reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle II - DAILY SALES BARN › Section 27-1043 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
				Records--Records shall be maintained according to Section
				47-11-80
				of the 1976 Code of Laws of South Carolina and shall be further maintained as
				specifically required by the State Veterinarian.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle II - DAILY SALES BARN › Section 27-1044 - Daily Sales Barn Veterinarian

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Daily Sales Barn Veterinarian--The Daily
				Sales Barn Operator shall on a private treaty basis employ the services of a
				licensed, accredited veterinarian and such veterinarian shall be one who is
				approved by the State Veterinarian.
(B) Duties of the Daily Sales Barn
				Veterinarian--It shall be the duty of the Daily Sales Barn Veterinarian to
				visit the Daily Sales Barn at least once each week. He shall make an inspection
				of the facilities of the Daily Sales Barn to determine that all provisions of
				these regulations are being observed. He shall observe the livestock to
				determine the presence of sick animals, if any. If any sick animals are noted,
				he shall immediately quarantine the premises, allowing only healthy livestock
				to move to immediate slaughter under permit, and he shall notify the State
				Veterinarian of his action.
The Daily Sales Barn Veterinarian shall make a weekly report
				  on the forms provided by the State Veterinarian's Office making a list of any
				  discrepancies noted, and he shall leave the form on file with the Daily Sales
				  Barn Operator, and this form shall be handed over to the State Veterinarian or
				  his authorized agent upon their request.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle II - DAILY SALES BARN › Section 27-1045 - Specific Regulations Covering the Handling, Treating, Testing and Examination of Cattle

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
				Records--Complete records shall be maintained and made available to the State
				Veterinarian or his authorized agent upon request. Such record shall show the
				date of purchase, from whom purchased, and the date the cattle are sold and to
				whom sold and for what purpose sold.
(B) Cattle for Immediate Slaughter--Cattle
				purchased for re-sale for immediate slaughter shall be re-sold for immediate
				slaughter in not less than 10 days from the date of purchase.
(C) Cattle for Feeding Purposes--Cattle
				purchased for re-sale for feeding purposes shall be re-sold for feeding
				purposes in not less than 10 days from date of purchase.
(D) Cattle for Dairy or Breeding
				Purposes--Cattle purchased for dairy or breeding purposes shall be re-sold for
				dairy or breeding purposes in not less than 10 days from date of purchase,
				provided that such cattle shall have a blood sample taken from them by the
				Daily Sales Barn Veterinarian, such blood sample to be submitted to the
				Official Brucellosis State Laboratory, and such cattle to be negative to
				brucellosis according to the Official Brucellosis State Laboratory prior to
				being moved from the Daily Sales Barn. The following classes of cattle may be
				exempt from the brucellosis blood test:
(1)
				Cattle under 30 months of age that have been officially vaccinated against
				brucellosis and proof of vaccination is established by the Sales Barn
				Veterinarian;
(2) Cattle from
				certified herds when such certification is current and proof of certification
				is established by the Daily Sales Barn Veterinarian;
(3) Cattle that have been tested and found
				negative to brucellosis within not more than 30 days prior to the date they are
				re-sold by the Daily Sales Barn and such cattle are accompanied by an official
				brucellosis test chart properly executed.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle II - DAILY SALES BARN › Section 27-1046 - Specific Rules and Regulations Regarding the Sale of Swine

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Records--Complete records shall be
				maintained and made available to the State Veterinarian or his authorized agent
				upon request. Such records shall show the date of purchase, from whom
				purchased, and the date such swine are re-sold and to whom they are
				re-sold.
(B) Hogs Purchased for
				Immediate Slaughter--Hogs purchased for immediate slaughter shall be re-sold
				for immediate slaughter in not less than 10 days from date of
				purchase.
(C) Hogs Purchased for
				Re-Sale for Feeding or Breeding Purposes--Any hogs purchased for re-sale back
				to a farm or premises for feeding or breeding purposes or for any purpose other
				than immediate slaughter, shall be vaccinated against hog cholera by the Daily
				Sales Barn Veterinarian with anti-hog cholera serum and modified live vaccine,
				subject to the exceptions noted under the provisions of Subarticle I,
				27-1036(B) and (E), the dosage to be determined by agreement between the Daily
				Sales Barn Veterinarian and the State Veterinarian. Complete records shall be
				maintained on these hogs, as described in Subarticle II, 27-1046(A) and in
				addition, a record of vaccination giving the dosage or serum and vaccine, the
				date vaccinated, the identification of hog vaccinated, shall be on file with
				the bill of sale and shall be subject to examination by the State Veterinarian
				or his authorized agent upon request.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle II - DAILY SALES BARN › Section 27-1047 - Quarantine

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Reasons for
				Quarantine of Daily Sales Barn--If upon a visit by the Daily Sales Barn
				Veterinarian, the State Veterinarian or his authorized agent any livestock sick
				of or suspected of being sick of or exposed to any contagious or infectious
				disease are noted, the Daily Sales Barn shall be placed under quarantine until
				the cause of illness or suspected illness can be determined by the State
				Veterinarian. No further buying will be permitted until all healthy livestock
				have been moved to immediate slaughter under permit, all sick livestock have
				recovered or have been disposed of in a manner acceptable to the State
				Veterinarian and the entire Daily Sales Barn has been cleaned and disinfected
				in an approved manner and at least 24 hours have elapsed since the cleaning and
				disinfection.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle II - DAILY SALES BARN › Section 27-1048 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Penalties--Any person who shall knowingly violate any
				  provisions set forth in these regulations shall be subject to punishment in
				  accordance with Section
				  47-11-170
				  of the 1976 Code of Laws of South Carolina.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle III - DAILY BUYING STATION › Section 27-1050 - Definition of Terms to be Used in Subarticle III

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Daily Buying Station Defined--A Daily
				Buying Station shall be deemed to be a market operated by a person or persons,
				firm or corporation, that shall on a continuing daily basis or on several days
				of each week, purchase livestock from the general public, such livestock to be
				re-sold only for the purpose of immediate slaughter and such livestock to be
				re-sold within not less than 10 days from date of purchase by the Daily Buying
				Station.
(B) Definition of Terms
				Under Subarticle I, 27-1030. All terms defined under Subarticle I, 27-1030,
				shall be applicable to Subarticle III except those terms specifically defined
				and described under Subarticle I, Paragraph 1, as being applicable only to
				Subarticle I.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle III - DAILY BUYING STATION › Section 27-1051 - Permits

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Permit
				Described--On or after August 1, 1962, any person, persons, firm or corporation
				wishing to operate a Daily Buying Station shall make written application to the
				State Veterinarian on the forms furnished by the office of the State
				Veterinarian and shall show the full name and address of all persons having a
				financial interest in the Daily Buying Station, the name of the officer,
				manager and person in charge, the name under which the market will operate, the
				location and facilities for holding and segregating livestock, except that such
				markets as are operating presently as Daily Buying Stations and adhering to the
				requirements of these provisions need not apply for a new permit, provided the
				permit under which they are operating is current and valid, and they intend to
				continue as Daily Buying Stations, purchasing livestock only for immediate
				slaughter.
(B) Inspection, Grant
				and Revocation of Permit--Upon filing of the application on the forms provided,
				the Technical Livestock Committee shall make an official inspection of the
				premises of the applicant and if the owner of the proposed market can comply
				with the provisions of these regulations, the State Veterinarian shall issue
				the permit. This permit may be revoked by the Technical Livestock Committee for
				violation of the provisions of these regulations.
(C) Duration of Permits--All permits issued
				under the provisions of these regulations shall be effective until revoked for
				cause.
(D) Display of Permits--The
				permit shall be displayed in a suitable place for public inspection.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle III - DAILY BUYING STATION › Section 27-1052 - Facilities for Handling Livestock and for Cleaning and Disinfecting the Daily Buying Station

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
				Facilities--Proper facilities for handling livestock shall consist of suitable
				pens in sufficient numbers for holding each species of livestock apart and
				separate.
(B) Cleaning and
				Disinfection--The premises including yards, pens, alleys, and chutes shall be
				cleaned and disinfected as the State Veterinarian may prescribe.
(C) Drainage--All areas in the Daily Buying
				Station shall be properly drained.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle III - DAILY BUYING STATION › Section 27-1053 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
				Records--Records shall be maintained according to Section
				47-11-80
				of the 1976 South Carolina Code of Laws and shall be further maintained as
				specifically required by the State Veterinarian. The term "complete record" as
				stated in the law shall include the complete name and mailing address of buyers
				and sellers of all livestock.
(B)
				Identification of Swine Sold for Slaughter--Swine sold for slaughter shall be
				identified by a yellow paint mark at least 3 by 3 inches, and accompanied by an
				original slaughter certificate indicating the date, name of market, name and
				address of buyer, the number of swine, and the signature of the buyer or his
				agent. A copy of the slaughter certificate will be furnished to the State
				Veterinarian's office. The market shall be responsible for marking the swine
				and issuing the slaughter certificate.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle III - DAILY BUYING STATION › Section 27-1054 - Quarantine

Current through Register Vol. 48, No. 6, June 28, 2024
(A) For What
				Purpose Shall Quarantines Be Issued--When any livestock shall be noted that are
				sick of or are suspected of being sick of or are suspected of being exposed to
				an infectious or contagious disease.
(B) When Shall Quarantines Be Issued--When
				the State Veterinarian or his duly authorized agent shall visit the premises of
				the Daily Buying Station and shall note any livestock that are affected with an
				infectious or contagious disease or that are suspected of being infected with
				or exposed to an infectious or contagious disease, the State Veterinarian or
				his duly authorized agent shall quarantine the entire premises and livestock
				population of the Daily Buying Station until the cause of such illness or
				suspected illness can be determined by the State Veterinarian. No further
				buying will be permitted until all healthy livestock have been moved to
				immediate slaughter under permit, all sick livestock have recovered or been
				disposed of in a manner acceptable to the State Veterinarian and the entire
				Daily Buying Station shall be cleaned and disinfected in an approved manner and
				at least 24 hours have elapsed since the cleaning and disinfection. Upon the
				meeting of the foregoing requirements, normal buying operations may be
				resumed.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 16 - LIVESTOCK MARKETS › Subarticle III - DAILY BUYING STATION › Section 27-1055 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Any person who shall knowingly violate any provisions set
				  forth in these regulations shall be subject to punishment in accordance with
				  Section
				  47-11-170
				  of the 1976 Code of Laws.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1070 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Director means the Director of the Division of Regulatory and Public Service Programs, Clemson University.
B. Department is the Department of Pesticide Regulation, a department within the Division of Regulatory and Public Service Programs, Clemson University, and the successor to the Department of Fertilizer and Pesticide Control and the Plant Pest Regulatory Service.
C. Business means any person, as defined in the Pesticide Control Act, engaging in activities regulated by the Act for hire or remuneration of any kind, including trade or barter, on the property of another. Business activity includes performing structural pest control activities, as defined below.
D. Performing structural pest control activities includes, but is not limited to, the use of any pesticide in, on, under, or immediately adjacent to any structure with the intent to prevent, destroy, repel or otherwise mitigate any pest or engaging in any other activities intended or claimed to mitigate pests in structures including the installation of devices. Structural pest control activities also includes the soliciting, advertising, or making of sales proposals in any form for any services involving the use of pesticides in, on, under, or immediately adjacent to any structure with the intent to prevent, destroy, repel, or otherwise mitigate any pest. (Licensing is mandatory in this category as per Section 27-1085 L, below.)
(1) The use of EPA-registered disinfectants for ordinary or disaster-recovery cleaning purposes is not a structural pest control activity, provided that no claims are made for the control of pests in the structure.
(2) The application of EPA-registered cleaning agents to the interior of ductwork as part of an ordinary cleaning process is not a structural pest control activity, provided that no claims are made for the control of pests in the structure or in the ductwork.
(3) The installation of animal traps in structures for the control of nuisance vertebrate pests other than commensal rodents (e.g. rats and mice) is not a structural pest control activity.
(4) Making an inspection for or issuing the Official South Carolina Wood Infestation Report, which must be issued by a licensed applicator as detailed below, is a structural pest control activity.
(5) Making pesticide treatment recommendations is a structural pest control activity.
(6) The inspection of a structure for the purposes of rendering an opinion as a consultant or expert regarding structural damage due to insects or other organisms, the adequacy of previous treatment or inspection, or similar issues regulated under these Regulations is not a structural pest control activity.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1071 - Registration of Pesticides

Current through Register Vol. 48, No. 6, June 28, 2024
A. All pesticide products must be registered with the Department for the period in which the products are offered for sale or distribution within the State.
(1) Registrations must be maintained for a period of two (2) years after the last shipment of product into the State in order to support materials remaining in the channels of trade after registration ceases. This requirement includes products distributed in bulk but does not include technical-grade pesticide material used for formulation into other pesticide products or pesticides distributed under an experimental use permit.
(2) Unregistered products must be removed from the retailer's shelves. The Director may, however, allow a reasonable period of time for the retailer to dispose of existing stocks of pesticides after the manufacturer or distributor has ceased to register the product with the State. The method of disposal shall be determined by the Director after appropriate consultations with the affected parties or their representatives.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1072 - Special Permits

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Special permits may be granted by the Director for the use of certain
			 pesticides within the State under specific circumstances. These permits will be
			 in the form of either a South Carolina registration to meet certain special
			 local needs or a South Carolina experimental use permit to allow the gathering
			 of data needed to obtain a State registration for a special local
			 need.
B. State registrations for
			 special needs are authorized under Section
			 24(c) of Public Law
			 92-516, and State experimental use permits are authorized under Section
			 5(f) of Public Law 92-516.
			 The Director shall adhere to the requirements established by pertinent Federal
			 regulations relative to these two sections when issuing such State
			 registrations or State experimental use permits.
C. Basic criteria for initial consideration
			 of products for State registrations and State experimental use permits will be
			 the following:
(1) That there is a special
			 local problem within the State which has created the requirement for the new
			 product or for the amended labeling of a registered product and;
(2) That the essential purpose of the request
			 appears to the Director to be to fulfill the special local need rather than
			 circumvent the normal process of obtaining a Federal registration or a Federal
			 experimental use permit.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1073 - Coloration and Discoloration

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 The Director shall use the Munsell Book of Color as a color standard as
			 described in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (
			 7
			 U.S.C. 136, et seq.).
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1074 - Pesticide Samples

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Authorized agents of the Division of Regulatory and Public Service Programs are
			 authorized to collect official samples of pesticide products manufactured,
			 distributed, sold, or held for sale within the State.
B. Authorized agents of the Division of
			 Regulatory and Public Service Programs are authorized to collect official
			 samples of pesticides and pesticide residues from known or suspected
			 application sites, adjacent areas, application equipment, containers, service
			 containers, or other locations reasonably expected to contain such pesticides,
			 pesticide use dilutions, or pesticide residues within the State.
C. The samples will be collected and
			 transported by a standard procedure outlined by the Director, in order to
			 promote uniformity of the samples.
D. Samples taken will be analyzed for
			 deficiencies and adulteration, or for other purposes as deemed appropriate by
			 the Director.
E. The results of the
			 analysis of samples obtained under the above provisions may be used as the
			 basis for regulatory action initiated under the provisions of the South
			 Carolina Pesticide Control Act.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1075 - Restricted Use Pesticide Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
A. The State may adopt the same list of
			 restricted use pesticides and use patterns established by the U. S.
			 Environmental Protection Agency.
B.
			 The pesticides and use patterns restricted in the State are those so classified
			 by the U. S. Environmental Protection Agency or so established at the
			 discretion of the Director after appropriate consultations with the affected
			 parties or their representatives.
C. Micro-encapsulated agricultural
			 insecticides are especially toxic to honeybees and other pollinators. For the
			 purposes of this section, a micro-encapsulated insecticide is any insecticide
			 labeled or formulated for agricultural use, the active ingredient of which is
			 micro-encapsulated in whole or in part. Such insecticides must be classified as
			 Restricted Use and are subject to the following conditions:
(1) Micro-encapsulated insecticides
			 formulated or labeled for agricultural use may be sold, offered for sale,
			 distributed, or transferred only by licensed pesticide dealers.
(2) Micro-encapsulated insecticides
			 formulated or labeled for agricultural use may be sold, distributed, or offered
			 for sale only to persons who possess a current certified applicator's license
			 and a permit to possess and apply such insecticide.
(3) Except as otherwise provided by law, no
			 person shall possess or apply micro-encapsulated insecticides formulated or
			 labeled for agricultural use to their own lands unless they possess a current
			 private applicator's license and a valid permit to possess and apply such
			 insecticides.
(4) Except as
			 otherwise provided by law, no person shall apply micro-encapsulated
			 insecticides formulated or labeled for agricultural use to the lands of another
			 unless they possess a commercial applicator's license and a valid permit to
			 possess and apply such insecticides.
(5) Any person desiring a permit to possess
			 and apply micro-encapsulated insecticides formulated or labeled for
			 agricultural use must submit on forms approved by the Department a request for
			 such a permit. Such permit will incorporate the terms and conditions of
			 issuance. Failure to comply with such terms and conditions will result in
			 appropriate enforcement action.
(6)
			 A person holding a valid Pesticide Dealer License is authorized by the terms of
			 his license to possess micro-encapsulated insecticides formulated or labeled
			 for agricultural use.
(7)
			 Violations of this section shall be punished in accordance with Section
			 46-9-90,
			 S. C. Code of Laws (1976) as amended.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1076 - Licensing of Pesticide Dealers and Dealer Records Maintenance

Current through Register Vol. 48, No. 6, June 28, 2024
A. No person
			 younger than eighteen (18) years-old will be licensed as a pesticide
			 dealer.
B. Pesticide dealers must
			 pass a written examination, unless already certified as commercial
			 applicators.
C. Pesticide dealers
			 must complete an application form published by the Department.
D. The prescribed fee must accompany the
			 application.
E. The dealer's
			 license cannot be substituted for any part of an applicator's license, nor does
			 the obtainment of a dealer's license reduce an applicant's obligation to pass
			 examinations or pay the full fees for an applicator's license.
F. Pesticide dealer's licenses shall expire
			 on December 31 st. Licenses may be renewed annually prior to January 1 st by
			 application to the Director and payment of the annual fee. A 25% penalty will
			 be charged for renewal applications filed on or after January 1 st. Licenses
			 that are not renewed by April 1 st of the calendar year following their
			 expiration, may not be renewed without the applicant's passing another
			 examination and re-applying for the license.
G. There must be a separate individual
			 licensed as a dealer for each store, sales location, or branch sales yard,
			 including multiple sales locations owned by the same person, which sell
			 restricted use pesticides.
H.
			 Pesticide dealers must maintain records of all sales or other distributions of
			 Restricted Use Pesticide for a period of two (2) years after the date of such
			 sale or distribution. Records must include at a minimum the name and pesticide
			 applicator's license number of the individual to whom the sale or distribution
			 was made. These records must be presented to the Director or his agents for
			 review and duplication upon request at the expense of the Department.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1077 - Certification and Licensing of Private Applicators

Current through Register Vol. 48, No. 6, June 28, 2024
A. No person younger than eighteen (18)
			 years-old will be licensed as a private applicator. In hardship cases, however,
			 persons under the age of eighteen (18) may be licensed at the discretion of the
			 Director after appropriate consultations with the affected parties or their
			 representatives.
B. Private
			 applicators are not required to demonstrate financial responsibility.
C. Persons holding a private applicators
			 license may use or directly supervise the use of a pesticide which is
			 classified for restricted use, but only for the production of an agricultural
			 commodity on property owned or rented by them or their employer. Private
			 applicators may apply pesticides on the property of another person only if the
			 application is performed without compensation, or if the only compensation
			 provided is the trading of personal services between producers of agricultural
			 commodities.
D. Private applicators
			 must accomplish all of the following prior to being certified and licensed:
(1) Complete an application form published by
			 the Department.
(2) Complete a
			 prescribed training program and pass an exam dealing with pesticides.
(3) Pay the pro-rated portion of the
			 prescribed normal fee for the remainder of the licensing period in which the
			 license is issued.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1078 - Certification and Licensing of Commercial Applicators

Current through Register Vol. 48, No. 6, June 28, 2024
A. No person younger than eighteen (18) years-old will be licensed as a commercial applicator.
B. Commercial applicators must demonstrate to the Director the financial responsibility required by law, before the Director may issue a license.
C. Continuous financial responsibility is an on-going responsibility of the commercial applicator, and no commercial applicator may receive, purchase, apply, use, supervise, or conduct other application-related activities without the required financial responsibility in place.
(1) Category 3, 5, and 8 applicators must maintain financial responsibility in the amount of $50,000 with an annual aggregate claims limit of not less than $100,000.00 before performing any pest control activities, including advertising, as specified in Section 27-1085 L, below.
(2) Category 7 applicators must maintain comprehensive general liability financial responsibility of not less than $100,000.00 combined single limit liability coverage, which must include both bodily injury and property damage coverage.
(3) Failure to maintain the requisite financial responsibility in any category shall cause the immediate and automatic suspension of the commercial applicator's license until such time as current financial responsibility is satisfactorily demonstrated to the Director. If the applicator fails to re-instate their financial responsibility within three months, or if their license expires sooner, the license is automatically revoked and must not be restored until the applicator has again completed the certification process, including the exams.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1079 - Certification and Licensing of Noncommercial Applicators

Current through Register Vol. 48, No. 6, June 28, 2024
A. No person younger than eighteen (18)
			 years-old will be licensed as a noncommercial applicator.
B. Noncommercial applicators are not required
			 to demonstrate the same financial responsibility required of commercial
			 applicators.
C. Persons holding a
			 noncommercial applicator's license may use restricted use pesticides, but only
			 for work in the specific categories, as outlined for commercial applicators, in
			 which the applicator has demonstrated competence. These licenses are issued to
			 permit qualified governmental employees to perform their official duties on the
			 job.
(1) Noncommercial applicators must
			 submit an application form published by the Department and must pass the same
			 set of examinations required of the commercial applicators.
(2) Noncommercial applicators are exempt from
			 the fee requirements imposed on commercial applicators.
(3) Noncommercial applicators' licenses shall
			 expire on December 31 st of each year.
(4) Noncommercial applicators' licenses are
			 renewable annually by re-application to the Director prior to January 1 st.
			 Reexamination is not required for licenses renewed before April 1 st as long as
			 the recertification requirements of Paragraph 6, below, are complied
			 with.
(5) Noncommercial applicators
			 holding valid licenses who desire to have a private applicator's license may
			 submit the proper application form and the prescribed fee to the Director. A
			 private applicator license will be issued with no additional training
			 required.
(6) Recertification
			 periods for noncommercial applicators are five year periods, beginning January
			 1 st of 1994 and ending on December 31 st of 1998, 2003, 2008, and every five
			 (5) years thereafter. During each recertification period after the one in which
			 the license is issued each Noncommercial Applicator must successfully complete
			 ten (10) Continuing Certification Hours of training. Alternatively the
			 applicator may complete the initial licensing requirements and re-apply to the
			 Director for a license. All Continuing Certification Hours must be approved in
			 advance by the Department.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1080 - Exemptions from the Requirement of a License and of Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Doctors of
			 veterinary medicine applying pesticides to animals during the normal course of
			 their practice are exempt from the requirements of certification and licensing
			 provided that they are not regularly engaged in the business of applying
			 pesticides for hire as their principal or regular occupation.
B. Medical personnel (both private and
			 government) applying pesticides to man during the normal course of medical
			 practice are exempt from the requirements of certification and
			 licensing.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1081 - Safe Handling, Storage, Display and Distribution of Pesticides

Current through Register Vol. 48, No. 6, June 28, 2024
A. The distribution
			 of pesticides which have been classified for restricted use must be made only
			 to the following:
(1) Licensed pesticide
			 dealers;
(2) Licensed certified
			 applicators; and
(3) Persons exempt
			 from the requirements of licensing and certification.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1082 - Disposal of Pesticides and Pesticide Containers

Current through Register Vol. 48, No. 6, June 28, 2024
Unwanted pesticides and pesticide containers must be disposed
				of in accordance with the regulations promulgated by the South Carolina
				Department of Health and Environmental Control.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1083 - Pesticide Application Assurance, Vehicle Identification, Applicator Records Maintenance, and Direct Supervision

Current through Register Vol. 48, No. 6, June 28, 2024
A. At each customer's request, all licensed commercial and non-commercial pesticide applicators are hereby required to provide the following information:
(1) Structural and general household pest control operations:
(a) Provide all customers at their request with a completed, fully legible, statement with respect to any application of pesticides on property under their ownership or control.
(b) The statement must contain at a minimum the following information:
(1) The name of the company or firm and their address.
(2) The pest or pests to be controlled.
(3) The common chemical name of the active ingredient(s) (not the brand name) of the pesticide applied.
(4) The name of responsible licensed applicator.
(c) If pest-control services are being provided under a continuing contract (i.e. monthly, quarterly, or otherwise other than a one-time treatment) for general household insect control other than wood-destroying insects or rats and mice, then more general terms may be used relative to the name of the pest and several alternate chemicals may be listed. In this event all of the above requirements for record maintenance and disclosure must also be complied with.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1084 - Denial, Suspension or Revocation of a License or Certification; Assessment of Criminal Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Each of the following acts shall be considered a violation of the South
			 Carolina Pesticide Control Act, in addition to those mentioned in the Act, and
			 shall constitute grounds for denial, suspension or revocation of a license or
			 certification:
(1) Use of a pesticide in a
			 manner inconsistent with the labeling accepted by the U.S. Environmental
			 Protection Agency or the South Carolina registration for that pesticide. The
			 term "use" shall include distribution, application, mixing, loading, storage
			 and disposal.
(2) Making false,
			 fraudulent or inadequate records, invoices or reports, or failing to keep the
			 records required by the Act.
(3)
			 Committing an act resulting in assessment of a civil or criminal penalty under
			 7 U.S.C. Section 136-1, as amended.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1085 - Standards for Prevention or Control of Wood-destroying Organisms

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every person performing either preventive measures against or control measures for termites and other wood-destroying organisms (both insects and fungi) on the property of another must follow at a minimum the methods and procedures specified in the following codified paragraphs of this regulation.
B. Control measures used must be appropriate for the type of termite or other wood-destroying organisms present.
(1) For other than subterranean termite treatments, if no wood-destroying organism is actually present then this fact and the preventative nature of the proposed treatment must be disclosed to the consumer in writing before the work begins.
(2) Treatment and inspection must be performed in accordance with these regulations and with the terms of the written agreement or contract for as long as the contract is valid.
(3) Copies of the warranty, treatment records, waivers issued, and inspection records must be maintained by the firm for a period of five (5) years or for the duration of the warranty, whichever is longer, and must be presented to the Director or his authorized representatives for review and duplication upon their request at the expense of the Department.
(4) The presence of Formosan subterranean termites (Coptotermes formosanus Shiraki) must be disclosed when an active infestation has been found in a structure. The documentation provided with any subterranean termite control contract or warranty must specify whether coverage for Formosan subterranean termites is included and the nature of that coverage (i.e. whether coverage is for retreatment only or includes the repair of damages due to the Formosan subterranean termite infestation).
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1090 - Definitions [applicable to Backflow Prevention Act, Chemigation Act]

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Anti-Siphon
			 Device" means any equipment designed to prevent backflow of chemicals into any
			 water supply.
B. "Check Valve"
			 means a device effectively designed and constructed to provide an absolute
			 closure which prohibits, when operation of the irrigation system pump ceases,
			 the flow of material past the closure point of the valve in the opposite
			 direction of the pumping of water.
C. "Chemical" means any pesticide or
			 fertilizer or any other substance defined as a chemical under Chapter 13 and
			 under Chapter 25 of Title 46 of the 1976 S. C. Code or under appropriate
			 federal statutes, or any other chemical applied to agricultural crops, nursery,
			 turf, golf course, greenhouse sites, or land through irrigation
			 equipment.
D. "Chemigation" means
			 any process whereby chemicals are applied to land and or agricultural
			 commodities including, but not limited to: agricultural crops, nursery, turf,
			 golf course or greenhouse sites, through an irrigation system. Irrigation
			 systems connected to public water supplies are regulated under the South
			 Carolina Department of Health and Environmental Control's State Safe Drinking
			 Water Act and State Primary Drinking Water Regulations and must meet the
			 requirements in these statutes in lieu of the Chemigation law or regulations.
			 Exceptions or alternative chemigation safety equipment approved in writing by
			 the Environmental Protection Agency or the Director are the only substitutions
			 allowed.
E. "Chemigator" means any
			 person owning and/or operating a chemigation system.
F. "Director" means the Director of
			 Regulatory and Public Service Programs, Division of Agriculture and Natural
			 Resources, Clemson University.
G.
			 "Low Pressure Drain" means a self-activated device designed and constructed to
			 automatically drain that portion of the irrigation pipe when the water pressure
			 drops due to check valve malfunction. This prevents contamination of the water
			 source.
H. "Injection Pump" means
			 the equipment used to pump chemicals into the irrigation line.
I. "Interlock" means a mechanical or
			 electrical connection between the injection pump and the irrigation pump such
			 that, if the irrigation pump should cease to function, the injection pump also
			 ceases to function.
J. "Irrigation
			 System" means any device or combination of devices that convey water from any
			 source of ground or surface water through hoses, pipes, or other such methods
			 to agricultural crops, nursery, turf, golf course, greenhouse sites, or
			 land.
K. "Vacuum Breaker" means a
			 device designed and constructed to automatically relieve the vacuum in an
			 irrigation pipeline.
Statutory Authority: 1976 Code Section
				  46-1-140
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 17 - SOUTH CAROLINA PESTICIDE CONTROL › Section 27-1091 - Enforcement [of Backflow Prevention Act, Chemigation Act]

Current through Register Vol. 48, No. 6, June 28, 2024
A. Regulatory and Public Service Programs,
			 Division of Agriculture and Natural Resources, Clemson University, hereafter
			 referred to as Regulatory Programs, has responsibility for enforcement of the
			 provisions of the act and the regulations promulgated herein. The Director
			 hereby designates the Department of Fertilizer and Pesticide Control for
			 implementation of the act and these ensuing regulations.
B. The Director, after an opportunity for a
			 hearing, may assess a civil penalty of not more than $500 for each offense, per
			 day of noncompliance against anyone violating this statute or these regulation
			 as provided by Section
			 46-1-140
			 of the Code of Laws of South Carolina, 1976. Any person aggrieved by such
			 action may obtain review thereof under the Administrative Procedures
			 Act.
C. For the purpose of carrying
			 out the provisions of this act and these regulations, the Regulatory Programs's
			 agents may enter upon any site, public or private, where chemigation equipment
			 is utilized at reasonable time, by consent or warrant, in order to inspect the
			 chemigation equipment, sample water reported to be exposed to chemicals, and
			 sample chemicals being applied by chemigation.
D. The Regulatory Program's agents may, if
			 denied access to any land or premise, obtain a warrant from an appropriate
			 court to inspect the chemigation equipment.
Statutory Authority: 1976 Code Section
				  46-1-140
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 18 - BOLL WEEVIL QUARANTINE › Section 27-1095 - Delegation of Authority

Current through Register Vol. 48, No. 6, June 28, 2024
The State Crop Pest Commission hereby authorizes and delegates
				to the Director (hereafter, Director), Regulatory and Public Service Programs,
				Division of Public Service and Agriculture, Clemson University, the
				responsibility for the administration and enforcement of the rules, regulations
				and quarantine contained hereunder and any other rules, regulations or
				quarantines which may be promulgated under any provision of law assigned to the
				jurisdiction of the Commission. The Director's address is 511 Westinghouse
				Road, Pendleton, S. C. 29670.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 18 - BOLL WEEVIL QUARANTINE › Section 27-1096 - Reporting and Location of Cotton Acreage

Current through Register Vol. 48, No. 6, June 28, 2024
A. All cotton producers in the State shall
			 submit a preliminary Cotton Acreage Reporting Form (PCARF), as approved by the
			 Commission, by May 1 (except when May 1 falls on a state or federal holiday or
			 on a weekend, in which case the PCARF is due no later than the close of
			 business on the next federal work day) of the current growing season to the
			 county Farm Services Agency office which services the county in which the
			 cotton is planted or to be planted. This report must be filed for each growing
			 season and must list all the cotton acreage which the producer intends to plant
			 in the county. Each grower who fails to file a timely PCARF may be assessed a
			 penalty not to exceed three dollars ($3.00) per acre. The Director may, in his
			 sole discretion, waive this penalty upon timely presentation of adequate
			 written justification by the producer.
Cotton farmers shall file a final Cotton Acreage Reporting Form
				(FCARF), as approved by the Commission, on or before July 15 in the same county
				FSA office, which lists all the cotton acreage actually planted by the producer
				in the county. Should the final CARF acreage exceed the preliminary CARF
				acreage by 10 percent or more, the Commission will impose a penalty of two
				dollars ($2.00) per acre for each acre (or portion thereof) which exceeds the
				10 percent tolerance. The Director may, in his sole discretion, waive this
				penalty upon timely presentation of adequate written justification by the
				producer.
B. Willful
			 failure to list any final cotton acreage is a violation of this regulation and
			 the producer shall, upon conviction, be punished in accordance with Section
			 46-9-90(A).
			 Additionally any cotton acreage found unreported after July 15 of the growing
			 season will be assessed at the maximum rate allowed by law and assessed the
			 maximum penalty allowed for failure to make timely payment.
C. Non-commercial or ornamental cotton shall
			 not be planted without the prior written approval of the Director. A request
			 for approval will include a brief description of the acreage and the purpose
			 for such planting. The Director will base his decision on:
1. Location of growing area;
2. Size of intended planting area;
3. Pest conditions in the growing
			 area;
4. Any stipulations or
			 requirements as may be set forth in a compliance agreement between the
			 noncommercial grower and the Director, which the Director determines are
			 necessary for the effectuation of the program.