reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 29 - Cotton › Section 46-29-10. United States cotton standards adopted.

The official cotton standards of the United States, as established and promulgated from time to time by the Secretary of Agriculture of the United States, shall, while they are in effect, be the official cotton standards of this State.
HISTORY: 1962 Code Section 13-1; 1952 Code Section 13-1; 1942 Code Section 6388; 1932 Code Section 6388; 1922 (32) 840.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 29 - Cotton › Section 46-29-20. Fraudulent packing.

Any person who shall knowingly and wilfully pack into any bag or bale of cotton any stone, wood, trash cotton, cottonseed, water or any matter or thing whatsoever or cause such packing to be done, with the intent and purpose of cheating or defrauding any person whomsoever in the sale of such cotton, or who shall exhibit or offer for sale any bag or bale of cotton so fraudulently packed, at the time of such exhibit or offer for sale any such bag or bale of cotton knowing it to be so fraudulently packed, shall on conviction thereof be sentenced to pay a fine of not more than five hundred dollars nor less than twenty dollars and to be imprisoned for a term of not more than six months nor less than one month.
HISTORY: 1962 Code Section 13-2; 1952 Code Section 13-2; 1942 Code Section 1280; 1932 Code Section 1280; Cr. C. '22 Section 175; Cr. C. '12 Section 453; Cr. C. '02 Section 340; G. S. 2517; R. S. 279; 1875 (15) 976.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 29 - Cotton › Section 46-29-30. Public ginners shall keep books for inspection; numbering of bales.

Every person who runs a public gin shall keep a book in which shall be entered a full account of all the cotton brought thereto with the date and the name of the person bringing it. Such book shall be open to inspection by the public. The ginner shall also, if requested so to do by the owner of the cotton, number consecutively each bale of cotton as it comes from the press, by stencil or other permanent mark, beginning with the number one at the opening of the ginning season, so that the stencil or number mark shall correspond with the number and weight of the identical bale of cotton as it is recorded in the ginner's book of records.
HISTORY: 1962 Code Section 13-4; 1952 Code Section 13-4; 1942 Code Section 6398; 1932 Code Section 6398; Civ. C. '22 Section 3313; Civ. C. '12 Section 2339; 1902 (23) 1021; 1929 (36) 153.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 30 - Tobacco Economy › Section 46-30-210. Definitions.

As used in this article:
(1) "Board" means the South Carolina Tobacco Community Development Board.
(2) "Master Settlement Agreement" means the settlement agreement and related documents entered into on November 23, 1998, by the State and United States tobacco product manufacturers. The Master Settlement Agreement shall be transmitted by the Attorney General to the Secretary of State, maintained as a permanent record in the office of the Secretary of State, and be available as a copy or certified copy to members of the public, upon request and payment of copying costs.
(3) "Tobacco grower" means an individual or entity who, during a base period established by the board, was one or more of the following:
(a) the principal producer of tobacco for use in cigarettes on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281. This definition may include an operator, tenant, or sharecropper who shared in the risk of producing a crop and who was entitled to share in the revenues derived from marketing the cigarette tobacco crop from the farm;
(b) a producer who owned a farm that produced tobacco for use in cigarettes pursuant to a lease and transfer to that farm of all or a part of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281.
(c) a producer who rented farm land to produce tobacco for use in cigarettes under a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281.
(d) In the event of the death of a "tobacco grower", "tobacco grower" also shall include the estate, any trust for family members, and any successors in interest of the tobacco grower" as established to the satisfaction of the board.
(4) "Tobacco quota owner" means the owner of record of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281, during a base period established by the board.
In the event of the death of a "tobacco quota owner", "tobacco quota owner" also shall include the estate, any trust for family members, and any successors in interest of the "tobacco quota owner" as established to the satisfaction of the board.
(5) "Trust" means the National Tobacco Grower Settlement Trust.
HISTORY: 1999 Act No. 77, Section 1, eff June 11, 1999.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 30 - Tobacco Economy › Section 46-30-230. South Carolina Tobacco Community Development Board.

(A) There is created the South Carolina Tobacco Community Development Board. The board is composed of the following fourteen members:
(1) Governor who shall serve as chairman;
(2) Commissioner of Agriculture who shall serve as vice-chairman;
(3) Attorney General who shall serve as secretary;
(4) one member of the State Senate to be appointed by the President of the Senate;
(5) one member of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(6) two members of the state's congressional delegation selected by a majority of the delegation with each member having one vote;
(7) six active flue-cured tobacco farmers of the State to be appointed by the Governor; and
(8) one citizen of the State with a distinguished record of public service to be appointed by the Governor.
(B) The chairman, vice-chairman, secretary, and congressional members serve by virtue of their office. The Senate and House members serve at the pleasure of the President of the Senate and the Speaker of the House of Representatives, respectively. The members of the board appointed by the Governor serve at the Governor's pleasure.
(C) Members serve for a term of four years and until their successors are appointed and qualify. A vacancy on the board must be filled in the same manner as the original appointment for the remainder of the term. A member is not eligible to serve more than two successive four-year terms; however, two additional terms may be served by a member appointed to fill a vacancy when the remainder of that term is three years or less.
(D) Notwithstanding the provisions of subsection (C), the initial members of the board listed below shall serve a two-year term:
(1) one member of the congressional delegation;
(2) three of the tobacco farmers; and
(3) the citizen with a distinguished record of public service.
The other initial members of the board shall serve a four-year term. Successors to each member whose term has expired shall then serve a four-year term.
(E) Members of the board serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(F) Notwithstanding any other provision of law, tobacco farmers may serve on the board; provided, however, members of the board and its employees are subject to the provisions of Chapter 13 of Title 8 of the 1976 Code, the Ethics, Government Accountability and Campaign Reform Act, and Chapter 17 of Title 2 of the 1976 Code, the Lobbyist Reform Act.
HISTORY: 1999 Act No. 77, Section 1, eff June 11, 1999.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 30 - Tobacco Economy › Section 46-30-250. Purposes and powers of Tobacco Community Development Board.

(1) The board is established for the purposes of:
(a) assisting the trust in providing economic aid to the tobacco growers and tobacco quota holders within the State in a manner consistent with provisions of the trust agreement executed by the State for the trust such as:
(i) identifying the tobacco growers and tobacco quota holders of the State that shall receive a payment from the trust;
(ii) determining the respective amount of payment the eligible tobacco farmer and tobacco quota holder shall receive; and
(iii) submitting this information to the trustees of the trust;
(b) carrying out any other responsibilities that assist the trust agreement and are consistent with state law and the purposes of this article.
(2) The board has the power to do any and all lawful acts that may be necessary for the furtherance and accomplishments of the purposes of this board.
HISTORY: 1999 Act No. 77, Section 1, eff June 11, 1999.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 30 - Tobacco Economy › Section 46-30-310. Prohibition against using monies to influence legislation or political campaigns.

Monies paid out by the trust to the board, tobacco growers, and tobacco quota owners may not be used, directly or indirectly, to influence legislation or to participate in political campaigns.
HISTORY: 1999 Act No. 77, Section 1, eff June 11, 1999.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-10. Declaration of public interest.

It is hereby declared to be in the public interest that the farmers of this State who produce flue-cured tobacco be permitted and encouraged to act jointly in promoting flue-cured tobacco by organized methods and through the medium established for such purpose.
HISTORY: 1962 Code Section 3-246; 1952 Code Section 3-246; 1947 (45) 732; 1970 (56) 2292.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-20. Desirability of referendum on annual assessment.

For the purpose of raising reasonable and necessary funds for producer participation in the operations of the agency set up under farmer sponsorship for the promotion of flue-cured tobacco, it is proper, desirable, necessary and in the public interest that the farmers in this State engaged in the production of flue-cured tobacco shall have the opportunity and privilege of participating in a referendum to be held as in this chapter provided, in which there shall be determined the question of whether or not the farmers of the State engaged in the production of flue-cured tobacco shall levy upon themselves an annual assessment for the purposes herein stated.
HISTORY: 1962 Code Section 3-247; 1952 Code Section 3-247; 1947 (45) 732; 1970 (56) 2292.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-30. Provision for referendum; amount of proposed assessment.

In the manner set forth in this chapter and under regulations as established under the provisions of this chapter there must be held in every county in the State in which flue-cured tobacco is produced a referendum to be participated in by all farmers engaged in the production of flue-cured tobacco. Those farmers entitled to share in the crop of flue-cured tobacco or in the proceeds of the crop because of sharing in the risk of production are considered to be engaged in the production of flue-cured tobacco. In the referendum individuals eligible for participation shall vote upon the question of whether or not there must be levied an annual assessment for a period of three years in an amount not to exceed ten dollars an acre on all tobacco acreage, the exact amount an acre to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors, or in an amount not to exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided for in Section 46-31-140.
HISTORY: 1962 Code Section 3-248; 1952 Code Section 3-248; 1947 (45) 732; 1951 (47) 197; 1959 (51) 65; 1970 (56) 2292; 1981 Act No. 158 Section 1; 1988 Act No. 550, Section 1, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-40. Date, hours, voting places, notices, rules and regulations or referenda.

The exact dates on which referenda must be held and the hours, voting places, and regulations under which the referenda must be conducted must be established and determined by the board of directors of the North Carolina corporation known and designated as Tobacco Associates, Incorporated, established under the leadership of farm organizations in the state of North Carolina for the purpose of promotion of flue-cured tobacco. Referenda dates, hours, and voting places, and regulations with respect to the holding of the referenda must be published through the medium of the public press in this State by the board of directors at least fifteen days before the holding of the referendum and direct written notice must be given to all farm organizations within this State and to each county agent in any county in which flue-cured tobacco is grown.
HISTORY: 1962 Code Section 3-249; 1952 Code Section 3-249; 1947 (45) 732; 1951 (47) 197; 1970 (56) 2292; 1981 Act No. 158 Section 2; 1988 Act No. 550, Section 2, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-50. Ballots; poll holders; canvass and declaration of result.

The board of directors of Tobacco Associates, Incorporated, shall prepare and distribute in advance of any such referendum all necessary ballots for the purpose thereof and shall under the rules and regulations promulgated by the board arrange for the necessary poll holders for conducting such referendum. Following any such referendum and within ten days thereafter the board of directors shall canvass and publicly declare the results of such referendum.
HISTORY: 1962 Code Section 3-249.1; 1952 Code Section 3-249.1; 1947 (45) 732.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-60. Question in referendum.

The referendum must be upon the question of whether or not the farmers eligible for participation and voting in the referendum shall vote upon themselves, for the period of three years, an assessment not to exceed ten dollars an acre on all tobacco acreage in the State, or not to exceed fifty cents for each hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided for in Section 46-31-140, for the purpose of providing farmer participation in the fund and through the agency established for the promotion of flue-cured tobacco, the exact amount an acre of the assessment to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors.
HISTORY: 1962 Code Section 3-249.2; 1952 Code Section 3-249.2; 1947 (45) 732; 1951 (47) 197; 1959 (51) 65; 1970 (56) 2292; 1981 Act No. 158 Section 3; 1988 Act No. 550, Section 3, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-70. Effect of one-third negative vote in referendum.

If in any such referendum more than one third of the tobacco farmers voting thereon shall vote in the negative and against the levying or collection of such assessment, no assessment shall be levied or collected.
HISTORY: 1962 Code Section 3-249.3; 1952 Code Section 3-249.3; 1947 (45) 732.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-80. Effect of two thirds affirmative vote in referendum.

If in the referendum two-thirds or more of the eligible tobacco farmers voting vote in the affirmative and in favor of the levying or collection of the assessment not to exceed ten dollars an acre on all tobacco acreage in the State, the exact amount an acre to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors, or not to exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided in Section 46-31-140, the assessment must be collected in the manner provided in this chapter.
HISTORY: 1962 Code Section 3-249.4; 1952 Code Section 3-249.4; 1947 (45) 732; 1959 (51) 65; 1970 (56) 2292; 1981 Act No. 158 Section 4; 1988 Act No. 550, Section 4, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-90. Collection and disposition of assessment.

Any such assessment, if authorized, shall be collected annually for three years under such method, rules and regulations as may be determined by the board of directors of Tobacco Associates, Incorporated, and the assessment so collected shall be paid into the treasury of Tobacco Associates, Incorporated, to be used along with funds from other sources for the purpose of promotion of flue-cured tobacco.
HISTORY: 1962 Code Section 3-249.5; 1952 Code Section 3-249.5; 1947 (45) 732; 1970 (56) 2292.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-100. Dissatisfied farmers and producers shall receive refunds.

If a referendum is carried in the affirmative and the assessment is levied and collected as provided in this chapter, under the regulations promulgated by the board of directors of Tobacco Associates, Incorporated, any farmer or tobacco producer upon whom and against whom the annual assessment has been levied and collected under the provisions of this chapter, if dissatisfied with the assessment and the results may demand of and receive from the treasurer of Tobacco Associates, Incorporated, a refund of the annual assessment collected from him, if the demand for refund is made in writing within thirty days from the last date on which the assessment is collected from the farmer or producer or deducted from the proceeds of the sale of tobacco of the farmer or producer.
HISTORY: 1962 Code Section 3-249.6; 1952 Code Section 3-249.6; 1947 (45) 732; 1988 Act No. 550, Section 5, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-110. Annual statement of amounts received and disbursed.

If the assessments are levied and collected as provided in this chapter, the treasurer of Tobacco Associates, Incorporated, shall, within sixty days after the end of any calendar year in which assessments are collected, publish a statement of the amounts received, collected, and disbursed by him during the year under the provisions of this chapter.
HISTORY: 1962 Code Section 3-249.7; 1952 Code Section 3-249.7; 1947 (45) 732; 1988 Act No. 550, Section 6, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-120. Subsequent referendum when preceding one unsuccessful.

If the referendum is not supported by two-thirds or more of those eligible for participation and voting in the referendum, the board of directors of Tobacco Associates, Incorporated, in its discretion, may call another referendum for the purposes in this chapter set forth in any succeeding year.
HISTORY: 1962 Code Section 3-249.8; 1952 Code Section 3-249.8; 1947 (45) 732; 1951 (47) 197; 1988 Act No. 550, Section 7, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-130. Subsequent referendum when preceding one successful.

If the referendum is carried by the votes of two-thirds or more of the eligible farmers participating in the referendum and the assessments are levied, the board of directors in its discretion may call and conduct future referenda in which the farmers vote upon the question of whether or not the assessments are continued for the next three years.
HISTORY: 1962 Code Section 3-249.9; 1952 Code Section 3-249.9; 1947 (45) 732; 1951 (47) 197; 1988 Act No. 550, Section 8, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-140. Alternate methods for assessments.

If the board of directors of Tobacco Associates finds that it is not reasonably feasible to base the authorization, making, or collection of an assessment on a "per acre" unit, it may by an affirmative vote of not less than two-thirds of its members, which vote shall include the affirmative vote of not less than two-thirds of the board members who were elected by South Carolina farm organizations, use a "tobacco poundage" unit as the basis for the authorization, making, or collection of an assessment. No assessment may exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer. The amount of any alternate assessment based upon a "tobacco poundage" unit as permitted by the provisions of this section must not be related to or limited by the amount of the assessment which could be authorized, made, or collected if it were based upon a "per acre" unit.
HISTORY: 1962 Code Section 3-249.10; 1974 (58) 2216; 1981 Act No. 158 Section 5; 1988 Act No. 550, Section 9, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 31 - Flue-cured Tobacco › Section 46-31-150. Alternative method of conducting referendum by mail through use of written ballots.

(1) In the event the board of directors of Tobacco Associates, Inc. determines that it is not desirable or reasonably possible to conduct the referendum provided for in Section 46-31-30 under the terms and conditions prescribed in Section 46-31-40, the board in the alternative may provide that the referendum shall be conducted by mail by written ballots. The determination of whether it is not desirable to conduct the referendum under the terms and conditions prescribed by Section 46-31-40 and the determination of whether or not to conduct such referendum by mail shall be made by affirmative vote of not less than two-thirds of the members of the board (which vote shall also include the affirmative vote of not less than two-thirds of such board members who were elected by South Carolina farm organizations).
(2) In the event that the board shall determine to conduct the referendum by mail as provided in subsection (1) above, the board shall:
(a) prescribe the rules and regulations under which such mail referendum shall be conducted;
(b) provide the necessary ballots and cause them to be mailed to the farmers of South Carolina who are engaged in the production of flue-cured tobacco;
(c) provide envelopes for the return of such ballots by individual voters;
(d) cause to be published through the medium of the public press in the State of South Carolina, notice of the holding of the referendum at least fifteen days before the mailing out of the ballots;
(e) give direct written notice of such mail referendum to all statewide farm organizations within this State, to each county agent in each county in this State in which flue-cured tobacco is grown and to the chairman of the Agricultural Stabilization and Conservation Service Committee in each county in this State in which flue-cured tobacco is grown;
(f) provide a closing date for the return of the ballots;
(g) provide for the receipt and safeguarding of such ballots; and
(h) canvass the ballots and publish and declare the results of such referendum within thirty days of the date set as the latest date for the return of such ballots.
HISTORY: 1962 Code Section 3-249.11; 1975 (59) 237; 1988 Act No. 550, Section 10, eff May 29, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-10. Inspection of out-of-state shipments into State.

Every person engaged in the nursery business at a place without this State who ships trees or plants into this State shall have them examined by the State Crop Pest Commission, and no such shipment shall be made until and unless such plants have been inspected by the Commission and shall have had placed thereon a tag prepared by the Commission, showing that such trees or plants have been duly inspected and are free from disease.
The provisions of this section shall not apply to persons engaged in the nursery business in any state which recognizes and accepts the inspection made by the Commission on shipments made from this State.
HISTORY: 1962 Code Section 3-124; 1952 Code Section 3-124; 1942 Code Section 3267; 1932 Code Section 3267; 1926 (34) 957.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-20. Bond required on out-of-state shipments into State.

Before any such person engaged in the nursery business at a place without this State, in a state which does not recognize and accept the inspection made by the Commission on shipments made from this State, shall be permitted to sell or deliver trees or plants within this State he shall execute a bond in the sum of five thousand dollars and file same with the Commission. The bond shall be in the form prescribed by the Commission and conditioned upon such person conforming to all the rules, regulations and requirements of the Commission. The Commission shall prepare and furnish all forms necessary to carry out the provisions of this section.
HISTORY: 1962 Code Section 3-125; 1952 Code Section 3-125; 1942 Code Section 3267; 1932 Code Section 3267; 1926 (34) 957.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-30. Suits on bond.

Any person who may suffer loss or damage by reason of sales made within this State by a person to whom the provisions of Section 46-33-10 apply shall have a right to sue on the bond required by Section 46-33-20 in any county in this State.
HISTORY: 1962 Code Section 3-126; 1952 Code Section 3-126; 1942 Code Section 3267; 1932 Code Section 3267; 1926 (34) 957.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-40. Appointment of Secretary of State as agent for service of process by out-of-state shippers.

As a further condition precedent for doing business in this State any person to whom the provisions of Section 46-33-10 apply shall appoint the Secretary of State as his agent to accept service in any suit brought against him for the violation of the conditions of the bond required by Section 46-33-20.
HISTORY: 1962 Code Section 3-127; 1952 Code Section 3-127; 1942 Code Section 3267; 1932 Code Section 3267; 1926 (34) 957.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-50. Annual license tax on out-of-state shippers.

Any person to whom the provisions of Section 46-33-10 apply shall pay an annual license tax of one hundred dollars to do business in this State, such amount to be paid to the State Treasurer who shall issue a receipt for it.
HISTORY: 1962 Code Section 3-128; 1952 Code Section 3-128; 1942 Code Section 3267; 1932 Code Section 3267; 1926 (34) 957.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-60. Penalty on out-of-state shippers.

Any person to whom the provisions of Section 46-33-10 apply failing or refusing to file the bond or pay the license tax as aforesaid shall be guilty of a misdemeanor and be subject to a fine of not more than five hundred dollars or imprisonment for not more than two years, or both such fine and imprisonment within the discretion of the court.
HISTORY: 1962 Code Section 3-129; 1952 Code Section 3-129; 1942 Code Section 3267; 1932 Code Section 3267; 1926 (34) 957.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-70. Sale of diseased plants is a misdemeanor.

It shall be unlawful to sell, offer for sale or transport plants, buds, trees, shrubs, vines, tubers, bulbs, roots or cuttings known to be infested with dangerous or injurious insects or plant diseases; and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding one hundred dollars or imprisoned in the county jail for not exceeding thirty days.
HISTORY: 1962 Code Section 3-130; 1952 Code Section 3-130; 1942 Code Section 5806-21; 1932 Code Section 1334; Cr. C. '22 Section 224; Cr. C. '12 Section 518; Cr. C. '02 Section 366; 1900 (23) 703.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-80. Fees, phytosanitary certificate, export or import of plants to or from foreign destinations.

Fees for phytosanitary certificates issued for export or import of plants to or from foreign destinations must be assessed in accordance with the federal fee schedule. The fees must be retained by the State Crop Pest Commission for use in the administration of this chapter.
HISTORY: 1994 Act No. 454, Section 1, eff June 16, 1994.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-85. Phytosanitary certificate or permit; fumigation using methyl bromide.

A phytosanitary certificate or a permit may be issued by an inspector for intrastate and interstate shipments of conifer and hardwood seedlings to verify that they are apparently free of pests and diseases. To ensure pest and disease-free plant material, the preferred method of treatment is fumigation using methyl bromide in seedling plant beds prior to seeding.
HISTORY: 2007 Act No. 25, Section 1, eff May 14, 2007.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 33 - Shipment And Sale Of Trees, Plants And Shrubs › Section 46-33-100. Stop sale, use, or distribution orders; appeals.

If a person, subject to this chapter or another chapter under the cognizance of the commission, is selling, distributing, or growing plant material in violation of this chapter or other chapters, agents of the commission shall issue to the owner or custodian of the material a written stop sale, use, or distribution order. The material may not be sold, used, or distributed until the provisions of the chapter or other chapters have been brought into compliance and the material released by the director. A stop sale order may be appealed in writing to the director within fifteen days after the issuance of the order. The director shall respond in writing within ten days after receipt of the appeal.
HISTORY: 2005 Act No. 39, Section 2, eff April 15, 2005.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-10. When trees constitute public nuisances.

Neglected or abandoned apple, grape, kiwi, nectarine, peach, pear, or plum orchards which, because of their infestation with pests, or because of other conditions, constitute a menace to the fruitgrowing industry of the State, or which are host plants of or provide a favorable and likely harbor for pests, are public nuisances and it is unlawful to maintain them. All remedies which are or may be given for the prevention or abatement of nuisances apply to the orchards. Whenever the State Crop Pest Commission determines by inspection that there exists a condition which constitutes a nuisance on any property within its jurisdiction, it shall report the property to the circuit solicitor, naming the pests or other conditions which in its opinion are dangerous to the fruitgrowing industry and if its findings justify it, state in the report that the removal or destruction of the neglected or abandoned orchard trees are the best means for elimination of the menace.
The State Crop Pest Commission through its designee, the Division of Regulatory and Public Service Programs, may promulgate regulations to implement the provisions of this chapter.
HISTORY: 1962 Code Section 3-141; 1952 Code Section 3-141; 1947 (45) 246; 1985 Act No. 48 Section 1; 1989 Act No. 80, Section 1, eff May 15, 1989.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-15. Definitions.

For the purposes of this chapter:
(1) "Orchard" means an area that has five or more fruit trees, wild or cultivated, for commercial purposes. Only those areas that have actual abandoned or neglected trees, as defined below, within one-half mile of an active tree of the fruitgrowing industry will be considered an orchard under this chapter.
(2) "Active tree" means a tree being cultivated by the fruitgrowing industry for the commercial production of fruit, whether or not that tree has reached the fruit-bearing age. It does not include those trees too old to be productive economically.
(3) "Fruitgrowing industry" means an area or tree dedicated by the owner to the active production of fruit to be sold commercially. This definition does not apply to fruit produced for casual roadside sales unless the activity is an integral part of a business, part-time or full-time, of the grower nor does it include a person who sells his homegrown surplus fruit whenever his production outperforms his personal use.
(4) "Neglected" or "abandoned" refers to orchards where two or more conditions of standard orchard management practices as described in state and regional publications are not being met and one or more pests, pathogens, diseases, conditions of economic consequence to the particular crop being grown.
(5) "Commission" means the South Carolina State Crop Pest Commission or its designee, the Division of Regulatory and Public Service Programs.
HISTORY: 1989 Act No. 80, Section 2, eff May 15, 1989.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-20. Petition for removal or destruction of trees.

Within twenty days from the time the circuit solicitor receives from the Commission a report, he shall prepare from the report and from the findings in it a petition to the circuit court of the county where the orchard is located for an order for the removal or destruction of the neglected or abandoned orchard trees. The petition shall set forth a description of the property, the name of the owner or person in charge or possession of the property and the name of the pest or other conditions which constitute a menace to the fruit growing industry of the State.
HISTORY: 1962 Code Section 3-142; 1952 Code Section 3-142; 1947 (45) 246; 1985 Act No. 48 Section 2.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-30. Citation to show cause against removal or destruction.

Upon the filing of such petition, a citation shall be issued by the court, requiring the owner or person in charge or possession of the property to appear at a time and place specified to show cause why such neglected or abandoned apple or peach trees should not be removed or destroyed.
HISTORY: 1962 Code Section 3-143; 1952 Code Section 3-143; 1947 (45) 246.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-40. Service of citation.

A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person in charge or in possession of the property, or upon an agent of either, not less than ten days before the date specified in the citation. A copy of the citation, together with a copy of the petition, may also be served upon any person who appears of record to be the owner of any encumbrance upon or interest in the property. The service may be personal, by delivery to the party on whom service is required to be made, or it may be made as follows:
If the party resides within the county, service may be made by leaving a copy of the citation, together with a copy of the petition, at the residence of the party between the hours of eight in the morning and six in the evening with some person not less than eighteen years of age. If at the time of attempted service between said hours no such person can be found at the residence of the party, service may be made by mail. If the party does not reside within the county, service may be made by mail, if he resides or has his office at a place where there is a delivery service by mail and, if not or if his residence is not known, service may be made by posting a copy of the citation, together with a copy of the petition, in a conspicuous place on the property at least twenty days before the date specified in the citation.
HISTORY: 1962 Code Section 3-144; 1952 Code Section 3-144; 1947 (45) 246.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-50. Order for removal or destruction of trees; service.

On the day the citation is returnable the case shall have precedence of all matters except injunctions, older matters over the same character, and matters otherwise given precedence by law. The court shall decide whether or not the neglected or abandoned orchard trees must be destroyed or removed. If the court finds that the removal or destruction of the neglected or abandoned orchard trees is necessary for the welfare of the fruitgrowing industry of the State, it shall order the removal or destruction of the neglected or abandoned orchard trees within thirty days. The order must be served by the Commission, or by any person deputized by it, upon the owner, if he can be found or upon the person in charge or possession of the property. If the owner or person in charge or possession of the property cannot be found the order must be served by posting it in a conspicuous place upon the property. Upon petition by the owner and a showing that the owner has commenced the removal or destruction process and is proceeding in good faith, the circuit judge may allow a reasonable extension of time for the owner to complete the removal or destruction process.
HISTORY: 1962 Code Section 3-145; 1952 Code Section 3-145; 1947 (45) 246; 1985 Act No. 48 Section 3.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-60. Destruction or removal of trees when owner fails to do so.

If the owner fails to remove and destroy the condemned orchard trees within the time limit prescribed by the circuit court, the court shall designate an appropriate agency of the State to remove and destroy the trees. The costs of the action by the State must be charged to the owner of the property and the State shall have a lien upon the real estate to secure the payment.
HISTORY: 1962 Code Section 3-146; 1952 Code Section 3-146; 1947 (45) 246; 1985 Act No. 48 Section 4.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-70. Enforcement.

The Commission and the law enforcement officers of the State and all counties thereof are charged with the carrying out of the true enforcement of this chapter.
HISTORY: 1962 Code Section 3-147; 1952 Code Section 3-147; 1947 (45) 246.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 35 - Neglected Or Abandoned Orchards › Section 46-35-80. Disclosure requirements relative to sale of orchards.

If a property owner sells a portion or all of an orchard he must disclose to the buyer in writing on or before the completion of the sale of the property that a nuisance exists or may exist regarding the orchard or such portion of the orchard, that the property is subject to the provisions of this chapter, and that the buyer may be required to take or pay for certain corrective actions in connection with the orchard or such portion of the orchard, if it is abandoned or becomes neglected, pursuant to the provisions of this chapter. The seller must also notify the commission of the sale of the orchard, and the buyer's acknowledgement of receipt of the written notice must be affixed to the notice.
HISTORY: 1989 Act No. 80, Section 3, eff May 15, 1989.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 37 - Introduction Of Honey Bees Into State › Section 46-37-05. Definitions.

As used in this chapter:
(1) "Area" means apiary, beeyard, colony, organized or otherwise, or any other place where bees are found to colonize.
(2) "Commission" means the South Carolina State Crop Pest Commission, as designated by the board of trustees of Clemson University or an officer, employee, or designee of the commission to whom authority has been given by the commission.
(3) "Director" means the Director of Regulatory and Public Service Programs, Clemson University.
(4) "Disease" means contagious and infectious disease, including, but not limited to, American Foulbrood, European Foulbrood, Isle of Wight disease, or any pests and parasites, including, but not limited to, Varroa Mite, Tracheal mite, Africanized bee, etc.
(5) "Division" means the Division of Regulatory and Public Service Programs, Clemson University, and any of its employees, agents, and officials.
(6) "Fixture" means new or used equipment, a product, or byproduct used in beekeeping including, but not limited to, honey, hives, combs, supers, frames, and other appliances.
HISTORY: 1990 Act No. 395, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 37 - Introduction Of Honey Bees Into State › Section 46-37-10. Certificate of inspection required; exception.

All bees and fixtures shipped or moved into this State must be accompanied by a certificate of inspection signed by the state entomologist, state apiary inspector, or corresponding official of the state or country from which the bees are shipped or moved. The certificate must certify to the apparent freedom of the bees and fixtures from contagious and infectious diseases and must be based upon an actual inspection of the bees and fixtures themselves within sixty days preceding the date of shipment. An entry permit from the Department of Plant Industry, Clemson University, is required before moving bees or fixtures into this State.
HISTORY: 1962 Code Section 3-181; 1952 Code Section 3-181; 1942 Code Section 3269; 1932 Code Section 3269; 1922 (32) 1028; 1990 Act No. 395, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 37 - Introduction Of Honey Bees Into State › Section 46-37-20. Powers of Commission; rules and regulations.

The commission may deal with any disease of bees which requires prevention, control, or eradication and may promulgate and enforce regulations necessary to control, eradicate, or prevent the introduction, spread, or dissemination of any and all diseases of bees.
HISTORY: 1962 Code Section 3-182; 1952 Code Section 3-182; 1942 Code Section 3269; 1932 Code Section 3269; 1922 (32) 1028; 1990 Act No. 395, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 37 - Introduction Of Honey Bees Into State › Section 46-37-25. Commission to delegate duties to director; authority of director.

The commission shall delegate the duties provided in this chapter to the director who may administer and enforce all provisions of this chapter and promulgate regulations necessary to implement this chapter.
HISTORY: 1990 Act No. 395, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 37 - Introduction Of Honey Bees Into State › Section 46-37-30. Inspection; removal or destruction of bees, beekeeping fixtures and appliances.

The division may enter a warehouse, premises, or area to inspect bees and beekeeping fixtures to determine if they (a) are infected with a disease or (b) have been or are being transported in violation of the provisions of this chapter. The division may require the removal from this State of bees or fixtures brought into the State in violation of this chapter. If the division finds that bees or fixtures are infected with a disease or finds that the bees or fixtures have been exposed to infection by a disease it may require the destruction, treatment, or disinfection of bees and fixtures.
HISTORY: 1962 Code Section 3-183; 1952 Code Section 3-183; 1942 Code Section 3269; 1932 Code 3269; 1922 (32) 1028; 1990 Act No. 395, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 37 - Introduction Of Honey Bees Into State › Section 46-37-40. Introduction of used fixtures regulated.

The shipment or movement into this State of any used or secondhand fixtures is prohibited unless permitted by regulations of the division.
HISTORY: 1962 Code Section 3-184; 1952 Code Section 3-184; 1942 Code Section 3269; 1932 Code Section 3269; 1922 (32) 1028; 1990 Act No. 395, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 37 - Introduction Of Honey Bees Into State › Section 46-37-50. Penalty.

A person violating the provisions of this chapter or of the division or the commission is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.
HISTORY: 1962 Code Section 3-185; 1952 Code Section 3-185; 1942 Code Section 3269; 1932 Code Section 3269; 1922 (32) 1028; 1990 Act No. 395, Section 1, eff April 3, 1990.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-10. Definitions.

As used in this chapter:
(1) The term "housing" means living quarters and related facilities for use by domestic farm labor and their families.
(2) The term "related facilities" means community rooms or buildings such as those used as dining halls or infirmaries or for educational or assembly purposes, or other essential services facilities such as central heating, bathing facilities, or domestic water supply.
(3) The term "domestic farm labor" means citizens of the United States who receive a substantial portion of their income as laborers on farms in the United States.
(4) The term "construct or repair" means to construct any structures or facilities or to rehabilitate, alter, convert, improve, or acquire and relocate existing structures or facilities.
HISTORY: 1962 Code Section 3-701; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-20. Cooperative association of farmers may be formed.

Five or more persons, residents of this State or owning a farm in this State, may associate themselves as a cooperative association for the purpose of providing within this State housing and related facilities for domestic farm labor.
HISTORY: 1962 Code Section 3-702; 1962 (52) 2222.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 39 - Farmers' Associations › Section 46-39-30. Filing and contents of petition for incorporation.

They shall file with the Secretary of State a written petition signed by themselves setting forth:
(1) The names and residences of the petitioners;
(2) The name of the proposed association which shall include the words "Farmers Association";
(3) The place at which it proposes to have its principal place of business;
(4) The amount of capital stock of the association and how and when payable;
(5) The number of shares into which the capital stock is to be divided and the par value of each share; and
(6) All other matters which may be desirable to set forth or which the Secretary of State may require.
HISTORY: 1962 Code Section 3-703; 1962 (52) 2222.