and the commercial fertilizer is released in writing by the commission or its duly authorized representative, or the violation has been otherwise legally disposed of by written authority. The commission or its duly authorized representative shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs, expenses, and penalties incurred in connection therewith have been guaranteed or paid by the registrant.
HISTORY: 1962 Code Section 3-594; 1954 (48) 1509; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1150. Distribution of adulterated fertilizer prohibited.

No person shall distribute an adulterated fertilizer product. A commercial fertilizer shall be deemed to be adulterated if:
(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown on the label.
(2) Its composition falls below or differs from that which it is purported to possess by its labeling.
(3) It contains unwanted crop seed or weed seed.
In the event a penalty is incurred as a result of a distributor altering the content of a commercial fertilizer shipped to him by a registrant in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the registrant, the commission is hereby empowered to relieve the registrant of the liability for payment of the penalty and in lieu thereof assess the penalty against the distributor who altered the commercial fertilizer in the same manner and under the same conditions as provided by this article for assessing penalties against a registrant.
The provisions of this section shall not be construed to limit, waive or in any manner modify the common law right of any person to sue for and collect damages resulting from the use of a defective or adulterated fertilizer product.
HISTORY: 1978 Act No. 578 Section 9; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1160. Use of regulated materials not meeting requirements prohibited; penalties.

It is unlawful for a person to receive or use any materials regulated by this chapter when he knows or should know that the material, the manufacturer, the distributor, or the deliverer fails to meet the requirements set forth in this chapter or in the regulations promulgated by the commission. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not to exceed one thousand dollars.
HISTORY: 1988 Act No. 595, Section 9, eff June 1, 1988; 1992 Act No. 388, Section 3, eff May 15, 1992.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 25 - Fertilizers › Section 46-25-1170. Civil penalty in addition to other penalties.

In addition to a denial, suspension, revocation, or modification of a provision of a license, permit, or certificate, or any other penalty provided in this chapter, a person 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.
HISTORY: 1988 Act No. 595, Section 9, eff June 1, 1988; 2002 Act No. 340, Section 4, eff June 30, 2002.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-10. Short title; administration.

This chapter may be cited as the "South Carolina Agricultural Liming Materials and Landplaster Act" and must be administered by the State Crop Pest Commission.
HISTORY: 1976 Act No. 495 Section 1; 1992 Act No. 378, Section 1, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 26 - Agricultural Liming Materials And Landplaster › Section 46-26-30. Delegation of duties to director.

The commission shall delegate the duties in this chapter to the director who may administer and enforce this chapter and related regulations.
HISTORY: 1976 Act No. 495 Section 3; 1992 Act No. 378, Section 3, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.