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South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-464 - Standard Germination for Vegetable Seeds

Current through Register Vol. 48, No. 6, June 28, 2024
A. All vegetable seeds shall show the percentage of germination and the minimum for "Standard Germination" for vegetable seeds shall be as follows:
Kind
Percentage
Anise
50%
Artichokes
60%
Asparagus
70%
Basil, Sweet
70%
Beans, Asparagus
75%
Beans, Garden
70%
Beans, Lima
70%
Beans, Runner
75%
Beets
65%
Broadbean
75%
Broccoli
75%
Brussels Sprouts
70%
Burdock, Great
60%
Cabbage
75%
Cantaloupe
75%
Caraway
55%
Cardoon
60%
Carrots
55%
Cauliflower
75%
Celery or Celeric
55%
Chervil, Salad
65%
Chicory
65%
Chives
50%
Citron
65%
Collards
80%
Coriander
70%
Corn, Pop
75%
Corn, sweet
75%
Cowpeas
75%
Cress, garden
75%
Cress, upland
60%
Cress, water
40%
Cucumber
80%
Dandelion
60%
Eggplant
60%
Endive
70%
Fennel, Florence
60%
Fennel, Sweet
50%
Fetticus (corn salad)
70%
Kale
75%
Kohlrabi
75%
Leek
60%
Lettuce
80%
Marjoram, Sweet
50%
Muskmelon
75%
Mustard
75%
Okra
50%
Onion
70%
Oregano
60%
Pak-Choi
75%
Parsley
60%
Parsnip
60%
Peas, garden
80%
Peanut
60%
Pepper
55%
Pe-Tsai
75%
Pumpkin
75%
Radish
75%
Rhubarb
60%
Roquette
60%
Rosemary
30%
Rutabaga
75%
Sage
60%
Salsify
75%
Savory, Summer
55%
Sorrel
65%
Soybean
75%
Spinach (except N. Z.)
60%
Spinach, N. Z.
40%
Squash
75%
Swiss Chard
65%
Thyme
50%
Tomato
75%
Tomato, husk
50%
Turnip
80%
Watermelon
70%
All other kinds
50%
B. Vegetable seeds which have a germination percentage less than the standard and not less than 50% of the standard shall have the words "Below Standard in Germination" clearly shown in a conspicuous place on the label or the face of the container in type not smaller than 8 point. The seed shall also be labeled to show the percentage of germination, the percentage of purity and the variety.
C. Vegetable seeds showing less than 50% of the standard germination cannot be sold in South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-465 - Tolerances

Current through Register Vol. 48, No. 6, June 28, 2024
A. The word "approximate" as used in the law is hereby defined as a slight variation occurring between the analysis given on the tag or label and that found upon test of the official samples drawn therefrom. Seed shall be considered misbranded within the meaning of the law when the difference in the purity or germination analysis between that guaranteed and that found exceeds the officially recognized tolerances for seed testing.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-466 - Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
A. All agricultural, vegetable and flower seeds offered or exposed for sale in South Carolina shall bear a standard tag or label except seed sold across the counter from a bin or container when such a bin or container carries a standard tag or label in full view of the purchaser.
B. The vendor of seed will be held responsible for declaring the variety of all seed sold or exposed for sale.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-474 - Date of Test

Current through Register Vol. 48, No. 6, June 28, 2024
All seed sold, offered or exposed for sale in this State shall show on the label the month and year in which the germination test was completed.
(1) No more than nine calendar months for agricultural seed, except cool season grasses, shall have elapsed between the last day of the month in which the germination test was completed and date of sale or exposure for sale of seed.
(2) No more than fifteen calendar months for cool season grasses, Kentucky Bluegrass, Red Fescue, Chewing Fescue, Hard Fescue, Tall Fescue, Perennial Ryegrass, Intermediate Ryegrass, Annual Ryegrass, Colonial Bentgrass, Creeping Bentgrass and mixtures thereof, shall have elapsed between the last day of the month in which the germination test was completed and date of sale or exposure for sale of seed.
(3) No more than twelve calendar months for vegetable seed shall have elapsed between the last day of the month in which the germination test was completed and date of sale or exposure for sale of seed.
(4) No more than twelve calendar months for flower seed shall have elapsed between the last day of the month in which the germination test was completed and date of sale or exposure for sale of seed.
(5) Hermetically sealed seed as defined in Section 46-21-211.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-476 - Sampling

Current through Register Vol. 48, No. 6, June 28, 2024
A. The manner of sampling shall be as follows:
(1) Bulk: Bulk seeds or screenings shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled.
(2) Seed in bags.
(a) When more than one core is drawn from a bag, follow different paths. When more than one handful is taken from a bag, take them from well-separated points.
(b) For lots of one to six bags, sample each bag and take a total of at least five cores or handfuls.
(c) For lots of more than six bags, sample five bags plus at least 10 percent of the number of bags in the lot. Round numbers with decimals to the nearest whole number. Regardless of the lot size, it is not necessary to sample more than 30 bags.
Examples: No. bags in lots
7
10
23
50
100
200
300
400
No. bags to sample
6
6
7
10
15
25
30
30
(3) Packets: In sampling seed in packets, entire unopened packets shall be taken.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-477 - Size of Sample

Current through Register Vol. 48, No. 6, June 28, 2024
A. The following are minimum weights of samples of seed to be submitted for analysis, test, or examination:
(1) Two ounces of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these.
(2) Five ounces of red or crimson clover, alfalfa, rye grasses, brome grasses, millet, flax, rape, lespedeza, or seeds of similar size.
(3) One pound of Sudan grass, sorghum, proso, hemp, or seeds of similar size.
(4) Two pounds of cereals, vetches or seeds of similar size or larger.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-479 - Information on Tags

Current through Register Vol. 48, No. 6, June 28, 2024
A. The standard tag for agricultural seed shall contain the following information in the format shown:
Kind & Variety __________
Origin __________ Net Wt. __________Lot No. __________
Pure Seed __________% Germination __________% Inert Matter __________%
Hard or Dormant Seed __________% Other Crop Seed __________%
Coating Material __________% Treatment__________
Total Germ. & Hard or Dormant Seed __________% Weed Seed __________%
Name & Number of Noxious Weed Seed / lb. __________
Date of Test__________, 20___
Name __________
Address __________
B. The standard tag for mixed agricultural seed shall contain the following information in the format shown:
Kind Mixture __________
Origin __________ Net Wt. __________Lot No. __________
Name & Variety
Pure Seed %
Germ. %
Hard or Dormant %
Germ. + Hard %
Date of Test
Origin
Inert Matter __________% Other Crop Seed __________% Weed Seed __________%
Coating Material __________% Treatment__________
Name & Number of Noxious Weed Seed / lb. __________
Name __________
Address __________
C. The standard tag for vegetable seed shall contain the following information in the format shown:
Kind & Variety __________
Origin __________ Net Wt. __________Lot No. __________
Germination __________% Hard or Dormant Seed __________% Germ. +" Hard __________%
Treatment__________ Date of Test__________, 20___
Name __________
Address __________
D. The standard tag for flower seed shall contain the following information in the format shown:
Kind & Variety or Type and Performance Characteristics __________ __________
Origin __________ Net Wt. __________Lot No. __________
Germination __________% Hard or Dormant Seed __________% Germ. +" Hard __________%
Treatment__________ Date of Test__________, 20___
Name __________
Address __________
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-480 - Seed in Hermetically Sealed Containers

Current through Register Vol. 48, No. 6, June 28, 2024
A. For agricultural and vegetable seeds labeled and packed in hermetically sealed containers, the nine months limitation of date of test in 5-474 is extended as provided therein.
B. The germination test for agricultural and vegetable seeds shall have been completed within thirty-six month period, exclusive of the calendar month in which the test was completed, if the following conditions are met:
(1) The seed was packaged within nine (9) months after harvest.
(2) The Water Vapor penetration standards are referenced to and meet the Hermetically-sealed containers section of the Federal Seed Act Regulations Part 201 section 201.36c.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-481 - Treated Seeds

Current through Register Vol. 48, No. 6, June 28, 2024
A. The term "treated" means that the seed has been given an application of a substance or subjected to a process designed to reduce, control, or repel certain disease organisms, insects, or other pests attacking such seeds or seedlings grown therefrom, or to improve the planting value of the seed.
B. All seeds which are treated, as defined above, shall be labeled to show the following information:
(1) A statement in no less than (8) point type indicating that seed has been treated.
(2) The commonly accepted coined, chemical or abbreviated chemical (generic) name of a substance or a description of any process (other than application of a substance) used in such treatment in type no smaller than eight (8) point.
(3) A caution statement, if the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals as follows:
(a) Seed treated with a mercurial or similarly toxic substance, if any amount remains with the seed, shall be labeled to show a statement such as "Poison," "Poison Treated," or "Treated with Poison." The word "Poison" shall be in type no smaller than eight (8) point and shall be in red letters on a distinctly contrasting background. In addition, the label shall show a representation of a skull and crossbones at least twice the size of the type used for the name of the substance and the statement indicating that the seed have been treated.
(b) Seed treated with other harmful substances (other than mercurials or similarly toxic substances), if the amount remaining with the seed is harmful to humans or other vertebrate animals, shall be labeled to show a caution statement, in type no smaller than eight (8) point, such as "Do not use for food, feed, or oil."
(c) All food seed, including wheat, corn, oats, rye, barley, and sorghum, but not limited thereto, when treated with poison, shall be discolored by mixing therewith a coloring material contrasting with the natural color of the seed, in sufficient amount to prevent inadvertent use as food for man or animal.
(4) If the seed is treated with an inoculant, the date beyond which the inoculant is not considered effective (date of expiration).
(5) The required information may be printed on a separate label, or on the same label bearing the analysis information, or it may be printed on the container of seed in a conspicuous manner.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-482 - Fees and Services

Current through Register Vol. 48, No. 6, June 28, 2024
A. Fee Schedule:
(1) Licensing in accordance with Section 46-21-40:
$10,000.01 or more
$500
$10,000
$5,000.01
$200
$ 5,000
$2,500.01
$100
$ 2,500 or less
$50
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 13 - WAREHOUSE SYSTEM › Section 5-490 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Commissioner" means the South Carolina Commissioner of Agriculture.
B. "Inspector" means the field representative duly appointed by the Commissioner and bonded for faithful performance of duty.
C. "Manager" means the person authorized by the warehouseman to issue warehouse receipts.
D. "Warehouseman" shall mean the individual, partnership or corporation which made application to place warehouse in the State System.
E. "Warehouse" means an individual unit in the System.
F. "Non-perishable farm product" means any seed, grain, or other product of agricultural endeavor which by its nature and low moisture content may be stored in a conventional type warehouse for a period of at least twelve months without deteriorating, nor having been manufactured or processed in any way other than harvesting, thrashing, shelling, ginning, curing, drying and bagging.
G. "Commodity" means:
(1) Cotton.
(2) "Non-perishable farm product" as defined by definition (F) or which may hereafter be included in this special definition.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 13 - WAREHOUSE SYSTEM › Section 5-492 - Warehouses

Current through Register Vol. 48, No. 6, June 28, 2024
A. No building shall be licensed as a State Warehouse except upon a survey duly filled out by the person in charge of the same, showing the location, nearest post office, the County and State, and giving the construction, size, approximate capacity, together with any exposures and the nature of same.
B. No warehouse shall be licensed as a State Warehouse except upon written application by the owner thereof, upon forms provided by the Department.
C. Every warehouseman shall file with the Commissioner a tariff of his charges to be made by the warehouse and the said tariff must be filed on or before September 1 of each year. Any revision in the tariff must be filed with the Commissioner.
D. Each warehouseman operating under these regulations and storing commodities for the public is required to have notice posted on the outside door of the warehouse showing the telephone number and address of the warehouseman when he is not in the warehouse.
E. Each warehouse must be equipped or have access to suitable scales approved by the Commissioner. The scales shall be inspected by the Department.
F. Cotton received direct from the gin shall be segregated from the other cotton for at least forty-eight hours.
G. All warehouses shall have safe and convenient access to each individual storage bin or compartment for the purpose of inspecting and counting or measuring the commodity stored therein.
H. Cotton warehouses shall contain sprinkler systems which shall be carefully maintained in good working order. All warehouses shall contain fire extinguishers, fire hoses or other fire-fighting equipment which shall be carefully maintained in good working order. Sufficient "no smoking" signs shall be displayed and the premises generally shall be kept clean and free of trash and combustible matter so that the building and commodity stored therein shall be protected from outside fire.
I. No commodity shall be moved from one warehouse to another without written notification and permission of the Department of Agriculture.
J. When a shortage of inventory is detected at a warehouse or other loss or insolvency is determined, the Department, to safeguard the interests of the holders of the outstanding warehouse receipts, shall secure the warehouse and take charge of the inventory which shall be liquidated on behalf of or returned pro rata to the various lawful holders of the warehouse receipts issued therefore.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 13 - WAREHOUSE SYSTEM › Section 5-493 - Receipts

Current through Register Vol. 48, No. 6, June 28, 2024
A. All receipts for commodities stored in a State Warehouse shall be made out with pen and ink or indelible pencil and shall be signed by the authorized manager with pen and ink, indelible pencil or with a mechanical device approved by the Commissioner. Computer printing of the authorized manager's name is acceptable unless objected to by the depositor to whom the receipt is written.
B. All receipts together with copies forwarded to the Commissioner for investigation and issuance shall be accompanied in the same package or envelope by a daily report of the identical commodity covered by the receipts with a full description of same, and the totals fully carried out, and with the date and signature of the manager.
C. No commodity shall be delivered from any warehouse until the receipt covering the same shall be presented to the manager of the warehouse and until all charges against the same shall have been paid and all receipts for commodities so delivered shall at once be forwarded by the manager to the Commissioner for cancellation, same being marked for such purpose. Provided, that in case of fire or other insured hazard, salvage from said commodity may be released to representatives of authorized salvage companies representing the insurance company or Commodity Credit Corporation.
D. Commodities which are attractive to rats and insects shall have written or stamped on the receipt issued therefor the following: "Not responsible for rattage or insect damage." Commodities which are classified as seed shall have written or stamped on the receipt issued therefor the following: "Germination and purity not guaranteed." Provided, that this regulation shall not apply to receipts issued for commodities stored in elevators or warehouses approved as depositories for commodities eligible for United States Government loans.
E. Any commodity that is delivered to a licensed State Warehouse for which payment is not received or a written contract issued, specifying the terms of sale, at the time of delivery shall be considered deposited for storage. The owner of such commodity shall be issued a State Receipt for his commodity upon his request or if not requested no later than 30 days from the date of delivery.
F. The manager shall issue a State Warehouse Receipt for all stored commodities to the proper and lawful owner as required in Section 39-22-200. The manager of the licensed warehouse is not required to issue a receipt on warehouse owned commodities.
G. A warehouse receipt shall not be issued in the name of the purchaser of any commodity being purchased on a deferred-price, delayed payment or similar credit-type sale arrangement until the seller has received payment for the commodity in full unless he has executed the affidavit relinquishing title and ownership to the buyer and forfeiting his rights under the Dealers and Handlers Guaranty Fund and has fully complied with the requirements set out in Section 39-22-200.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 13 - WAREHOUSE SYSTEM › Section 5-494 - Scale Tickets

Current through Register Vol. 48, No. 6, June 28, 2024
A. The manager shall have issued a scale ticket for each movement of grain in or out of the licensed State warehouse. Where grain is received or shipment is made by rail car, ship, or other means and the issuance of weigh or scale tickets is not feasible, the warehouse manager shall estimate the amount in question and adjust all warehouse records to reflect the movement of such grain. The warehouse manager shall be required to obtain and keep on file all documents pertaining to the receiving or shipping of said grain for inspection by this Department.
B. All scale or weigh tickets shall be on forms approved by the Commissioner of Agriculture. Each ticket shall show and include the following-
(1) Be consecutively numbered;
(2) Be filed numerically at the warehouse and held for inspection;
(3) Date;
(4) Name and address of the dealer and handler and his public weighmaster number;
(5) Owner of commodity;
(6) Vehicle identity;
(7) Gross, tare and net weight or in case of hopper weighing, net weight of load;
(8) Type commodity;
(9) Percentage of moisture and other factors, if determined (specify);
(10) Grade, if one is assigned;
(11) Disposition of commodity (in or out, stored, contracted, etc.);
(12) Signature of person weighing and/or grading;
(13) May be used as a contract only if it meets the requirements of a contract as set forth in the Dealers and Handlers regulation 5-581-03.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 13 - WAREHOUSE SYSTEM › Section 5-495 - Daily Records

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each warehouseman shall maintain a daily account or settlement sheet to show the movement of grain for each depositor of grain to the licensed State warehouse. Such records shall be kept on forms approved by and as directed by the South Carolina Department of Agriculture.
B. The warehouseman shall keep available for examination all books, records, and accounts required by this chapter and any other books, records and accounts relevant to the operation of the licensed State warehouse.
C. Any licensed warehouseman who desires to operate, maintain, or use a computer or other recording device as part of his normal business record keeping, shall be allowed the use of such equipment if:
(1) The readout or information provided as print out conforms to all record keeping requirements as stated by the State Warehouse System Law, and
(2) Such readout or information provided as print out is in the form or format as required by this Department.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 13 - WAREHOUSE SYSTEM › Section 5-496 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. If a State Licensed Warehouse purchases or contracts for purchase any grain as it is deposited or before said grain is delivered to the warehouse, the manager or owner(s) of the licensed warehouse shall make application to the South Carolina Department of Agriculture for a Dealer and Handler of Agriculture Products License.
B. The manager, employees, agents, officers, partners, directors, and shareholders of the licensed State Warehouse shall cooperate and hold themselves available to assist in the examination of the warehouse.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 13 - WAREHOUSE SYSTEM › Section 5-497 - Procedures for Filing Claims

Current through Register Vol. 48, No. 6, June 28, 2024
A. When the Department has been notified or otherwise determines that a default or other loss or insolvency has occurred, it shall notify all potential claimants within fifteen days of the determination of loss or default and provide them with forms and instructions for filing claims.
B. The claimant must file his/her claim within sixty days of notification by the Department. The warehouse receipt(s) held by the claimant must be submitted along with the claim form.
C. Upon approval of the claim, the claimant shall subrogate his/her interest in said claim to the Department on forms supplied by it.
D. The Department shall proceed against the surety on the warehouseman's bond or other security and disperse the proceeds therefrom pro rata to the various claimants. Any remaining amount will be paid from the Warehouse Receipts Guaranty Fund in accordance with Section 39-22-150.
E. All approved claims must be paid within ninety days of the date the Department approves them either from the bond, the Guaranty Fund or a combination thereof.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 14 - WEIGHTS AND MEASURES › Section 5-500 - Standard Weights of Commodities

Current through Register Vol. 48, No. 6, June 28, 2024
The following shall be the legal and uniform standard weights and measures in South Carolina for the sale and purchase of the following named products of the farm, orchard, or garden and articles of merchandise:
COMMODITY POUNDS
PER BUSHEL
Apples, dried ......................
24
Apples, green ......................
45
Barley .............................
48
Beans, dried .......................
60
Beans, green, in pods ..............
28
Beets ..............................
50
Bell pepper, small .................
30
Bell pepper, large .................
26
Blackberries .......................
48
Cane Seed ..........................
50
Carrots ............................
50
Clover seed, red and white .........
60
Corn, green, with shucks ...........
100
Corn, in ear, shucked ..............
70
Corn, in ear, with shucks ..........
74
Corn, shelled ......................
56
Cornmeal ...........................
48
Cottonseed .........................
30
Cucumbers, large ...................
40
Cucumbers, small ...................
50
Currants ...........................
40
Eggplant ...........................
50
Flaxseed ...........................
56
Grapes, with stems .................
48
Grapes, without stems ..............
60
Kaffir corn ........................
56
Melon, cantaloupe ..................
50
Millet, seed .......................
50
Oats, seed .........................
32
Okra, small ........................
40
Okra, medium .......................
30
Onions, button sets ................
32
Onions, matured ....................
56
Onions, top buttons ................
28
Orchard grass ......................
14
Parsnips ...........................
50
Peaches, dried .....................
25
Peaches, matured ...................
50
Peanuts, dry .......................
22
Peanuts, Spanish, dried ............
30
Pears, dried .......................
26
Pears, matured .....................
36
Peas, dried ........................
60
Peas, green, in hull ...............
28
Plums ..............................
64
Potatoes, Irish ....................
60
Potatoes, Sweet ....................
50
Raspberries ........................
48
Rutabagas ..........................
60
Rye Grass, Italian, seed ...........
20
Rye seed ...........................
56
Salads, mustard, spinach ...........
16
Salads, turnips, kale ..............
16
Sorghum seed .......................
50
Soybeans, ungraded .................
60
Strawberries .......................
48
Tomatoes, red or ripe ..............
56
Tomatoes, green or pink ............
48
Turnips ............................
50
Wheat ..............................
60
Any article of produce from garden or farm not mentioned in the above shall be the same standard per bushel or per gallon as adopted and approved by the United States Government.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 14 - WEIGHTS AND MEASURES › Section 5-571 - Prohibit Acts and Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
The Department determines devices in service prior to January 1, 1995 qualify for the exemptions listed in the Uniform National Type Evaluation Regulations, handbook 130, Section 4.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-580 - Advertising

Current through Register Vol. 48, No. 6, June 28, 2024
1. It shall be unlawful to use the name of the South Carolina Department of Agriculture or any of its Divisions for advertising purposes; when such advertising is in connection with the Department's laboratory reports on test analyses of samples of food, feed, petroleum products, warehouse stocks, etc., whether such samples have been officially drawn by the Department's inspectors or submitted by individuals, firms, manufacturers, processors, service organizations, and wholesale or retail distributors.
Provided: This regulation shall not apply to seed laboratory reports where same show laboratory's official sample number, name, and variety of seed; percentages of germination and purity and purity determination factors, also month and year the seed were tested.
2. The use of the name of the South Carolina Department of Agriculture or any of its Divisions is prohibited on form(s) and in advertisement(s) by individuals, firms, manufacturers, public service organizations and others where such form(s) or advertisement(s) may be construed to indicate that the South Carolina Department of Agriculture or its Divisions certifies to the accuracy of weighing and measuring equipment and/or authorizes the users of such form(s) or advertisement(s) that the South Carolina Department of Agriculture endorses or is a party to the statement(s) made in such form(s) or public advertisement(s).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-581 - Dealers and Handlers of Agricultural Products

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any person, association, itinerant dealer, copartnership or corporation who purchases or handles agricultural products for South Carolina farmers and pays for such products by means of a check or on a contract basis are required to obtain a license and bond.
2. Any person who is an agent for a licensed Dealer and Handler shall have on his possession a buyer's card issued by the South Carolina Department of Agriculture showing the name of the licensed Dealer and Handler.
3. All applicants for a Dealer and Handler License must post a surety bond in the amount of twenty-five thousand dollars or an amount equal to the maximum amount of business done or estimated to be done in any month by the applicant, whichever is less. The surety bond must be executed by a surety corporation authorized to transact business in the State.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-581.01 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
1. A licensed grain dealer must maintain complete and sufficient records to show all purchases, sales, and payments for grain purchased.
2. The licensed grain dealer shall keep available for examination all books, records, and accounts as required by this Department and any other books, records and accounts relevant to the operations of his business.
3. The licensed grain dealer shall maintain a daily account or settlement sheet for each customer. Such records shall be kept on forms as provided or approved by and as directed by the South Carolina Department of Agriculture.
4. Any licensed dealer who desires to operate, maintain, or use a computer or other recording device as part of his normal business record keeping, shall be allowed the use of such equipment if--
(A) The read out or information provided as print out conforms to all record keeping requirements as stated and required by the Dealers and Handlers of Agricultural Products Law, and
(B) Such read out or information provided as print out is in the form or format as required by this Department.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-581.02 - Scale Tickets

Current through Register Vol. 48, No. 6, June 28, 2024
1. The licensed grain dealer who has a scale or regular access to a scale shall have issued a scale ticket for each movement of grain that is delivered to him or delivered out from his possession. A copy of which shall be held on file by the dealer at his place of business or office for inspection.
2. If the grain dealer does not have a scale or regular access to a scale and purchases grain by having such grain custom weighed at various locations or at destination, the dealer shall maintain a copy of the scale ticket and any other information pertaining to the sale of said grain on file in daily order as part of the grain records.
3. [Deleted]
4. All scale or weigh tickets used by dealers who have a scale or regular access to a scale shall be on forms approved by the Commissioner of Agriculture. Each ticket shall show and include the following--
(A) Be consecutively numbered;
(B) Be filed numerically at the warehouse and held for inspection;
(C) Date;
(D) Name and address of the dealer and handler and his public weighmaster number;
(E) Owner of commodity;
(F) Vehicle identity;
(G) Gross, tare and net weight or in the case of hopper weighing, net weight of load;
(H) Type commodity;
(I) Percentage of moisture and other factors, if determined (specify);
(J) Grade, if one is assigned;
(K) Disposition of commodity (in or out, sold or contracted, etc.);
(L) Signature of person weighing and/or grading;
(M) May be used as a contract only if it meets the requirements for a contract as set forth in regulation 5-581.03.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-581.03 - Contracts

Current through Register Vol. 48, No. 6, June 28, 2024
1. All purchases of grain from producers, other than grain paid for at time of delivery by U.S. currency, or cashier's check, shall be supported by cancelled check(s) or by a written contract(s) or by any other written documentation required by the Commissioner of Agriculture.
2. The licensed grain dealer shall for all grain received or delivered to him by the producer for purchase that is not paid for upon delivery, shall issue a written acknowledgement to the seller stating the terms of purchase. No grain that is to be purchased by the dealer from the producer shall remain in the custody, care, or possession of the dealer without a written explanation of the intended disposition of said grain. Written contracts may be negotiated prior to, or acknowledgement written upon the dealer receiving said grain.
3. Contracts to be used by licensed grain dealers shall contain the following:
(A) Each contract shall be numbered;
(B) The name, address, and telephone number of the producer-seller and licensed grain dealer;
(C) The dealer's license number as assigned by the South Carolina Department of Agriculture and according to the Dealers and Handlers of Agricultural Products Law;
(D) The date the contract is issued and when to be completed;
(E) A specified amount of grain to be purchased;
(F) A schedule of the dealer's factors, discounts, and premiums;
(G) A statement printed in bold letters: "NOT STORAGE";
(H) A statement in bold print letters informing the seller that the seller is relinquishing all rights in the grain and title of such grain has passed to the dealer;
(I) The signatures of both the seller and dealer.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-582 - Frozen Desserts

Current through Register Vol. 48, No. 6, June 28, 2024
All manufacturers of frozen desserts obtaining a license from the Department of Agriculture shall post such license in a conspicuous place in their manufacturing establishment so as to be easily read by the public.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-583 - Moisture Meter Tolerance

Current through Register Vol. 48, No. 6, June 28, 2024
The basic maintenance and acceptance tolerance for all moisture meters or any other measuring device used to determine the moisture content of grain or soybeans offered or exposed for sale shall be 0.75 percent of the official test sample.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-584 - Noxious Weeds and Plants

Current through Register Vol. 48, No. 6, June 28, 2024
The following plants are declared noxious:
(1) Water Hyacinth--Eichhornia crassipes
(2) Alligatorweed, Pig Weed--Alternanthera philoxeroides
(3) Water Chestnut, Water Nut--Trapa natans
(4) Brazilian Elodea--Egeria densa Planch
(5) Hydrilla--Hydrilla verticillata.
(6) Water Primrose--Ludwigia uruguayensis.
(7) Eurasian watermilfoil--Myriophyllum spicatum.
(8) Slender Niad--Najas minor.
(9) Common Reed--Phragmites communis.
The importation into South Carolina or the sale or distribution of these noxious plants within the State is prohibited.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-585 - Public Weighmaster Law

Current through Register Vol. 48, No. 6, June 28, 2024
1. No person shall engage in the business of public weighing or measuring for hire or award unless duly licensed by the Commissioner of Agriculture pursuant to the provisions of Section 39-11-10, Code of Laws for South Carolina, 1976.
2. Public weighmaster licenses and deputy public weighmaster licenses shall be displayed in all places of business doing public weighing, measuring or counting for sale, purchase, hire or award.
3. A weighmaster seal press shall be at each place of business that a public weighmaster or a deputy public weighmaster is weighing, measuring or counting for sale, purchase, hire or award.
4. A certificate of weight, measurement or count shall be issued stating the following information:
(A) Date of issuance;
(B) Kind of property, produce, commodity or article weighed, measured or counted;
(C) Name of the owner or agent of the owner or of the consignee of the material weighed, measured or counted;
(D) Accurate weight, measurement or count of the material weighed, measured or counted;
(E) Gross, tare and net weight when applicable;
(F) Vehicle identity and such other available information as may be necessary to distinguish or identify the material being weighed, measured or counted from others of like kind;
(G) Public Weighmaster number as assigned by the Commissioner of Agriculture;
(H) Name and address of the company or individual by whom the weighmaster issuing the certificate is employed or the name and address of the weighmaster issuing the certificate;
(I) Signature of the weighmaster or deputy weighmaster who conducted the weighing, measuring or counting.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 15 - MISCELLANEOUS PROVISIONS › Section 5-586 - Grain Grading

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The Commissioner of Agriculture hereby adopts and approves the use of the United States Standards for grain for the official grading of grains and oilseeds in this State. Any other procedures or standards must have the written approval of the Commissioner of Agriculture before use.
(2) Dealers and Handlers who purchase grains or oilseed on any basis which does not take into account grade factors, including but not limited to moisture, foreign material, test weight, and damage are not required to make grade determinations within the meaning of Section 46-42-10, CODE OF LAWS OF SOUTH CAROLINA.
(3) When a deduction is made for any grade factor the qualitative or quantitative determination of the grade factor must be made in accordance with U.S.D.A. official grade standard determination procedures unless otherwise approved in writing by the Commissioner of Agriculture.
(4) Printout or punch tickets shall comply with the provisions of Section 46-42-50. Dealers and Handlers shall note in the appropriate blank the information for each factor when actually determined.
(5) No person shall engage in the grading of grains and/or oilseeds in this State unless he is certified to do so or is supervised by a person certified to do so by the South Carolina Department of Agriculture. For the purposes of this Section, no uncertified person may make grade determinations unless his supervisor is physically present upon the premises in a position to direct, govern, and monitor the grading process. Where grade determinations are made out of the actual eyesight of the supervisor, samples shall be spot-checked by the supervisor upon his return to the work station.
Statutory Authority: 1976 Code Section 46-42-70
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 17 - MILK PRODUCER TAX CREDIT › Section 5-610 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
a. Class I Price of fluid milk means the Uniform Milk price in South Carolina published by the USDA.
b. Producer means any individual, farm, corporation or other legal entity that produces and sells milk produced from his own cows.
c. Department means the S.C. Department of Agriculture.
d. Commissioner means the S.C. Commissioner of Agriculture.
e. Cost of Production means the average cost of production in South Carolina. If such information is not readily available, then the Department may use the next best information available, which may include the cost of production in other Southern states.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 17 - MILK PRODUCER TAX CREDIT › Section 5-611 - Production Price

Current through Register Vol. 48, No. 6, June 28, 2024
a. The average production price shall be posted on the Department's website and will be available in the Commissioner's Office at least annually when all information needed to compute the average production price becomes available. This average production price shall be used by the S.C. Department of Revenue in its determination of tax credit qualification.
b. The Production Price is equal to the Cost of Production in South Carolina, plus the difference between the average uniform price of milk in the top 5 markets where milk is imported, including transportation costs, and the uniform price of milk in the Appalachian Order.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 17 - MILK PRODUCER TAX CREDIT › Section 5-612 - Annual Milk Production Certification

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall provide a form to be filled out and signed by all dairy producers filing for the Milk Producer Tax Credit. This form shall certify the amount of milk produced and sold by a specific producer for the entire taxable year in which the credit is being applied for. This form shall be a sworn statement by the producer regarding the accuracy of the information listed on the form. The S.C. Department of Revenue will use this information regarding producer qualification for the tax credit.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 17 - MILK PRODUCER TAX CREDIT › Section 5-613 - Disputes Regarding Milk Producer Tax Credit Qualification

Current through Register Vol. 48, No. 6, June 28, 2024
All disputes regarding the credit or refund under the Milk Producer Tax Credit program shall be in accordance with the regulations and policies of the S.C. Department of Revenue.
South Carolina Code of Regulations › Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE › Article 6 - GENERAL PROVISIONS › Section 7-200 - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
Title 61 of the South Carolina Code of Laws concerns the regulation of alcoholic liquor, beer and wine in the State of South Carolina. The following subsections address various general provisions applicable to the regulation of all alcoholic beverages.
South Carolina Code of Regulations › Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE › Article 6 - GENERAL PROVISIONS › Section 7-200.2 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
Every holder of a permit or license issued by the Department must keep and maintain at some location within the state records of all purchases of liquor, beer and wine. Such records must include the name of the seller and the date and quantity of the purchase. These reports of purchases must be kept for a period of three (3) years and upon ten days notice must be made available to the inspection of any authorized representative of the Department or the State Law Enforcement Division.
South Carolina Code of Regulations › Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE › Article 6 - GENERAL PROVISIONS › Section 7-200.3 - Display of Permits and Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
The holder of a permit or a license shall display such license in a conspicuous place upon the premises; however, the license required by Section 61-6-700 shall be conspicuously displayed in the area in which the wines, liqueurs, and similar alcoholic beverages are used in the cooking and preparation of foods.
South Carolina Code of Regulations › Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE › Article 6 - GENERAL PROVISIONS › Section 7-200.4 - Person Under 21-Violation to Allow Possession and Consumption of Alcoholic Liquors, or Possession and Consumption of Beer or Wine, on Premises

Current through Register Vol. 48, No. 6, June 28, 2024
To permit or knowingly allow a person under twenty-one year of age to purchase or possess or consume alcoholic liquors, beer or wine in or on a licensed place of business which holds a license or permit issued by the Department is prohibited and constitutes a violation against the license or permit. Such violation shall be sufficient cause to suspend or revoke the license or permit by the Department.
South Carolina Code of Regulations › Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE › Article 6 - GENERAL PROVISIONS › Section 7-200.5 - Signs Required Under Section 61-4-70 and 61-6-1530; Size and Lettering

Current through Register Vol. 48, No. 6, June 28, 2024
The lettering on the signs required under Section 61-4-70 and 61-6-1530 shall be no smaller than one-half inch and the sign shall be posted in a conspicuous place behind the bar if the permit or license is for on-premise consumption or at the check-out counter if the permit or license is for off-premise consumption. Failure to post this sign in a proper manner shall constitute a violation against the permit or license.
South Carolina Code of Regulations › Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE › Article 6 - GENERAL PROVISIONS › Section 7-201 - Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
Code Sections 61-4-525, 61-6-185 and 61-6-1825 set forth the requirements a person must follow when protesting the issuance or renewal of a beer and wine permit, retail liquor store license and a liquor by the drink license.
The following will address these requirements:
1. Q. Who may protest the issuance or renewal of a beer and wine permit or an alcoholic liquor license?
A. Any person who:
1. resides in the county in which the permit or license is requested to be granted; or
2. resides within five miles of the location for which the permit or license is requested
may protest the issuance or renewal of a beer and wine permit or an alcoholic liquor license.
South Carolina Code of Regulations › Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE › Article 6 - GENERAL PROVISIONS › Section 7-202 - Premises

Current through Register Vol. 48, No. 6, June 28, 2024
The following provisions apply with respect to licenses issued pursuant to Title 61. The purpose of these provisions is the determination of the extent of the physical place where a business or entity that has been approved to hold a license undertakes the privileges and responsibilities associated with that license. Eligibility to hold such licenses is outside the scope of these provisions, except with respect to licenses for satellite facilities as provided in Section 7-202.2.D.