reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 1 - ENRICHED CORN MEAL AND GRITS › Section 5-240 - Enriched Corn Meal and Grits

Current through Register Vol. 48, No. 6, June 28, 2024
1. Labeling:
a. All containers such as boxes, cloth and paper bags, except when repacked from bulk by retailer, and other containers for hominy grits and/or corn meal, must be labeled in accordance with the Federal Security Agency's regulations for special dietary uses, so as to carry information as to minimum daily requirements of enrichment ingredients for adults.
b. Specimen wording of label submitted below contains the above information.
ENRICHED HOMINY GRITS OR ENRICHED CORN MEAL. "____ ounces (____ cups) of this product contain not less than the following proportions of the minimum daily requirements of Thiamin (B-1 ____%; Iron ____%; Niacin ____mgs.)"
c. As provided in Section 39-29-20(2), if allowable ingredients are used, the amount must be stated on label.
d. Labels shall be printed on boxes and other containers in type large enough to be easily read. Sewed-in tags may be used on bags.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 1 - ENRICHED CORN MEAL AND GRITS › Section 5-241 - Custom Grinding Service for Unenriched Corn Meal and Corn Grits

Current through Register Vol. 48, No. 6, June 28, 2024
As provided in Exemptions, Section 39-29-50, an individual may obtain custom ground unenriched whole ground corn meal or corn grits if the following conditions are met: (a) The person goes to the grinding mill rendering this service and requests that the miller grind him unenriched whole corn meal or corn grits, (b) The miller grinds the corn meal or corn grits as ordered without maintaining an inventory of unenriched products, (c) The finished unenriched product is labeled "UNENRICHED WHOLE CORN MEAL (OR CORN GRITS); FOR INDIVIDUAL USE, NOT FOR RESALE" by the miller. The miller's name and address must be stated as a part of the labeling.
Corn Mills providing this custom grinding service for unenriched corn meal and corn grits must register with the Commissioner of Agriculture their desire to provide this service. Registration application forms for this purpose will be provided by the Department of Agriculture upon request.
As provided in Section 39-29-50, the miller must have the enrichment premix available for the individual obtaining custom grinding, if requested and desired. (Filed in the office of the Secretary of State February 18, 1976.)
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 2 - ENRICHED FLOUR AND ENRICHED BREAD › Section 5-250 - Definition of White Flour

Current through Register Vol. 48, No. 6, June 28, 2024
The term "white flour" includes and shall be limited to flour made wholly from wheat which conforms to the definition and standard of identity for white flour, promulgated by the Federal Security Agency (Federal Register of May 27, 1941, page 2579).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 2 - ENRICHED FLOUR AND ENRICHED BREAD › Section 5-251 - Definition of Self-rising Flour

Current through Register Vol. 48, No. 6, June 28, 2024
The term "self-rising flour" includes and shall be limited to self-rising flour which conforms to the definition and standard of identity of self-rising flour, promulgated by the Federal Security Agency (Federal Register of May 27, 1941, page 2580).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 2 - ENRICHED FLOUR AND ENRICHED BREAD › Section 5-252 - Exclusion of Certain Flour

Current through Register Vol. 48, No. 6, June 28, 2024
Provided, however, that special flours not used for bread and biscuit baking, such as cake, pancake, pastry flours and other specialty flours, shall be excluded.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 2 - ENRICHED FLOUR AND ENRICHED BREAD › Section 5-253 - Labelling

Current through Register Vol. 48, No. 6, June 28, 2024
All containers, such as cloth and paper bags, barrels, and other containers for white flour and for self-rising flour must be labelled in accordance with the Federal Security Agency's regulations for foods for special dietary uses (Federal Register November 29, 1941, page 5925), so as to carry information as to minimum daily requirements of required ingredients for adults.
Specimen wording of label submitted below contains the above information, and either these, or similar ones, are acceptable.
ENRICHED FLOUR.
"10 ozs. of this flour contains not less than the following proportions of the minimum daily requirements of Vitamins B-1, 100%; Iron 37% and 3.75 mg. of Niacin (another B. Vitamin)."
or
"8 oz. (2 cups) contains 83% of the Vitamin B-1, and 30% of the Iron required daily as a minimum for an adult; also 3 mg. Niacin."
Labels shall be printed on bags, or other containers, in type large enough to be easily read.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 2 - ENRICHED FLOUR AND ENRICHED BREAD › Section 5-254 - Baker's Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
Bakers or other commercial secondary processors purchasing flour non-enriched shall prepare an approved certificate, in triplicate. This certificate must be approved by the Commissioner of Agriculture--one copy to be furnished his office, the other copy to be retained by the purchaser, and the original to be furnished the supplier of the non-enriched flour. Said certificate may be in the form of a blanket certificate to cover all purchases from each supplier for an indefinite period of time, or a separate certificate may be furnished with each purchase order. The law does not state the form of certificate to be used; however, the following form is suggested:
Suggested Certificate.
This is to certify that the flour purchased by me, or us, from you, is to be used solely in the production of enriched flour or enriched bread, as defined in the Act of the General Assembly, "To Require the Enrichment of White Bread, White Flour and Self-rising Flour, etc."--or in the manufacture of legitimate products not covered by the provisions of this Rule or rules of Administration set up by the Commissioner of Agriculture. This certificate is to remain in force until written notice of its cancellation.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 2 - ENRICHED FLOUR AND ENRICHED BREAD › Section 5-255 - Definition of Bread

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of administering this Rule, bread shall mean that product, in the form of loaves, obtained by baking dough consisting of flour, leavened mixture, with water and/or other liquid and with or without the addition of other edible substances.
The provisions of this Rule shall apply to what is generally known as white bread and not to such specialties as cakes, pastry, rolls, buns, crackers, raisin bread, cheese bread, banana bread, or "other special bakery products."
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 2 - ENRICHED FLOUR AND ENRICHED BREAD › Section 5-256 - Bread Labelling

Current through Register Vol. 48, No. 6, June 28, 2024
All white bread sold, or offered for sale within the State of South Carolina shall bear a label in accordance with the provisions set up by the Federal Security Agency containing information such as given for flour, and the following is suggested:
ENRICHED BREAD.
Six ounces of this bread contains not less than the following proportions of minimum daily requirements of Vitamins B-1, 37 1/2 %; Niacin (another "B" Vitamin)--1.5 mgs; Iron, 15%.
A label must be on each individual loaf, either printed on the wrapper or on a band around the wrapped bread, or labeled by any other practical method.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 3 - ENRICHED RICE › Section 5-260 - Classification

Current through Register Vol. 48, No. 6, June 28, 2024
Rice which is coated with talc and glucose shall be placed into the class of "Bulk Rice" regardless of the size or type of package used, thus requiring the enrichment ingredients to be rinse-resistant.
Millers are hereby authorized to judge for themselves whether their brand is in the "Rice" class or "Bulk Rice" class as set forth in Section 39-31-50, S. C. Code 1976. If the Commissioner finds this privilege abused, he will rescind this phase of the regulation and direct the mill to market a cleaner rice or enrich it by a method which gives rinse-resistance to the enrichment ingredients.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 3 - ENRICHED RICE › Section 5-261 - Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
(a) All containers such as cloth, paper, or cellophane bags, cartons or boxes, and other containers for enriched rice must be labeled in accordance with the appropriate Federal Agency's regulations for foods for special dietary uses so as to carry information as to the minimum daily requirements of required ingredients for adults.
In addition, the label statement, "To retain vitamins do not rinse before or drain after cooking" shall appear immediately preceding or following the name of the food and in letters not less than one-fourth the point size of type used for printing the name of the food (but in no case less than 8-point type). The label shall bear no cooking directions calling for washing or draining.
(1) "Bulk rice" shall be conspicuously labeled "Do not drain after cooking" even though the product meets the specified rinse test.
(2) Precooked rice, packaged in consumer packages which are conspicuously and prominently labeled with directions for preparation which, if followed, will avoid washing away or draining off enriching ingredients, shall not be required to bear this statement.
Specimen wording of the label submitted below contains the above information, and either these, or similar ones, are acceptable:
ENRICHED RICE
To retain vitamins do not rinse before or drain after cooking. Four ounces of enriched rice supply not less than the following proportions of the adult minimum daily requirements for these essential food substances: Thiamine 50%; Niacin 40%; and Iron 33%.
Optional ingredients calcium and riboflavin are not required, but if either or both are used, the label must contain either or both statements as in the sample below:
"Four ounces of enriched rice supply not less than the following proportions of the adult minimum daily requirements for these essential food substances: Thiamine 50%; Riboflavin 25%; Niacin 40%; Iron 33%."
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 3 - ENRICHED RICE › Section 5-262 - Testing

Current through Register Vol. 48, No. 6, June 28, 2024
For purposes of testing to determine conformance with the provisions of this Rule enriched rice shall be tested in accordance with official methods of the Association of Official Agricultural Chemists.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 5 - ENRICHED PRODUCTS › Subarticle 3 - ENRICHED RICE › Section 5-263 - Certificates

Current through Register Vol. 48, No. 6, June 28, 2024
Dealers or other commercial secondary processors purchasing rice non-enriched shall prepare an approved certificate, in triplicate. This certificate must be approved by the Commissioner--one copy to be furnished his office, the other copy to be retained by the purchaser, and the original to be furnished the supplier of non-enriched rice. The certificate may be in the form of a blanket certificate to cover all purchases from each supplier for an indefinite period of time, or a separate certificate may be furnished with each purchase order. The following form of certificate is suggested:
"This is to certify that the rice purchased by me, or us, from you, is to be used solely in the production of enriched rice, or for shipment out of the State of South Carolina, or in the manufacture of legitimate products not covered by the provisions of the Rice Enrichment Act. This certificate is to remain in force until written notice of its cancellation."
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 1 - GENERAL › Section 5-270 - General Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The provisions of regulations promulgated under the South Carolina Food and Cosmetic Act with respect to the doing of any act shall be applicable also to the causing of such act to be done.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 1 - GENERAL › Section 5-271 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The definitions and interpretations of terms contained in Section 39-25-20 shall be applicable also to such terms when used in regulations promulgated under the Act.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 1 - GENERAL › Section 5-272 - Exemptions From Required Label Statements

Current through Register Vol. 48, No. 6, June 28, 2024
The following exemptions are granted from label statements required by these regulations:
(a) While held for sale, a food shall be exempt from the required declaration of net quantity of contents specified in this part if said food is received in bulk containers at a retail establishment and is accurately weighed, measured, or counted either within the view of the purchaser or in compliance with the purchaser's order.
(b) Individual serving-size packages of food containing less than 1/2 ounce or less than 1/2 fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified by these regulations.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 2 - DEFINITIONS › Section 5-280 - Labeling Definition

Current through Register Vol. 48, No. 6, June 28, 2024
Labeling includes all written, printed, or graphic matter accompanying an article at any time while such article is for sale, delivery, held for sale or offered for sale in the State of South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 2 - DEFINITIONS › Section 5-281 - Difference of Opinion Among Experts

Current through Register Vol. 48, No. 6, June 28, 2024
The existence of a difference of opinion, among experts qualified by scientific training and experience, as to the truth of a representation made or suggested in the labeling is a fact (among other facts) the failure to reveal which may render the labeling misleading, if there is a material weight of opinion contrary of such representation.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-290 - Guaranty

Current through Register Vol. 48, No. 6, June 28, 2024
In case of the giving of a guaranty or undertaking referred to in Section 39-5-50(b), each person signing such guaranty or undertaking shall be considered to have given it.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-291 - Guaranty: Definition, and Suggested Forms

Current through Register Vol. 48, No. 6, June 28, 2024
A guaranty or undertaking referred to in Section 39-25-30(g) may be:
(a) Limited to a specific shipment or other delivery of an article, in which case it may be a part of or attached to the invoice or bill of sale covering such shipment or delivery, or
(b) General and continuing, in which case, in its application to any shipment or other delivery of an article, it shall be considered to have been given at the date such article was shipped or delivered by the person who gives the guaranty or undertaking.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-292 - Suggested Forms

Current through Register Vol. 48, No. 6, June 28, 2024
The following are suggested forms of guaranty or undertaking under Section 39-25-50(g):
(a) Limited form for use on invoice or bill of sale.
(Name of person giving the guaranty or undertaking) hereby guarantees that no article listed herein is adulterated or misbranded within the meaning of the South Carolina Food and Cosmetic Act. (Signature and Post Office address of person giving the guaranty or undertaking).
(b) General and continuing form.
The article comprising each shipment or other delivery hereafter made by (name of person giving the guaranty or undertaking) to, or on the order of (name and Post-Office address of person to whom the guaranty or undertaking is given) is hereby guaranteed, as of the date of such shipment or delivery, to be, on such date, not adulterated or misbranded within the meaning of the South Carolina Food and Cosmetic Act. (Signature and Post-Office address of person giving the guaranty or undertaking).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-293 - Expiration of Guaranty

Current through Register Vol. 48, No. 6, June 28, 2024
The application of a guaranty or undertaking referred to in Section 39-25-30(g) to any shipment or other delivery of an article shall expire when such article, after shipment or delivery by the person who gave such guaranty or undertaking, becomes adulterated or misbranded within the meaning of the Act.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-294 - Contents of Guaranty

Current through Register Vol. 48, No. 6, June 28, 2024
A guaranty or undertaking referred to in Section 39-25-30(g) shall state that the shipment or other delivery of the color additive covered thereby was manufactured by a signer thereof. It may be a part of or attached to the invoice or bill of sale covering such color. If such shipment or delivery is from a foreign manufacturer, such guaranty or undertaking shall be signed by such manufacturer and by an agent of such manufacturer who resides in the United States.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-295 - Manufacturer of Shipment of Color Additive is Packager

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of a guaranty or undertaking under Section 39-25-50(b) the manufacturer of a shipment or other delivery of a color additive is the person who packaged such color.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-296 - Guaranty Signed by Two or More Persons

Current through Register Vol. 48, No. 6, June 28, 2024
A guaranty or undertaking, if signed by two or more persons, shall state that such persons severally guarantee the article to which it applies.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-297 - No Mention of Guaranty in Label

Current through Register Vol. 48, No. 6, June 28, 2024
No representation or suggestion that an article is guaranteed under the Act shall be made in labeling.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-298 - Presentation of Views Under Section 39-25-70

Current through Register Vol. 48, No. 6, June 28, 2024
Presentation of views under Section 39-25-70 shall be private and informal. The views presented shall be confined to matters relevant to the contemplated proceeding.
Such views may be presented by letter or in person by the person to whom the notice was given, or by his representative. In case such person holds a guaranty or undertaking referred to in Section 39-25-50(b)  applicable to the article on which such notice was based, such guaranty or undertaking, or a verified copy thereof, shall be made a part of such presentation of views.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 3 - PROHIBITED ACTS AND PENALTIES › Section 5-299 - Change of Time and Place for Presentation of Views

Current through Register Vol. 48, No. 6, June 28, 2024
Upon request, reasonably made, by the person to whom a notice appointing a time and place for the presentation of views under Section 39-2570 has been given, or by his representative, such time or place, or both such time and place, may be changed if the request states reasonable grounds therefor. Such request shall be addressed to the office of the South Carolina Department of Agriculture, which issued the notice.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-300 - Food: Labeling-Misbranding

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Among representations in the labeling of a food which render such food misbranded is a false or misleading representation with respect to another food or a drug, device, or cosmetic.
(b) The labeling of a food which contains two or more ingredients may be misleading by reason (among other reasons) of the designation of such food in such labeling by a name which includes or suggests the name of one or more, but not all such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-301 - Food in Package Form Labeling: Identity

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The principal display panel of a food in package form shall bear as one of its principal features a statement of identity of the commodity.
(b) Such statement of identity shall be in terms of:
(1) The name now or hereafter specified in or required by an applicable law or regulation; or, in the absence thereof,
(2) The common or usual name of the food; or, in the absence thereof,
(3) An appropriately descriptive term or when the nature of the food is obvious, a fanciful name commonly used by the public for such food.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-302 - Compliance with Labeling Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
A requirement under the authority of this Act that any word, statement, or other information appear on the label of a food shall not be considered to be complied with unless such word, statement or information also appears on the outer container or wrapper of the retail package of the food, or such information is easily legible by virtue of the transparency of the outer wrapper or container.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-303 - Food Labeling; Name and Place of Business of Manufacturer, Packer, or Distributor

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The label of a food in packaged form shall specify conspicuously the name and place of business of the manufacturer, packer, or distributor.
(b) The requirement for declaration of the name of the manufacturer, packer, or distributor shall be deemed to be satisfied, in the case of a corporation, only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used.
(c) Where the food is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such food; such as "Manufactured for __________," "Distributed by __________," or any other wording that expresses the facts.
(d) The statement of the place of business shall include the street address, city, State, and ZIP Code; however, the street address may be omitted if it is shown in a current city directory or telephone directory. The requirement for inclusion of the ZIP Code shall apply only to consumer commodity labels developed or revised after the effective date of this section. In the case of non-consumer packages, the ZIP Code shall appear either on the label or the labeling (including invoice).
(e) If a person manufactures, packs, or distributes a food at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where such food was manufactured or packed or is to be distributed, unless such statement would be misleading.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-304 - Food: Labeling; Prominence of Required Statements

Current through Register Vol. 48, No. 6, June 28, 2024
A word, statement, or other information required by or under authority of the Act to appear on the label may lack that prominence and conspicuousness required by Section 39-25-110(f) by reason (among other reasons) of:
(a) The failure of such word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase;
(b) The failure of such word, statement, or information to appear on two or more parts or panels of the label, each of which has sufficient space therefor, and each of which is so designed as to render it likely to be, under customary conditions of purchase, the part or panel displayed;
(c) The failure of the label to extend over the area of the container of package available for such extension, so as to provide sufficient label space for the prominent placing of such word, statement, or information;
(d) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space for any word, statement, design, or device which is not required by or under authority of the Act to appear on the label;
(e) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement, or information, or to any design or device; or
(f) Smallness or style of type in which such word, statement, or information appears, insufficient background contrast, obscuring designs or vignettes, or crowding with other written, printed, or graphic matter.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-305 - Insufficiency of Label Space

Current through Register Vol. 48, No. 6, June 28, 2024
No exemption depending on insufficiency of label space, as prescribed in regulations promulgated under Section 39-25-110(i), shall apply if such insufficiency is caused by:
(a) The use of label space for any word, statement, design, or device which is not required by or under authority of the Act to appear on the label;
(b) The use of label space to give greater conspicuousness to any word, statement, or other information than is required by Section 39-25-110(f); or
(c) The use of label space for any representation in a foreign language.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-306 - Language of Label

Current through Register Vol. 48, No. 6, June 28, 2024
(a) All words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the English language;
(b) If the label contains any representation in a foreign language, all words, statements, and other information required by or under authority of the Act to appear on the label shall appear thereon in the foreign language.
(c) If the labeling contains any representation in a foreign language, all words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear on the labeling in the foreign language.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-307 - Food: Labeling, Designation of Ingredients

Current through Register Vol. 48, No. 6, June 28, 2024
The name of an ingredient (except a spice, flavoring, or coloring which is an ingredient of a food other than one sold as a spice, flavoring, or coloring), required by Section 39-25-110(i)(2)  to be borne on the label of a food, shall be a specific name and not a collective name. But if an ingredient (which itself contains two or more ingredients) conforms to a definition and standard of identity prescribed by regulations under Section 39-25-90, such ingredient may be designated on the label of such food by the name specified on the definition and standard, supplement, in case such regulations require the naming of optional ingredients present in such ingredient, by a statement showing the optional ingredients which are present in such ingredient.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-308 - Designation of Spices, Flavorings and Coloring

Current through Register Vol. 48, No. 6, June 28, 2024
No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, within the meaning of such term as commonly understood by consumers. The term "coloring" shall not include any bleaching substance.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-309 - Designation if Both a Spice and Coloring or Flavoring and Coloring

Current through Register Vol. 48, No. 6, June 28, 2024
An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, as the case may be, unless such ingredient is designated by its specific name.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-310 - Fabricated Foods

Current through Register Vol. 48, No. 6, June 28, 2024
In the case of fabricated foods, including mixtures of food ingredients, where the proportion of an expensive ingredient or ingredients present has a material bearing on price or consumer acceptance, the label of such food shall bear a quantitative statement of such ingredient(s) if the label without such declaration may create an erroneous impression that such ingredient or ingredients are present in an amount greater than is actually the case. For example, a label designation of identity as "cottonseed oil and olive oil" for a mixture containing eighty percent or more of cottonseed oil would require a declaration of the percent of olive oil present. Similarly, a representative by vignette or statement of identity that a breakfast syrup is made from a mixture of sugar syrup and maple sugar syrup would necessitate a quantitative declaration of the maple sugar syrup unless more than twenty percent maple sugar syrup is present.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-311 - Assortment Packages

Current through Register Vol. 48, No. 6, June 28, 2024
In the case of an assortment of different items of food, when variations in the items which make up different packages packed from such assortment normally occur in good packing practice, and when such variations result in variations in the ingredients in different packages, such food shall be exempt from compliance with the requirements of clause (2) of Section 39-25-110(i) with respect to any ingredient which is not common to all packages. But such exemption shall be on the condition that the label shall bear, in conjunction with the names of such ingredients as are common to all packages, a statement in terms which are as informative as practicable and which are not misleading, indicating that other ingredients may be present.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-312 - Exemption from Ingredient Listing Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
A food, while held for sale, shall be exempt from the requirements of clause (2) of Section 39-25-110(i)  (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients) if said food, having been received in bulk containers at a retail establishment, is displayed to the purchaser with either:
(1) The labeling of the bulk container plainly in view, or
(2) A counter card, sign, or other appropriate device bearing prominently and conspicuously the information required to be stated on the label pursuant to clause (2) of Section 39-25-110(i).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-313 - Exemption for Propylene Glycol or Glycerin

Current through Register Vol. 48, No. 6, June 28, 2024
Propylene glycol or glycerin present in quiescently frozen confections because of use as a carrier for food-grade emulsifiers and stabilizers is exempt from the requirements of Section 39-25-110(i)(2)  (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-314 - Listing Ingredients in Order of Decreasing Predominance

Current through Register Vol. 48, No. 6, June 28, 2024
Ingredients shall be listed by common or usual name in order of decreasing predominance. The declaration shall be presented on any appropriate information panel in adequate type size, without obscuring design, vignettes or crowding. The entire ingredient statement shall appear on a single panel of the label.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-315 - Special Dietary Uses

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The term "special dietary uses" as applied to food for man, means particular (as distinguished from general) uses of food, as follows:
(1) Uses for supplying particular dietary needs which exist by reason of a physical, physiological, pathological, or other condition, including but not limited to the conditions of diseases, convalescence, pregnancy, lactation, allergic hypersensitivity to food, underweight, and overweight;
(2) Uses for supplying particular dietary needs which exist by reason of age, including but not limited to the age of infancy and childhood;
(3) Uses for supplementing or fortifying the ordinary or usual diet with any vitamin, mineral, or other dietary property. Any such particular use of food is a special dietary use, regardless of whether such food also purports to be or is represented for general use.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-316 - Food Labeling; Number of Servings

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The label of any package of a food which bears a representation as to the number of servings contained therein shall bear in immediate conjunction with such statement, and in the same size type, a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving. The latter statement may, however, be expressed in terms that differ from the terms used in the required statement of net quantity of contents (for example, cupfuls, tablespoonfuls, etc.) when such differing term is common to cookery and describes a constant quantity. Such alternative statement must not be misleading in any particular. A statement of the number of units in a package is not in itself a statement of the number of servings.
(b) If there exists a voluntary product standard promulgated pursuant to the procedures found in Part 10, Title 15, Code of Federal Regulations by the Department of Commerce, quantitatively defining the meaning of the term "serving" with respect to a particular food, then any label representation as to the number of servings in such packaged food shall correspond with such quantitative definition.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-317 - Food Labeling; Artificial Flavoring or Coloring, Chemical Preservatives

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The term "artificial flavoring" means a flavoring containing any rapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.
(b) The term "artificial coloring" means a coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye of natural pigment from a plant or other material in which such dye or pigment was naturally produced.
(c) The term "chemical preservative" means any chemical that, when added to food, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices or oils extracted from spices, substances added to food by direct exposure thereof to wood smoke, or chemicals applied for their insecticidal or herbicidal properties.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-318 - No Exemption for Unpackaged Food

Current through Register Vol. 48, No. 6, June 28, 2024
A food which is subject to the requirement of Section 39-25-110(k)  shall bear labeling, even though such food is not in package form.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-319 - Where Statement Must Appear

Current through Register Vol. 48, No. 6, June 28, 2024
A statement of artificial flavoring, artificial coloring, or chemical preservative shall be placed on the food, or on its container or wrapper, or on any two or all of these, as may be necessary to render such statement likely to be read by the ordinary individual under customary conditions of purchase and use of such food.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-320 - Exemption Due to Unit Size

Current through Register Vol. 48, No. 6, June 28, 2024
A food shall be exempt from compliance with the requirements of Section 39-25-110(k) if it is not in package form and the units thereof are so small that a statement of artificial flavoring, artificial coloring, or chemical preservative, as the case may be, cannot be placed on such units with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-321 - Exemption from Label Statement

Current through Register Vol. 48, No. 6, June 28, 2024
A food shall be exempt while held for sale from the requirements of Section 39-25-110(k)  (requiring label statement of any artificial flavoring, artificial coloring, or chemical preservatives) if said food, having been received in bulk containers at a retail establishment, is displayed to the purchaser with either
(1) The labeling of the bulk container plainly in view, or
(2) A counter card, sign, or other appropriate device bearing prominently and conspicuously the information required to be stated on the label pursuant to Section 39-25-110(k).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 4 - FOOD › Section 5-322 - Exemptions for Fruits and Vegetables

Current through Register Vol. 48, No. 6, June 28, 2024
A fruit or vegetable shall be exempt from compliance with the requirements of Section 39-25-110(k) with respect to a chemical preservative applied to the fruit or vegetable as a pesticide chemical prior to harvest.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-330 - Cosmetics; Labeling; Misbranding

Current through Register Vol. 48, No. 6, June 28, 2024
Among representations in labeling of a cosmetic which render such cosmetic misbranded is a false or misleading representation with respect to another cosmetic or a food, drug, or device.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-331 - Misleading Labeling Defined

Current through Register Vol. 48, No. 6, June 28, 2024
The labeling of a cosmetic which contains two or more ingredients may be misleading by reason (among other reasons) of the designation of such cosmetic in such labeling by a name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-332 - Cosmetic; Labeling; Required Statements; Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
If a cosmetic is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase, which reveals the connection such person has with such cosmetic such as "Manufactured for and Packed by __________," "Distributed by __________," or other similar phrase which expresses the facts.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-333 - Statement of Place of Business

Current through Register Vol. 48, No. 6, June 28, 2024
The statement of the place of business shall include the street address if any, of such place, unless such street address is shown in a current city directory or telephone directory.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-334 - Principal Place of Business

Current through Register Vol. 48, No. 6, June 28, 2024
Where a person manufactures, packs, or distributes a cosmetic at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where such package of such cosmetic was manufactured or packed, or is to be distributed, if such statement is not misleading in any particular.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-335 - Statement of Manufacturer No Relief from Misleading Label Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
The requirement that the label shall contain the name and place of business of the manufacturer, packer or distributor shall not be considered to relieve any cosmetic from the requirement that its label shall not be misleading in any particular.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-336 - Statement of Quantity

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The statement of the quantity of the contents shall reveal the quantity of cosmetic in the package, exclusive of wrappers and other material packed with such cosmetic.
(b) The statement shall be expressed in the terms of weight, measure, numerical count, or a combination of numerical count and weight or measure, which are generally used by consumers to express quantity of such cosmetic and which give accurate information as to the quantity thereof. But if no general consumer usage in expressing accurate information as to the quantity of such cosmetic exists, the statement shall be in terms of liquid measure if the cosmetic is liquid or in terms of weight if the cosmetic is solid, semisolid, or viscous, or in such terms of numerical count, or numerical count and weight or measure, as will give accurate information as to the quantity of the cosmetic in the package.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-337 - Statement of Weight

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A statement of weight shall be in terms of the avoirdupois pound and ounce. A statement of liquid measure shall be in terms of the United States gallon of 231 cubic inches and quart, pint, and fluid ounce subdivisions thereof, and shall express the volume at 68° Fahrenheit (20° Centigrade). However, in the case of an export shipment, the statement may be in terms of a system of weight or measure in common use in the country to which such shipment is exported.
(b) A statement of weight or measure in the terms specified in paragraph (a) of this Rule may be supplemented by a statement in terms of the metric system of weight or measure.
(c) Unless an unqualified statement of numerical count gives accurate information as to the quantity of cosmetic in the package, it shall be supplemented by such statement of weight, measure, or size of the individual units of the cosmetic as will give such information.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-338 - Use of Fractions in Statement

Current through Register Vol. 48, No. 6, June 28, 2024
Statements shall contain only such fractions as are generally used in expressing the quantity of the cosmetic. A common fraction shall be reduced to its lowest terms; a decimal fraction shall not be carried out to more than two places.