reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-413 - Substances with Multiple Hazards

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any article that presents more than one type of hazard (for example, if the article is both "toxic" and "flammable") must be labeled with an affirmative statement of each such hazard; precautionary measures describing the action to be followed or avoided for each such hazard; instructions, when necessary or appropriate, for first-aid treatment of persons suffering from the ill effects that may result from each such hazard; instructions for handling and storage of packages that require special care in handling and storage because of more than one type of hazard presented by the article, as well as the common or usual name (or the chemical name if there is no common or usual name) for each hazardous component present in the article.
(b) Label information referring to the possibility of one hazard may be combined with parallel information concerning any additional hazards presented by the article; Provided, That the resulting condensed label statement shall contain all of the information needed for dealing with each type of hazard presented by the article.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-414 - Label Comment

Current through Register Vol. 48, No. 6, June 28, 2024
The Department will offer informal comment on any proposed label and accompanying literature involving a hazardous substance if it is furnished with:
(a) Complete labeling or proposed labeling, which may be in draft form.
(b) Complete quantitative formula.
(c) Adequate clinical pharmacological, toxicological, physical, and chemical data applicable to the possible hazard of the substance.
(d) Any other information available that would facilitate preparation of a suitable label, such as complaints of injuries resulting from the product's use, or other evidence that would furnish human-experience data.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-415 - Substances Named in the South Carolina Dangerous Substances Law

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioner finds that for those substances covered by the South Carolina Dangerous Substances Law (Sections 44-53-1210 through 44-53-1250, Code of Laws of S. C., 1976), the requirement of Section 23-39-20(o)(1) of the South Carolina Hazardous Substances Act are not adequate for the protection of the public health. Labeling for those substances in the concentrations listed in the S. C. Dangerous Substances Act, were required to bear the signal word, "poison". The Commissioner believes that the lack of the designation "poison" would indicate to the consumer a lesser hazard than theretofore and that such would not be in the interest of the public health. Under the authority granted in Section 23-39-30(b), the Commissioner finds that for the following substances, and at the following concentrations, the word, "poison" is necessary instead of any signal word:
(a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of l0 percent or more.
(b) Sulfuric acid and any preparation containing free or chemically unneutralized sulfuric acid (H2 SO4) in a concentration of 10 percent or more.
(c) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of 5 percent or more.
(d) Carbolic acid (C6 H5OH), also known as phenol, and any preparation containing carbolic acid or phenol in a concentration of 5 percent or more.
(e) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2 C2O4) in a concentration of 10 percent or more.
(f) Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more.
(g) Acetic acid and any preparation containing free or chemically unneutralized acetic acid (HC2 H3O2) in a concentration of 20 percent or more.
(h) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration that will yield 10 percent or more by weight of available chlorine.
(i) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and vienna paste (vienna caustic), in a concentration of 10 percent or more.
(j) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more.
(k) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of 5 percent or more.
(l) Ammonia water and any preparation containing free chemically uncombined ammonia (NH3), including ammonium hydroxide and "hartshorn", in a concentration of 5 percent or more.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-416 - Self-pressurized Containers: Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Self-pressurized containers that fail to bear a warning statement adequate for the protection of the public health and safety may be misbranded under the act, except as otherwise provided pursuant to Section 23-39-30.
(b) The following warning statement will be considered as meeting the requirements of Section 23-39-20(o)(1) if the only hazard associated with an article is that the contents are under pressure:
WARNING--CONTENTS UNDER PRESSURE. Do not puncture or incinerate container. Do not expose to heat or store at temperature above 120°F. Keep out of the reach of children.
The word, "CAUTION", may be substituted for the word, "WARNING". A practical equivalent may be substituted for the statement, "Keep out of the reach of children".
(c) That portion of the warning statement set forth in paragraph (b) in capital letters should be printed on the main (front) panel of the container in capital letters of the type size specified in 5-408(c). The balance of the cautionary statements may appear together on another panel; Provided, That the front panel also bears a statement such as, "Read carefully other cautions on panel".
(d) If an article has additional hazards, such as skin or eye irritancy, toxicity, or flammability, appropriate additional front and rear panel precautionary labeling is required.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-417 - Methyl Alcohol-base Radiator Antifreeze: Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Methyl alcohol-base (methanolbase) radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for the protection of the public health and safety, except as otherwise provided pursuant to Section 23-39-30.
(b) The following warning statement will be considered as meeting the requirements of Section 23-39-20(o)(1)  and 5-394(b)(2)with respect to methyl alcohol-base radiator antifreeze when the only hazard foreseeable is that caused by the methyl alcohol content and when the article has a flashpoint in the "flammable" range as that term is defined in Section 23-39-20(k):
DANGER--POISON
(Skull and Crossbones Symbol)
MAY BE FATAL OR CAUSE BLINDNESS IF SWALLOWED
FLAMMABLE--VAPOR HARMFUL.
Contains methyl alcohol (methanol). Cannot be made nonpoisonous. Avoid contact with eyes. Use only in a well-ventilated area. Keep away from heat and open flame. Do not store in open or unlabeled containers.
First aid: In case of contact with eyes flush thoroughly with water. If swallowed, induce vomiting (give a tablespoon of salt in a glass of warm water). Repeat until vomit fluid is clear. Call physician immediately.
Keep out of the reach of children.
(c) The words that are in capital letters in the warning statement set forth in paragraph (b) of this section should be printed on the main (front) panel or panels of the container in capital letters of the type size specified in 5-408(c)except that the word, "Poison", and the skull and crossbones symbol may appear on another panel with the balance of the cautionary information. The balance of the cautionary statements may appear together on another panel provided the front panel bears a statement such as, "Read carefully other cautions on panel".
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-418 - Ethylene Glycol-base Radiator Antifreeze; Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Ethylene glycol-base radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for the protection of the public health and safety, except as otherwise provided pursuant to Section 23-39-30.
(b) The following warning statements will be considered as meeting the requirements of Section 23-39-20(o)(1)  and 5-394(b)(4)with respect to ethylene glycol-base radiator antifreeze, with and without added sodium arsenite of over 0.01 percent by weight, when the only hazard foreseeable is that caused by the ethylene glycol and (if present) the added sodium arsenite:
(1) Ethylene glycol antifreeze containing less than 0.01 percent by weight of sodium arsenite.
WARNING--HARMFUL OR FATAL IF SWALLOWED
Do not drink antifreeze or solution. If swallowed, induce vomiting immediately. Call a physician. Ethylene glycol base. Do not store in open or unlabeled containers. Keep out of the reach of children.
(2) Ethylene glycol antifreeze containing 0.01 percent but no more than 1 percent by weight of sodium arsenite.
WARNING--HARMFUL OR FATAL IF SWALLOWED.
Do not drink antifreeze or solution. If swallowed, induce vomiting immediately. Call a physician. Ethylene glycol base containing sodium arsenite (less than 1%).
Antidote for sodium arsenite: Dimercaprol (BAL) to be administered only by a physician.
Do not store in open or unlabeled containers. Keep out of the reach of children.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-419 - Extremely Flammable Contact Adhesives; Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Extremely flammable contact adhesives, also known as contact bonding cements, when distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for the protection of the public health and safety.
(b) The following warning statement is considered as the minimum cautionary labeling adequate to meet the requirements of Section 23-39-20(o)(1)  with respect to containers of more than one-half pint of contact adhesive and similar liquid or semiliquid articles having a flashpoint at or below 20°F. as determined by the method in 5-402, when the only hazard foreseeable is that caused by the extreme flammability of the mixture:
DANGER
EXTREMELY FLAMMABLE
VAPORS MAY CAUSE FLASH FIRE
Vapors may ignite explosively.
Prevent buildup of vapors--open all windows and doors--use only with cross-ventilation.
Keep away from heat, sparks, and open flame.
Do not smoke, extinguish all flames and pilot lights, and turn off stoves, heaters, electric motors, and other sources of ignition during use and until all vapors are gone.
Close containers after use.
Keep out of the reach of children.
(c) The words that are in capital letters in the warning statement set forth in paragraph (b) of this regulation should be printed on the main (front) panel or panels of the container in capital letters of the type size specified in 5-408(c). The balance of the cautionary information may appear together on another panel provided the front panel bears a statement such as, "Read carefully other cautions on panel", the blank being filled in with the identification of the specific label panel bearing the balance of the cautionary labeling. It is recommended that a borderline be used in conjunction with the cautionary labeling.
(d) If an article has additional hazards, or contains ingredients listed in 5-394 as requiring special labeling, appropriate additional front and rear panel precautionary labeling is required.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 8 - LIVESTOCK SALES › Section 5-420 - Licensing

Current through Register Vol. 48, No. 6, June 28, 2024
All public livestock sales establishments as defined by Article 5 of Chapter 11 of Title 47 of the 1976 Code, shall obtain on or before July 1 of each calendar year a license from the South Carolina Department of Agriculture. Applications shall be on a standard form supplied by the Commissioner of Agriculture.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 8 - LIVESTOCK SALES › Section 5-421 - Display of License

Current through Register Vol. 48, No. 6, June 28, 2024
The operator of a public livestock sales establishment must display the license required by Article 5 of Chapter 11 of Title 47 of the 1976 Code and must display the Rules and Regulations pertaining thereto in a prominent place in view of the general public that would normally be involved in business transactions therein.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 8 - LIVESTOCK SALES › Section 5-422 - Records Required

Current through Register Vol. 48, No. 6, June 28, 2024
Each public livestock sales establishment must maintain a ledger or suitable substitute listing each and every sale transacted by the establishment. A deposit slip must be obtained not later than the next banking day following the date of sale covering the entire proceeds from the sale of livestock the previous day. These records shall be made available to any member of the Marketing Division of the South Carolina Department of Agriculture who is a duly authorized agent of the Commissioner for inspection upon demand, and failure to do so shall be considered a violation of Article 5 of Chapter 11 of Title 47 of the 1976 Code and punishable as follows: First offense $25; second offense $50; and third and subsequent offenses $100 and revocation or suspension of licenses.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 8 - LIVESTOCK SALES › Section 5-423 - Prompt Payment

Current through Register Vol. 48, No. 6, June 28, 2024
Payment for livestock purchased at auction shall be made on the same date of purchase of the livestock. Such payment shall be made by cash, check or draft. All such funds shall be deposited by the next banking day into the custodial account of the sales establishment and no loans from this account shall be made to any purchaser of livestock. At the conclusion of each sale, the operator must complete and forward to the South Carolina Department of Agriculture certification of compliance with the provisions of Article 5 of Chapter 11 of Title 47 of the 1976 Code. Should any check or draft tendered by the purchaser of livestock not be honored by the financial institution on which it is drawn, the operator must notify immediately the Marketing Division of the South Carolina Department of Agriculture providing the name of the individual responsible for such financial irresponsibility along with his address and the amount and date that the check was written. A copy of the nonhonored instrument must be forwarded to the Marketing Division of the South Carolina Department of Agriculture within twenty-four hours of its receipt.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 8 - LIVESTOCK SALES › Section 5-424 - Dissemination of News of Financial Irresponsibility

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever an instance of financial irresponsibility has been verified by the South Carolina Department of Agriculture, all sales establishments which have scheduled markets during the ensuing two days will be contacted by telephone and provided with information concerning the instance of irresponsibility. The Department will further notify all licensed markets by first class mail of the instance of irresponsibility. Whenever an instrument which has been dishonored is subsequently honored and payment has been received by the operator, he shall notify within twenty-four hours the South Carolina Department of Agriculture. This information will then be disseminated without delay by first class mail to all licensed operators within the State. A copy of each of the notices forwarded to operators of public livestock sales establishments must be forwarded simultaneously to the person alleged to be financially irresponsible.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 8 - LIVESTOCK SALES › Section 5-425 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Upon receipt of evidence that a public livestock sales establishment operator has violated any provision of Article 5 of Chapter 11 of Title 47 of the 1976 Code or these Rules and Regulations, the Commissioner or his authorized representative shall give notice to the alleged violator by registered mail instructing him to appear at a hearing to show cause why his license should not be revoked or suspended, the notice to contain the information that the operator is entitled to counsel and if he so desires may bring counsel with him to the hearing. If the alleged violator fails to appear before the Commissioner or his designated representative or if he does appear and the Commissioner or his representative rules that the operator did not show sufficient cause as to why his license should not be revoked or suspended, the Commissioner may impose penalties as follows: For the first offense a $100 fine; for the second offense a $200 fine; and for the third offense a $500 fine and the suspension or revocation of the license.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 8 - LIVESTOCK SALES › Section 5-426 - Injunction Issuance

Current through Register Vol. 48, No. 6, June 28, 2024
The display of a license that has been revoked or any attempt by an operator to conduct business in a public livestock sales establishment wherein a license has not been obtained or which has been revoked will result in immediate action by the Commissioner or his agent to seek a court order to prevent the operator from continuing business.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 9 - MILK › Section 5-430 - Tests

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Babcock Test is declared the official method to be used in compliance with this act. One modification is permitted but not required. Nine milliliters of a 50% quaternary ammonium compound preparation may be added to each liter of the sulfuric acid regularly used.
2. The text, "Techniques of Dairy Plant Testing," by E. F. Goss, published by, and obtainable from, the Iowa State College Press, Ames, Iowa, must be used as the guide in making this test.
3. A record of each test or each group of tests must be dated and recorded by the licensed tester. Records must be kept on file for at least six months.
4. Preserved composite samples that show mold growth, evidence of churning or other signs of improper care during the sampling period must not be used for testing. In such cases the last test of the patron or the average of the last three tests, whichever is highest, shall be used as a basis for payment.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 9 - MILK › Section 5-431 - Weighing

Current through Register Vol. 48, No. 6, June 28, 2024
1. Scales must always be properly balanced, kept in good working condition, and easily readable. All measuring and weighing equipment used in the plant must comply with the requirements of the South Carolina Weights and Measures Law.
2. The weight of milk and/or cream must be recorded before emptying the weight tank.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 9 - MILK › Section 5-432 - Equipment and Supplies

Current through Register Vol. 48, No. 6, June 28, 2024
All glassware, equipment and supplies for Babcock testing must meet the U.S. Bureau of Standards specifications as outlined in the appendix of "Techniques of Dairy Plant Testing" by E. F. Goss.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 9 - MILK › Section 5-433 - Sampling Milk and Cream

Current through Register Vol. 48, No. 6, June 28, 2024
1. Milk and/or cream to be tested must be thoroughly mixed before sampling.
2. When daily tests of each delivery are made, the sample must contain not less than 60 milliliters of milk and/or cream. The remaining portion of the daily sample must be held at least 24 hours under refrigeration and in condition for retesting.
3. Unless daily tests are made, composite samples are required. Composite samples must consist of aliquot (proportional) parts of milk of several deliveries from the same patron, kept by the use of a preservative. In no case shall the aliquot be less than 10 milliliters from each delivery.
4. Preserved composite milk samples must be stored during sampling period in a cabinet or some other storage place that is refrigerated to maintain a temperature at 35 to 45 degrees Fahrenheit. It will be the responsibility of the licensed sampler to keep unauthorized persons from tampering with the samples.
5. Composite samples shall consist of and contain the milk from seven days production if the pay period is seven days, ten days production if the pay period is ten days, and fifteen days production if the pay period is semi-monthly. In the case of ten and fifteen day periods the last period of each month may be adjusted from eight to eleven days and 13 to 16 days respectively, depending on the number of days in the month. No exceptions shall be made except in the case of milk deemed unfit for sampling as in the case of churning, oiling-off, and freezing, or in the case of rejected milk. It is recommended but not required that samples for compositing from two days production consist of twenty milliliters minimum rather than ten milliliters. When samples for compositing are taken from two days production, each pay period regardless of length, may be one day more or one day less than stated above.
6. Composite samples to be tested for milk fat must be tested not later than the third day after the end of the sampling period. Composite samples must be held under refrigeration and in condition for retesting for a maximum of 10 days beyond the end of the sampling period to permit check testing by inspectors.
7. Composite samples, while being compiled, must be stored in the processing plant at all times.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 9 - MILK › Section 5-434 - Sample Containers

Current through Register Vol. 48, No. 6, June 28, 2024
1. Composite samples must be put in approved, airtight, round bottles which must be clean, dry, and free from cracks or chips. The sample bottles must have sloped shoulders with the neck not less than 1 3/4 inch in diameter and fitted with a tight rubber stopper permanently attached to the bottle.
2. Composite milk sample bottles must be not less than 8 ounces in capacity and must be etched for proper identification. Each composite sample bottle must be clearly identified as to a patron's name or number.
3. It is recommended that plastic sample bags be used for the sampling of bulk deliveries although composite bottles meeting the specifications and requirements under 1 and 2 of this section may be used. If bottles are used they must be fitted with Mojonnier rubber closure M427 rather than a regular stopper. Plastic bags and bottles must be iced from the time they are picked up until arriving at the processing plant. When bottles are used they should be carried in a suitable rack that will keep them upright in ice water and a drain should be provided in the truck's sample compartment to prevent the accumulation of ice water.
4. Only a licensed sampler or tester shall properly mix single bulk tank samples from producers before adding the required amount to the composite sample bottle in the processing plant.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 10 - PETROLEUM PRODUCTS › Section 5-445 - Standard Fuel Specifications

Current through Register Vol. 48, No. 6, June 28, 2024
1. Gasoline and Gasoline-Oxygenate Blends - (as defined in this regulation) shall meet the following requirements:
A. The most recent version of ASTM D 4814, "Standard Specification for Automotive Spark Ignition Engine Fuel," except that volatility standards for unleaded gasoline blended with ethanol shall not be more restrictive than those adopted under the rules, regulations, and Clean Air Act waivers of the U.S. Environmental Protection Agency (which includes rules promulgated by the State). Gasoline blended with ethanol shall be blended under any of the following three options:
i. The base gasoline used in such blends shall meet the requirements of ASTM D 4814; or
ii. The blend shall meet the requirements of ASTM D 4814; or
iii. The base gasoline used in such blends shall meet all the requirements of ASTM D 4814 except distillation, and the blend shall meet the distillation requirements of the ASTM specification.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 10 - PETROLEUM PRODUCTS › Section 5-446 - Classification and Method of Sale of Petroleum Products

Current through Register Vol. 48, No. 6, June 28, 2024
1. General Considerations.
A. Documentation - When gasoline, gasoline-oxygenate blends, reformulated gasoline, M85 and M100 fuel methanol, E85 and E100 fuel ethanol, liquefied petroleum (LP) gases, compressed natural gas, liquefied natural gas, biodiesel, diesel fuel, kerosene, aviation gasoline, aviation turbine fuels, or fuel oils are sold, an invoice, bill of lading, shipping paper or other documentation must accompany each delivery other than a retail sale. This document must identify the quantity, the name of the product, the particular grade of the product, the applicable automotive fuel rating, and oxygenate type and content (if applicable), the name and address of the seller and buyer, and the date and time of the sale. Documentation must be retained at the retail establishment for a period not less than 1 year.
B. Retail Dispenser Labeling - All retail dispensing devices must identify conspicuously the type of product, the particular grade of the product, and the applicable automotive fuel rating.
C. Grade Name - The sale of any product under any grade name that indicates to the purchaser that it is of a certain automotive fuel rating or ASTM grade shall not be permitted unless the automotive fuel rating or grade indicated in the grade name is consistent with the value and meets the requirements of Regulation Regulation 5-445, Standard Fuel Specifications.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 10 - PETROLEUM PRODUCTS › Section 5-447 - Retail Storage Tanks

Current through Register Vol. 48, No. 6, June 28, 2024
1. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels - Water shall not exceed 76 mm (3in) in depth when measured with water indicating paste in any tank utilized in the storage of biodiesel, diesel, gasoline, gasoline-ether blends, and kerosene sold at retail.
2. Product Storage Identification.
A. Fill Connection Labeling - The fill connection for any petroleum product storage tank or vessel supplying engine-fuel devices shall be permanently, plainly, and visibly marked as to the product contained.
B. Declaration of Meaning of Color Code - When the fill connection device is marked by means of a color code, the color code shall be conspicuously displayed at the place of business.
C. Volume of Product Information - Each retail location shall maintain on file a calibration chart or other means of determining the volume of each regulated product in each storage tank and the total capacity of such storage tank(s). This information shall be supplied immediately to the Director of Consumer Services.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 10 - PETROLEUM PRODUCTS › Section 5-448 - Condemned Product

Current through Register Vol. 48, No. 6, June 28, 2024
1. Stop-Sale Order at Retail - A stop-sale order may be issued to retail establishment dealers for fuels failing to meet specifications or when a condition exists that causes product degradation. A release from a stop-sale order will be awarded only after final disposition has been agreed upon by the Director. Confirmation of disposition shall be submitted in writing on form(s) provided by the Director and contain an explanation for the fuel's failure to meet specifications. Upon discovery of fuels failing to meet specifications, meter readings and physical inventory shall be taken and reported in confirmation for disposition. Specific variations or exemptions may be made for fuels designed for special equipment or services and for which it can be demonstrated that the distribution will be restricted to those uses.
2. Stop-Sale Order at Terminal or Bulk Plant Facility - A stop-sale order may be issued when products maintained at terminals or bulk plant facilities fail to meet specifications or when a condition exists that may cause product degradation. The terminal or bulk storage plant shall immediately notify all customers that received those product(s) and make any arrangements necessary to replace or adjust to specifications those product(s). A release from a stop-sale order will be awarded only after final disposition has been agreed upon by the Director. Confirmation of disposition of products shall be made available in writing to the Director. Specific variations or exemptions may be made for fuels used for blending purposes or designed for special equipment or services and for which it can be demonstrated that the distribution will be restricted to those uses.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 10 - PETROLEUM PRODUCTS › Section 5-449 - Product Registration & Test Methods

Current through Register Vol. 48, No. 6, June 28, 2024
1. Engine Fuels Designed for Special Use - All engine fuels designed for special use that do not meet ASTM specifications or standards addressed in Section 2 shall be registered with the Director on forms prescribed by the Director 30 days prior to when the registrant wishes to engage in sales. The registration form shall include all of the following information:
A. Identity - Business name and address(es).
B. Address - Mailing address if different than business address.
C. Business Type - Type of ownership of the distributor or retail dealer, such as an individual, partnership, association, trust, corporation, or any other legal entity or combination thereof.
D. Signature - An authorized signature, title, and date for each registration.
E. Product Description - Product brand name and product description.
F. Product Specification - A product specification sheet shall be attached.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-450 - Scope and Administration of Program

Current through Register Vol. 48, No. 6, June 28, 2024
1. Scope of Program. The Roadside Market Incentive Program is a voluntary participation program designed to improve Roadside Markets, to improve the quality of merchandise sold, to promote safety and eliminate traffic hazards around such markets, to encourage sanitation and cleanliness, to promote fair and honest marketing practices and to encourage trade with participating markets.
2. Administration of Program. The Roadside Market Incentive Program shall be supervised and administered by the Marketing Division of the South Carolina Department of Agriculture.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-451 - Roadside Market

Current through Register Vol. 48, No. 6, June 28, 2024
A Roadside Market within the meaning of these regulations shall include all stores or markets which primarily sell agricultural commodities to the public. A portion of the products offered for sale must include those grown or produced in South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-452 - Applications

Current through Register Vol. 48, No. 6, June 28, 2024
1. Application for Participation. The proprietor of any roadside market as herein defined, or a partner or officer where such market is owned by a partnership or corporation, may apply to the Commissioner of Agriculture for participation in this program, such application to be made on a form furnished by the Department of Agriculture, a copy of which is codified as 5-459.1. A separate application must be filed for each location. Chain participation without approval of each location shall not be permitted.
2. Approval of Application. No market shall be entitled to participate in this program until its application has been approved. The Commissioner of Agriculture shall approve or disapprove each application within a reasonable period after it is filed with the Department of Agriculture.
3. Denial of Applications. When an application for participation shall be denied, the applicant must be promptly notified in writing of the disapproval and the reasons therefor. Upon request, such application shall be afforded a review of the disapproval by a hearing conducted by the Commissioner within sixty (60) days of receipt of such a request.
4. Transfer of Approval. As provided by law, market approval and the sign indicating the same shall be transferrable between owners, provided the Department of Agriculture is given written notice of such change of ownership within ten (10) days and an application is signed by the new owner, said application requiring no further approval. In no event shall market approval or signs be transferrable from one location to another.
5. Revocation of Approval After Grant of Application. The approval of any participating market shall be subject to revocation at any time for violation of any provisions of the law of these regulations. Where any approval is revoked, the proprietor shall be afforded a hearing by the Commissioner upon a request in writing to the Department of Agriculture within sixty (60) days after notice of such revocation.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-453 - Signs

Current through Register Vol. 48, No. 6, June 28, 2024
1. Display of Sign. Upon approval as a participating market, the Department of Agriculture shall furnish each approved market a sign evidencing such approval. The sign shall at all times remain the property of the Department of Agriculture.
2. Misuse or Wrongful Display of Sign. The display of the sign herein described or any imitation thereof by a market which has not been approved or by a market, the approval of which has been revoked, or the failure to surrender such sign to the Department of Agriculture shall be punished in accordance with the Roadside Market Incentive Program Act.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-454 - Market Design

Current through Register Vol. 48, No. 6, June 28, 2024
No market shall be approved or retain approval unless the external and internal appearance of the market is at least equal to that of a produce stand as designed by the Cooperative Extension Service, State of South Carolina, as shown on Drawing No. EX 5983 which is codified as 5-459.1.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-455 - Location

Current through Register Vol. 48, No. 6, June 28, 2024
1. Driveway Permits. Newly established markets must have an approved commercial driveway permit from the State Highway Department for any site which an application is filed and a copy of such permit shall be submitted with the application for participation.
2. Visibility. No approval will be issued for newly established markets when visibility is obscured by a hill, curve or other obstruction creating a definite traffic hazard.
3. Adequate Parking Space. All markets must maintain adequate parking space for all vehicles to park clear of the highway and highway right-of-way. Where feasible, on heavily traveled highways, parking space should be made available on the opposite side of the highway to minimize hazards and delays caused by left turns.
4. Prohibited Activity on Highways and Highway Right-of-Way. No person connected with a market shall stand, walk or run upon the highway or adjacent shoulders, selling or displaying produce, quoting prices or committing any other act designed to distract attention of drivers from their driving. No such persons will conduct any business with the occupants of an illegally parked vehicle. No market will maintain signs on right-of-way of highways or any signs which are determined by the Highway Department to constitute traffic hazards.
5. Highway Department Approval. Before an application is approved for a newly established market, the site must be approved by the Office of the Highway District Engineer of the district in which such a market is located. It must comply with and remain in compliance with the Rules and Regulations for the control and protection of State Highway Rights-of-Way of the State Highway Department of South Carolina.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-456 - Sanitation and Cleanliness Standards

Current through Register Vol. 48, No. 6, June 28, 2024
All markets must strictly comply with the South Carolina Food Laws insofar as they are applicable, as well as with all other applicable laws, rules and regulations dealing with sanitation, cleanliness and marketing conditions.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-457 - Product Quality

Current through Register Vol. 48, No. 6, June 28, 2024
1. Sale of Culls. Unwholesome, spoiled or damaged food or produce which is unfit for human consumption shall not be offered for sale at any Roadside Market.
2. False Packs Prohibited. Produce or other agricultural products packaged with the topping or facing of containers exposing the best produce or produce with inferior produce or products concealed underneath shall constitute "False Packs" and as such shall not be offered for sale at any Roadside Market.
3. Applicability of Commodity Marketing Orders. No product covered by a Commodity Marketing Order, which fails to comply with the provisions of that order, shall be offered for sale at any Roadside Market.
4. Compliance with All Laws, Rules and Regulations. With respect to size, quality, packaging and labeling, all products sold at a Roadside Market must comply with all laws and rules and regulations applicable to that product.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-458 - Fair and Honest Marketing Practices

Current through Register Vol. 48, No. 6, June 28, 2024
1. Fraudulent or Dishonest Practices. When any operator or employee of any participating Roadside Market is found to have engaged in fraudulent or dishonest practices in a Roadside Market or to have permitted others to do so, in addition to other penalties provided by law, the approval of such market shall be revoked.
2. Alcoholic or Intoxicating Beverages or Narcotics. The consumption of alcoholic or intoxicating beverages or any narcotics and any person under the influence of the same shall not be permitted on the premises of any participating Roadside Market.
3. Profanity or Abusive Language. The use of profane or abusive language on the premises of any participating Roadside Market is prohibited.
4. Compliance with Weights and Measures Law and Other Applicable Laws. Products not complying with the requirements of the Weights and Measures Law of the State of South Carolina shall not be sold, exposed or offered for sale at any Roadside Market. All Roadside Markets participating in this program shall comply with every law of the State of South Carolina applicable to such market or the products sold therein.
5. Sale of Blow Outs Prohibited. "Blow Outs" or nuts rejected at cleaning and grading plants shall not be sold at any Roadside Market.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-459 - Effect of Violations of These Rules and Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The violation of any provisions of these Rules and Regulations shall constitute grounds for disapproval of any application for participation or for revocation of any approval previously granted.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 11 - THE ROADSIDE MARKET INCENTIVE PROGRAM › Section 5-459.1 - Agreement Between South Carolina Department of Agriculture Roadside Market Incentive Program and its Members

Current through Register Vol. 48, No. 6, June 28, 2024
The following AGREEMENT between the undersigned parties represents a clear understanding on the part of both parties toward the most successful and effective operation of the "Roadside Market Incentive Program" in South Carolina. The objects of the program as given in the Rules and Regulations are primarily to promote the sale of South Carolina farm products through reputable farm markets for increased confidence of the consuming public. Toward this end, the two parties agree as follows:
THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AGREES:
1. THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AGREES to furnish one sign--an official emblem designating that such person is a member of the "Roadside Market Incentive Program." This sign is furnished with the understanding that the member will maintain the qualifications prescribed by the South Carolina Department of Agriculture.
2. THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AGREES to help promote, publicize and advertise the emblem of the association for benefit of the members as the finances permit.
3. THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AGREES to arrange for the periodic inspection of the products offered on the market by a qualified inspector and to regularly inspect the cleanliness and neatness of the Market, appearance and attitude of employees, and any other specifications which the South Carolina Department of Agriculture may require.
THE MEMBER AGREES:
1. THE MEMBER AGREES to accept the sign and any other South Carolina Department of Agriculture identification with the understanding that it is owned by the South Carolina Department of Agriculture and may be withdrawn if the member does not maintain the standards for membership.
2. THE MEMBER AGREES not to alter, mutilate or destroy any of the signs or other identification of the South Carolina Department of Agriculture. The member agrees to display signs in a manner approved by the South Carolina Department of Agriculture and agrees to surrender the sign upon request by the Department of Agriculture.
3. THE MEMBER AGREES to cooperate with the inspector and with the South Carolina Department of Agriculture employees.
IT IS MUTUALLY AGREED by the South Carolina Department of Agriculture and by the member that this Agreement may be terminated for failure to comply with the Rules and Regulations covering the operation of the Roadside Market Incentive Program or any other state law applicable to this operation.
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South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-460 - Standard for Agricultural Seeds

Current through Register Vol. 48, No. 6, June 28, 2024
A. All agricultural seeds shall have a standard germination of 75% except:
(1) Crotalaria;
(2) Dallis grass;
(3) Centipede grass;
(4) Pensacola Bahia grass;
(5) Cottonseed;
(6) Peanuts.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-461 - Exception

Current through Register Vol. 48, No. 6, June 28, 2024
A. The germination standard for Crotalaria shall be 65%.
(1) Crotalaria showing less than 65% and above 39% in germination must be labeled "Below Standard in Germination."
(2) Crotalaria showing less than 40% germination cannot be sold in South Carolina.
(3) Hard seed of Crotalaria may be included in the percentage of these standards.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 12 - SEEDS › Section 5-462 - Noxious Weeds

Current through Register Vol. 48, No. 6, June 28, 2024
A. Noxious weeds shall be seeds or bulbs of the following:
Single
Common Name
Scientific Name
Limitations
Balloonvine
Cardiosperm Halicacabum L.
Prohibited
Bermuda Grass
Cynodon Dactylon
200 per lb.
Bindweed Field
Convolvulus Arvensis
Prohibited
Bindweed Hedge
Convolvulus Sepium
Prohibited
Blessed Thistle
Onicus Benedictus
27 per lb.
Blue Weed
Helianthus Cilaris
200 per lb.
Bracted Plantain
Plantago Aristat
200 per lb.
Buckhorn Plantain
Plantago Lanceolata
200 per lb.
Canada Thistle
Cirsium Arvense
100 per lb.
Cheats or Chess
Bromus, Secalinus, and/or Commutatus
200 per lb.
Cocklebur
Xanthium Spp
1 per lb.
Corn Cockle
Argrostemma Githago
200 per lb.
Darnel
Lolium Temulentum
200 per lb.
Docks
Rumex Spp
100 per lb.
Dodders
Cuscuta Spp
100 per lb.
Giant Foxtail
Setaria Faberi
Prohibited
Horsenettle
Solanum Carolinese
200 per lb.
Itchgrass
Rottboellia exaltata
Prohibited
Johnson Grass
Sorghum halepense
10 per lb.
Nightshade
Solanum Elaegnifolium
200 per lb.
Nut Grass
Cyperus Rotundus
Prohibited
Perennial Sweet - Type Sudangrass and Sorghum
10 per lb.
Plantain, bracted
Plantago aristata
200 per lb.
Plantain, buckhorn
Plantago lanceolata
200 per lb.
Purple Moonflower
Calonyction Muricatum
9 per lb.
Quack Grass
Agropyron Repens
100 per lb.
Red Rice
Oryza Sativa Var
200 per lb.
Russian Knapweed
Centaurea Picris
100 per lb.
Sandbur
Cenchrus Pauciflorus
1 per lb.
Serrated tussock
Nassella Trichotoma
Prohibited
Sheep Sorrel
Rumex Acetosella
100 per lb.
Sorghum Almum
Sorghum almum
10 per lb.
Sorgrass
Sorghum spp.
10 per lb.
Tropical Soda Apple
Salahum Viarum Duhal
Prohibited
Wild Mustard and/or Turnips
Brassica Spp
50 per lb.
Wild Oats
Avena Fatua
50 per lb.
Wild Onions
Allium Spp
18 per lb.
Wild Radish Raphanus
Raphanistrum
50 per lb.
Witchweed
Striga Asiatica
Prohibited
B. The single limitation listed above is the maximum number allowable for that weed with not over 200 total noxious weed seeds singly or collectively in any combination.
C. The rate of occurrence of all noxious weeds present shall be listed on the tag or label in name and number per pound of seed.