reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-339 - Expressing Number of Units

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If the quantity of cosmetic in the package equals or exceeds the smallest unit of weight or measure which is specified in 5-337, and which is applicable to such cosmetic under the provisions of paragraph (b) of 5-336, the statement shall express the number of the largest of such units contained in the package (for example, the statement on the label of a package which contains one pint of cosmetic shall be "1 pint" not "16 fluid ounces"), unless the statement is made in accordance with the provisions of paragraph (b) of this Regulation. Where such number is a whole number and a fraction, there may be substituted for the fraction its equivalent in smaller units if any smaller is specified in 5-337 (for examples, 1 3/4 quarts may be expressed as "1 quart 1 1/2 pints" or "1 quart 1 pint 8 fluid ounces"; 1 1/4 pounds may be expressed as "1 pound 4 ounces"). The stated number of any unit which is smaller than the largest unit (specified in 5-337) contained in the package shall not equal or exceed the number of such smaller units in the next larger unit so specified (for examples, instead of "1 quart 16 fluid ounces" the statement shall be "1 1/2 quarts" or "1 quart 1 pint"; instead of "24 ounces" the statement shall be "1 1/2 pounds" or "1 pound 8 ounces").
(b) In the case of a cosmetic with respect to which there exists an established custom of stating the quantity of the contents as a fraction of a unit, which unit is larger than the quantity contained in the package, or as units smaller than the largest unit contained therein, the statement may be made in accordance with such custom if it is informative to consumers.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-340 - Statement to Show Minimum Quantity or Average Quantity

Current through Register Vol. 48, No. 6, June 28, 2024
The statement shall express the minimum quantity, or the average quantity, of the contents of the package. If the statement is not so qualified as to show definitely that the quantity expressed is the minimum quantity, the statement shall be considered to express the average quantity.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-341 - Variations if Minimum Quantity Shown

Current through Register Vol. 48, No. 6, June 28, 2024
Where the statement expresses the minimum quantity, no variation below the stated minimum shall be permitted except variations below the stated weight or measure caused by ordinary and customary exposure, after the cosmetic is introduced into commerce, to conditions which normally occur in good distribution practice and which unavoidably result in decreased weight or measure. Variations above the stated minimum shall not be unreasonably large.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-342 - Variations Where Minimum Quantity Not Expressed

Current through Register Vol. 48, No. 6, June 28, 2024
Where the statement does not express the minimum quantity:
(a) Variations from the stated weight or measure shall be permitted when caused by ordinary and customary exposure, after the cosmetic is introduced into commerce, to conditions which normally occur in good distribution practice and which unavoidably result in change of weight or measure.
(b) Variations from the stated weight, measure or numerical count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting individual packages which occur in good packing practice. But under this paragraph variations shall not be permitted to such extent that the average of the quantities in the packages comprising a shipment or other delivery of the cosmetic is below the quantity stated, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment or delivery compensate for such shortage.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-343 - Extent of Variations Allowed

Current through Register Vol. 48, No. 6, June 28, 2024
The extent of variations from the stated quantity of the contents permissible under Rule 6.12 and 6.13 in the case of each shipment or other delivery shall be determined by the facts in such case.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-344 - Exemptions from Quantity Statements

Current through Register Vol. 48, No. 6, June 28, 2024
A cosmetic shall be exempt from compliance with the requirements of clause (2) of Section 39-25-150(b) if the quantity of the contents of the package, as expressed in terms applicable to such cosmetic under the provisions of paragraph (b) of 5-336, is less than one-fourth ounce avoirdupois, or less than one-eighth fluid ounce, or (in case the units of the cosmetic can be easily counted without opening the package) less than six units.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-345 - Cosmetic; Labeling Requirements, Form of Stating

Current through Register Vol. 48, No. 6, June 28, 2024
A word, statement, or other information required by or under authority of the Act to appear on the label may lack that prominence and conspicuousness required by Section 39-25-150(c) by reason (among other reasons) of:
(a) The failure of such word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase;
(b) The failure of such word, statement, or information to appear on two or more parts or panels of the label, each of which has sufficient space therefor, and each of which is so designed as to render it likely to be, under customary conditions of purchase, the part or panel displayed;
(c) The failure of the label to extend over the area of the container or package available for such extension, so as to provide sufficient label space for the prominent placing of such word, statement, or information;
(d) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space for any word, statement, design, or device which is not required by or under authority of the Act to appear on the label;
(e) Insufficiency of label space (for the prominent placing of such word, statement, or information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement, or information, or to any design or device;
(f) Smallness or style of type in which such word, statement, or information appears, insufficient background contrast, obscuring designs, or vignettes, or crowding with other written, printed, or graphic matter.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-346 - Label to Appear in English

Current through Register Vol. 48, No. 6, June 28, 2024
All words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the English language.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-347 - Cosmetic; Labeling Requirements; Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
Except as provided by 5-348 and 5-349, a shipment or other delivery of a cosmetic which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantity at an establishment other than that where originally processed or packed, shall be exempt, during the time of introduction into and movement in commerce and the time of holding in such establishment, from compliance with the labeling requirements of Sections 39-25-140(a) and 39-25-150(b)  if:
(a) The person who introduced such shipment or delivery into commerce is the operator of the establishment where such cosmetic is to be processed, labeled or repacked; or
(b) In case such person is not such operator, such shipment or delivery is made to such establishment under a written agreement, signed by and containing the Post Office addresses of such person and such operator, and containing such specifications for the processing, labeling, or repacking, as the case may be, of such cosmetic in such establishment as will insure, if such specifications are followed, that such cosmetic will not be adulterated or misbranded within the meaning of the Act upon completion of such processing, labeling, or repacking. Such person and such operator shall each keep a copy of such agreement until two years after the final shipment or delivery of such cosmetic from such establishment, and shall make such copies available for inspection at any reasonable hour to any officer or employee of the Department who requests them.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-348 - Exemption Voided if Shipment Misbranded

Current through Register Vol. 48, No. 6, June 28, 2024
An exemption of a shipment or other delivery of a cosmetic under paragraph (a) of 5-347 shall, at the beginning of the act of removing such shipment or delivery, or any part thereof, from such establishment, become void ab initio if the cosmetic comprising such shipment, delivery, or part is adulterated or misbranded within the meaning of the Act when so removed.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-349 - Exemption Voided by Refusal of Inspection of Agreement

Current through Register Vol. 48, No. 6, June 28, 2024
An exemption of a shipment or other delivery of a cosmetic under paragraph (b) of 5-347 shall become void ab initio with respect to the person who introduced such shipment or delivery into interstate commerce upon refusal by such person to make available for inspection a copy of the agreement, as required by such clause.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-350 - Expiration of Exemption

Current through Register Vol. 48, No. 6, June 28, 2024
An exemption of a shipment or other delivery of a cosmetic under paragraph (b) of 5-347 shall expire:
(a) At the beginning of the act of removing such shipment or delivery or any part thereof, from such establishment if the cosmetic comprising such shipment, delivery, or part is adulterated or misbranded within the meaning of the Act when so removed; or
(b) Upon refusal by the operator of the establishment where such cosmetic is to be processed, labeled, or repacked, to make available for inspection a copy of the agreement, as required by such clause.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 5 - COSMETICS › Section 5-351 - Test Cosmetics Exempt

Current through Register Vol. 48, No. 6, June 28, 2024
Cosmetics intended for testing and/or evaluation purposes, and are not offered for sale to the consuming public, are exempt from the labeling requirements of the Article.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-361 - Permits

Current through Register Vol. 48, No. 6, June 28, 2024
(1) No person shall act as a salvager in South Carolina unless he has a permit as provided in these Regulations issued by the Commissioner.
(2) There shall be five permit classifications for salvagers. These shall be designated as follows:
(a) General Salvager--The General Salvager is required to have proper facilities for cleaning and sanitizing food and cosmetic containers that are salvageable.
(b) Railroad Salvager Only--The Railroad Salvager may segregate and clean soiled containers resulting from unit breakage or damage, which may be done with a cloth dampened with potable water.
(c) Out-of-State Salvager--The Out-of-State Salvager may do general salvaging provided adequate facilities are made available and the salvage work is done under the supervision of the Department.
(d) Salvage Distributor--The Salvage Distributor may only distribute and sell salvaged food and cosmetics after they have been reconditioned. In addition, the Salvage Distributor may do a minimal amount of segregating and cleaning soiled containers resulting from unit breakage or damage, which may be done with a cloth dampened with potable water.
(e) Salvage Auction Firm--The Salvage Auction Firm must have a business location and address from which business is conducted. An auction firm may not recondition or reprocess foods or cosmetics unless it also holds a General Salvager Permit.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-362 - Notification

Current through Register Vol. 48, No. 6, June 28, 2024
A permit holder shall immediately notify the Department of any purchase of salvageable or distressed foods or cosmetics. Such notification shall be made prior to the beginning of any salvage operations. Telephone numbers will be furnished to all salvagers upon request.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-363 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
A record or receipt of damaged merchandise, merchandise found to be unfit, and salvaged merchandise shall be kept by salvagers and shall be kept open for inspection by the Commissioner. These records shall be kept on the premises of the salvager for a period of not less than one year following the completion of transactions involving a lot of merchandise.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-364 - Movement of Seized Foods and Cosmetics

Current through Register Vol. 48, No. 6, June 28, 2024
(1) It shall be unlawful for foods or cosmetics held under seizure or embargo by the Commissioner to be moved to a different location without prior permission by the Commissioner.
(2) All movements of seized or embargoed foods or cosmetics are to be made only under the supervision of the Commissioner.
(3) Food and cosmetic products shall be moved from the site of a fire, flood, wreck or other cause as expeditiously as possible so as not to become putrid, unwholesome, rodent or insect harborages, or otherwise a menace to public health.
(4) All seized or quarantined foods or cosmetics, prior to reconditioning and release from seizure, shall be transported only in vehicles provided with devices to render them capable of being locked and sealed. Where highly perishable foods or cosmetics are transported, this is to be done in vehicles provided with adequate refrigeration for product maintenance.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-365 - Labeling and Relabeling

Current through Register Vol. 48, No. 6, June 28, 2024
(1) All salvaged merchandise must display a proper label on the packaging unless otherwise exempted by the South Carolina Food and Cosmetic Act. Cans or packages without full labeling information shall not be sold individually or by any multiple can, package, or case sale.
(2) All labels on a closed container or package of food, whether printed, embossed, or stamped thereon, shall be easily and clearly readable and legible and shall show all data or information required under the "General Regulations for the Enforcement of the South Carolina Food and Cosmetic Act, Article IV-FOOD." Cosmetics shall comply with "Article V-COSMETICS" of the Regulations.
(3) Where original labels are removed from containers which are to be resold, salvager replacement labels must show the name of the salvager as the distributor.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-366 - Building Exterior and Grounds

Current through Register Vol. 48, No. 6, June 28, 2024
The grounds around a salvage operation under the control of the operator or owner shall be free from conditions which may result in the contamination of food including, but not limited to, the following:
(1) Improperly stored equipment, litter, waste, refuse, and uncut weeds or grass within the immediate vicinity of the operation which may constitute an attractant breeding place, or harborage for rodents, insects, or other vermin.
(2) Inadequately drained areas and excessively dusty roads, yards, or parking lots which may constitute a source of contamination to food products by providing a breeding place for insects, microorganisms, or other vermin.
(3) Inadequate and open garbage bins, containers, pits, or cans used for disposal which may allow pilferage or which may be an attraction for insects, rodents, or other animals.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-367 - Building Construction

Current through Register Vol. 48, No. 6, June 28, 2024
All salvage operations shall be performed in buildings or structures with facilities, equipment and procedures which meet the following requirements:
(1) The exterior shall be so designed, fabricated, and finished as to minimize the easy entrance of insects, birds, rodents, and other vermin.
(2) All necessary ventilation openings shall be effectively screened against insects, rodents, and birds.
(3) All service connections through the exterior wall including water, gas, electrical, and refrigerator connections, shall be grommeted or sealed to prevent the entrance of insects, birds, and rodents.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-368 - Physical Layout Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
All General Salvagers must have at least the following rooms for normal operation:
(1) Receiving room,
(2) Reconditioning (cleaning) room and
(3) Storage room for reconditioned merchandise. If retail sales are made on the premises, a separate room shall be provided for this purpose. Where frozen or refrigerated foods are handled, refrigerators, freezer rooms and/or freezer cabinets shall be provided.
(1) The Salvage Receiving room shall be separated from other rooms by a solid wall divider. All foods and cosmetics which are known to be unsalvageable shall be disposed of and removed from the receiving room as soon as possible.
(2) The Reconditioning room shall be suitably arranged and equipped, providing for the actual cleaning and reworking of the salvageable merchandise. Effective bactericidal treatment of salvageable merchandise shall be done by a method approved by the Commissioner as being effective in destroying microorganisms.
(3) The Storage room shall be used only for storage of reconditioned and undamaged foods or cosmetics.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-369 - Sanitation Requirements for Receiving, Reconditioning, and Storage Areas

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Floors shall be easily cleanable, smooth and of tight construction. Floors shall be of nonabsorbent material or shall be covered with a nonabsorbent coating.
(2) The joints at floor-wall junctures shall be tight and without cracks and tunnels.
(3) The floors shall be kept clean and in good repair.
(4) The surface of walls and ceilings shall be reasonably smooth and easily cleanable.
(5) All walls and ceilings shall be kept clean and in good repair.
(6) All openings to the outside shall have tight fitting doors and windows.
(7) If doors or windows are left open for ventilation, they shall be properly screened or protected to prevent easy entry of birds, rodents, insects, or other vermin.
(8) Reconditioning areas shall be adequately lighted so as to permit the activity for which the premises are used to be carried on safely and to permit effective cleaning and inspection of reconditioned goods.
(9) Light bulbs, fixtures, skylights, or other glass suspended over exposed foods shall be of safety type or otherwise protected to prevent food contamination in case of breakage.
(10) The water supply shall be adequate, of a safe and sanitary quality, and from a source approved by the Department.
(11) All apparatus, utensils and appurtenances used in the handling and reconditioning of salvage goods shall be so constructed and placed that they can be thoroughly cleaned. Such equipment shall be kept clean and sanitary and in good repair.
(12) No person shall live or sleep in any building used as a salvaging plant unless the salvaging plant or work room of such salvaging plant is separated by impervious walls without doors or windows or other openings from the parts of the building used for living or sleeping quarters.
(13) Vats, sinks and other washing equipment, provided with hot and cold running water and proper drains, shall be available for cleaning, rinsing, and bactericidal treatment of food containers to be reconditioned. Necessary equipment for drying, buffing, relabeling and repacking shall be provided where required.
(14) All employees shall be clean at all times and shall wear clean, washable clothing and hair restraints, where the operation requires. They shall not smoke or chew tobacco where unpackaged foods or cosmetics are handled.
(15) No person suffering from or afflicted with a contagious or infectious disease shall be employed in or about any part of a salvaging plant.
(16) The General Salvager shall provide a conveniently located toilet which shall be kept clean and in good repair. The toilet room shall be completely enclosed and well lighted. A hand washing facility shall be provided adjacent to or in the toilet room and shall be kept clean and in good repair. A sign directing employees to wash their hands before returning to work shall also be placed in all toilet rooms.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-370 - General Requirements for Sales Areas

Current through Register Vol. 48, No. 6, June 28, 2024
All foods and cosmetics displayed in the sales area (whether for sale on a retail basis or wholesale basis) shall be wholesome and unadulterated. The following shall also apply:
(1) Packed foods for human consumption in cloth or paper containers and packages shall not be stored directly on the floor.
(2) Canned and packaged food and cosmetic display racks and shelving shall be kept clean and in good repair.
(3) All unwrapped cereal, bakery, meat and candy products shall be displayed in a sanitary container or showcase and protected from handling by the public.
(4) Metal food containers shall be free of seam, rim, and severe distortions and body dents as well as leaks.
(5) Cereal products, including but not limited to grits, flour, meal and breakfast cereals, as well as other food items packaged in paper or cloth containers, shall be free from open tears, rips, insects, and water damage.
(6) Animal foods shall be displayed separately from human food products.
(7) Any article of food normally used for human consumption but intended by the establishment to be used other than for human consumption shall be marked by the owner in accordance with methods described by the Department in such a way as to indicate plainly that the article is not to be sold as human food.
(8) Perishable and potentially hazardous foods shall be stored and/or displayed at a safe temperature in keeping with good trade practices to insure that when the food reaches the consumer it is safe and fit for human consumption.
(9) All refrigerated food display cases, food storage refrigerators and walk-in coolers shall be equipped with an accurate visible thermometer located in the warmest storage area. All coolers shall be kept clean and in good repair.
(10) All frozen food shall be held at an air temperature of 0° F. or lower. The internal product temperature shall not exceed 10° F. at any time.
(11) If both salvaged and nonsalvaged merchandise are offered for sale on the same premises, all salvaged merchandise must be displayed in a section separate and apart from nonsalvaged merchandise or the salvaged merchandise must be stamped or marked plainly to indicate to the consumer that it is salvaged. If salvaged merchandise is displayed in a separate section, such section must be designated by a placard or sign with the following wording "Salvaged Merchandise" of sufficient size and contrast to be readily seen by the consumer.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-371 - Waste Disposal

Current through Register Vol. 48, No. 6, June 28, 2024
(1) All liquid wastes resulting from cleaning equipment and floors, toilets, hand washing facilities, refrigeration devices, and air conditioners, shall be disposed of in a public sewage system or other approved method.
(2) All garbage and rubbish containing food wastes prior to disposal, shall be kept in leak-proof, nonabsorbent, easily cleanable containers so as to be inaccessible to rodents, insects, and other vermin.
(3) All areas in a salvage operation shall be free from unnecessary litter, rubbish, paper, empty containers and other material which might serve as a harborage for rodents, insects, or other vermin.
(4) All garbage and rubbish shall be disposed of at regular intervals of sufficient frequency and in such a manner as to prevent objectionable conditions.
(5) All unsalvageable merchandise must be denatured or disposed of in a manner approved by the Commissioner.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-372 - Rodents, Insects, and Other Vermin

Current through Register Vol. 48, No. 6, June 28, 2024
(1) All reasonable measures shall be taken to protect against the entrance, breeding or presence of rodents, birds, flies, roaches, weevils, and other vermin in a salvage operation or establishment.
(2) Unwrapped foods or cosmetics shall be covered or adequately protected when using aerosol or fogging methods for applying approved pesticides for vermin control.
(3) Rodent control poisons shall be placed in covered bait boxes to prevent spillage or possible contamination of food and danger to employees. The bait boxes shall be properly labeled with a warning notice.
(4) Pesticides and rodenticides used shall be subject to approval by the Department and shall be applied in accordance with the manufacturer's labeled instructions.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-373 - Miscellaneous

Current through Register Vol. 48, No. 6, June 28, 2024
The provisions of these Regulations are in addition to and are not in lieu of the provisions of law or regulations which otherwise or also apply to a Salvager. The Department shall take any other action or procedure necessary to insure that only wholesome food and cosmetics are held for sale and are sold by such establishment.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 7 - MEAT AND MEAT PRODUCTS › Section 5-380 - Meat and Meat Products

Current through Register Vol. 48, No. 6, June 28, 2024
Article 1 of Chapter 17 of Title 47 of the 1976 Code transfers the authority for the promulgation of rules and regulations on meat, meat food products, and meat by-products to the Director of the Livestock-Poultry Health Department of Clemson University. Therefore, the definitions, and standards for these products adopted by the Director of that agency shall be the definitions and standards followed by the South Carolina Department of Agriculture in the inspection of meats and meat products at the retail dealer level.
This regulation supersedes Regulations 4.1 through 4.7 filed in the office of the Secretary of State March 18, 1964 (effective April 1, 1964) and Regulations 4.8 through 4.11 filed in the office of the Secretary of State July 2, 1964 (effective July 10, 1964). These are published on pages 16 and 17 of the 1967 Cumulative Supplement to the Code of Laws of South Carolina, 1962.
The effective date of this regulation shall be November 15, 1968.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-391 - Human Experience with Hazardous Substances

Current through Register Vol. 48, No. 6, June 28, 2024
Reliable data on human experience with any substance should be taken into account in determining whether an article is a "hazardous substance" within the meaning of the act, and when such data given reliable results different from results with animal data, the human experience takes precedence. Experience may show that an article is more or less toxic, irritant, or corrosive to man than to test animals. Experience may also show other factors that are important in determining the degree of hazard to humans represented by the substance. For example, that radiator antifreeze is likely to be stored in the household or garage and likely to be ingested in significant quantities by some persons. Experience also indicates that a particular substance in liquid form is more likely to be ingested than is the same substance in a paste or a solid and that an aerosol is more likely to get into the eyes and the nasal passages than is a liquid.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-392 - Hazardous Mixtures

Current through Register Vol. 48, No. 6, June 28, 2024
For a mixture of substances, the determination of whether such mixture is "hazardous" as defined in Section 23-39-20(e)  should be based on the physical, chemical, and pharmacological characteristics of the mixture. A mixture of substances may therefore be less hazardous or more hazardous than its components because of synergistic or antagonistic reactions. It may not be possible to reach a fully satisfactory decision concerning the toxic, irritant, corrosive, flammable, sensitizing, or pressure-generating properties of a substance from what is known about its components or ingredients. It is prudent to test the mixture itself.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-393 - Listing of "Strong Sensitizer" Substances

Current through Register Vol. 48, No. 6, June 28, 2024
The following substances have a significant potential for causing hypersensitivity, and therefore they meet the definition for "strong sensitizer" as given in Section 23-39-20(j):
(a) Paraphenylenediamine and products containing it.
(b) Powdered orris root and products containing it.
(c) Epoxy resins systems containing in any concentration ethylenediamine, diethylenetriamine, and diglycidyl ethers of molecular weight of less than 200.
(d) Formaldehyde and products containing 1 percent or more of formaldehyde.
(e) Oil of bergamot and products containing 2 percent or more of oil of bergamot.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-394 - Products Requiring Special Labeling Under Section 23-39-30(b)

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The following substances are hazardous because of their toxicity and the frequency of their involvement in accidental ingestion.
(1) [Reserved].
(2) Diethylene glycol including mixtures containing 10 percent or more by weight of diethylene glycol.
(3) Ethylene glycol including mixtures containing 10 percent or more by weight of ethylene glycol.
(4) Petroleum distillates such as kerosene, mineral seal oil, naphtha, gasoline benzine, mineral spirits, paint thinner, Stoddard solvent, and related petroleum distillates and mixtures containing 10 percent or more by weight of such petroleum distillates.
(5) Methyl alcohol including mixtures containing 4 percent or more by weight of methyl alcohol.
(6) Turpentine including gum turpentine, gum spirits of turpentine, steam-distilled wood turpentine, sulfate wood turpentine and, destructively distilled wood turpentine and mixtures containing 10 percent or more be weight of such turpentine.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-395 - Labeling of Fire Extinguishers

Current through Register Vol. 48, No. 6, June 28, 2024
When a substance or mixture of substances in a container labeled for use in or for use as a fire extinguisher produces substances that are toxic within the meaning of 5-390(e) and (f) when used according to label directions to extinguish a fire, the containers for such substances shall bear the following labeling:
(a) When substances are produced which meet the definition of highly toxic within the meaning of 5-390(e)the signal word "Danger" and the statement of hazard, "Poisonous gases formed when used to extinguish flame or on contact with heat" are specified.
(b) When substances are produced which meet the definition of toxic within the meaning of 5-390(f), the signal word "Caution" or "Warning", and the statement of hazard, "Dangerous gas formed when used to extinguish flame or on contact with heat" are specified.
(c) Regardless of whether paragraph (a) or (b) of this section applies, any substance or mixture of substances in a container labeled for use as a fire extinguisher, which, if applied to an electrical fire, would subject the user to the likelihood of electrical shock, shall be conspicuously labeled, "Caution: Do not use on electrical fires". These statements shall be in addition to any other that may be required under the act or this section. All containers shall also bear the additional statements: "Use in an enclosed place may be fatal", and "Do not enter area until well ventilated and all odor of chemical has disappeared".
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-396 - Banned Hazardous Substances

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Under the authority of Section 23-39-20(p)(1)(b), the Commissioner declares as banned hazardous substances the following articles because they possess such a degree of hazard that adequate cautionary labeling cannot be written and the public health and safety can be served only by keeping such articles out of intrastate commerce.
(1) Mixtures that are intended primarily for application to interior masonry walls, floors, etc., as a water repellant treatment and that are "extremely flammable" within the meaning of Section 23-39-20(k).
(2) Carbon tetrachloride and mixtures containing it (including carbon tetrachloride and mixtures containing it used in fire extinguishers), excluding unavoidable manufacturing residues of carbon tetrachloride in other chemicals that under reasonably foreseeable conditions of use do not result in an atmospheric concentration of carbon tetrachloride greater than 10 parts per million.
(3) Fireworks devices intended to produce audible effects (including but not limited to cherry bombs, M-80 salutes, silver salutes, and other large firecrackers, aerial bombs, and other fireworks designed to produce audible effects, and including kits and components intended to produce such fireworks) if the audible effect is produced by a charge of more than 2 grains of pyrotechnic composition; except that this order shall not apply to such fireworks meeting all of the following conditions:
(i) Such fireworks are intended for use solely for bona fide crop protection purposes, such as protection of crops from depredation by birds and animals, and are conspicuously so labeled, and are not diverted or distributed for any other use; and
(ii) Each manufacturer or importer of such agricultural fireworks shall follow the requirements for submission of samples and maintenance of records required by federal regulations ( 21 CFR 191.9(3) ).
(iii) Each wholesaler, importer, jobber, and retailer of such fireworks shall follow the requirements of the federal regulations ( 21 CFR 191.9(3) ) and all applicable provisions of Sections 23-35-10 through 23-35-160 of the Code of Laws of South Carolina, 1976.
(iv) Each immediate container for such fireworks is fully labeled in accordance with the requirements of the South Carolina Hazardous Substances Act.
(4) Liquid drain cleaners containing 10 percent or more, by weight, of sodium and/or potassium hydroxide; except that this subparagraph shall not apply to such drain cleaners if packaged in accordance with a standard for special packaging of such articles promulgated under the Federal Poison Prevention Packaging Act of 1970 (  Public Law 91-601  ).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-397 - Testing Procedures for Hazardous Substances; Method of Testing Toxic Substances

Current through Register Vol. 48, No. 6, June 28, 2024
The method of testing the toxic substances named in 5-390(d) and (e) is as described in 21 Code Federal Regulations, Section 191.10.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-398 - Method of Testing Primary Irritant Substances

Current through Register Vol. 48, No. 6, June 28, 2024
The method of testing primary irritant substances named in 5-390(f)(1)is as described in 21 Code Federal Regulations, Section 191.11.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-399 - Test for Eye Irritants

Current through Register Vol. 48, No. 6, June 28, 2024
The method of testing for eye irritants as named in 5-390(f)(2)is as described in 21 Code Federal Regulations, Section 191.12.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-400 - Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open-cup Apparatus

Current through Register Vol. 48, No. 6, June 28, 2024
The method of test for flashpoint of volatile flammable materials by Tagliabue open-cup apparatus, as named in 5-390(i)(1) and (2) is as described in 21 Code Federal Regulations, Section 191.13.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-401 - Method for Determining Extremely Flammable and Flammable Solids

Current through Register Vol. 48, No. 6, June 28, 2024
The method for determining extremely flammable and flammable solids as named in 5-390(j)(1) and (2) is as described in 21 Code Federal Regulations, Section 191.14.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-402 - Method for Determining Extremely Flammable Contents of Self-pressurized Containers

Current through Register Vol. 48, No. 6, June 28, 2024
The method for determining extremely flammable and flammable contents of self-pressurized containers as named in 5-390(k)(1) and (2) is as described in 21 Code Federal Regulations, Section 191.15.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-403 - Method for Determining Flashpoint of Extremely Flammable Contents of Self-pressurized Containers

Current through Register Vol. 48, No. 6, June 28, 2024
The method for determining flashpoint of extremely flammable contents of self-pressurized containers as named in 5-390(k)(1) and (2) is as described in 21 Code of Federal Regulations, Section 191.16.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-404 - Exemptions for Foods, Drugs, Cosmetics, and Fuels

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Foods, drugs, and cosmetics. Substances subject to the Federal Food, Drug and Cosmetic Act, or to the South Carolina Food and Drug Law, are exempted by Section 23-39-20(e)(2); but where a food, drug, or cosmetic offers a substantial risk of injury or illness from any handling or use that is customary or usual it may be regarded as misbranded under the South Carolina Food and Drug Law because its label fails to reveal material facts with respect to consequences that may result from use of the article when its label fails to bear information to alert the householder to this hazard.
(b) Fuels. A substance intended to be used as a fuel is exempt from the requirements of the act when in containers that are intended to be or are installed as part of the heating, cooking, or refrigeration system of a house. A portable container used for delivery or temporary or additional storage, and containing a substance that is a hazardous substance as defined in Section 23-39-20(e), is not exempt from the labeling prescribed in Section 23-39-20(o), even though it contains a fuel to be used in the heating, cooking, or refrigeration system of a house.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-405 - Exemption from Full Labeling and Other Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any person who believes a particular hazardous substance in a container intended or packaged in a form suitable for use in the household or by children should be exempted from full label compliance otherwise applicable under the act, because of the size of the package or because of the minor hazard presented by the substance, or for other good and sufficient reason, may submit to the Commissioner a request for exemption under Section 23-39-30(c), presenting facts in support of the view that full compliance is impracticable or is not necessary for the protection of the public health. The Commissioner shall determine on the basis of the facts submitted and all other available information whether the requested exemption is consistent with adequate protection of the public health and safety.
(b) The Commissioner may, on his own initiative, determine on the basis of facts available to him that a particular hazardous substance intended or packaged in a form suitable for use in the household or by children should be exempted from full labeling compliance otherwise applicable under the act because of the size of the package, or because of the minor hazard presented by the substance, or for other good and sufficient reason.
(c) Any person who believes a particular article should be exempted from being classified as a "banned hazardous substance" as defined by Section 23-39-20(p)(1)(a), because its functional purpose requires inclusion of a hazardous substance, it bears labeling giving adequate directions and warnings for safe use, and it is intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings, may submit to the Commissioner a request for exemption under Section 23-39-20(p)(b)(i), presenting facts in support of his contention. The Commissioner shall determine on the basis of the facts submitted, and all other available information, whether the requested exemption is consistent with the purposes of the act.
(d) On his own initiative the Commissioner may determine on the basis of available facts that a particular banned hazardous substance should be exempted from Section 23-39-20(p)(1)(a), because its functional purpose requires inclusion of a hazardous substance, it bears labeling giving adequate directions and warnings for safe use, and it is intended for use by children who have obtained sufficient maturity, and may reasonably be expected to read and heed such directions and warnings.
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-409 - Deceptive Use of Disclaimers

Current through Register Vol. 48, No. 6, June 28, 2024
A hazardous substance shall not be deemed to have met the requirements of Section 23-39-20(o) (1, 2) if there appears in or on the label or in accompanying literature words, statements, designs, or other graphic materials that in any manner negates or disclaims any of the label statements required by the act; for example, a statement on a toxic or irritant substance such as "Harmless" or "Safe around pets".
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-410 - Condensation of Label Information

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever the statement of the principal hazard or hazards itself provides the precautionary measures to be followed or avoided, a clear statement of the principal hazard will satisfy both the provisions of Section 23-39-20(o) (e, f). When the statement of precautionary measures in effect provides instruction for first-aid treatment, the statement of the precautionary measures will satisfy both Section 23-39-20(o) (f, g).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-411 - Labeling Requirements for Accompanying Literature

Current through Register Vol. 48, No. 6, June 28, 2024
When any accompanying literature includes or bears any directions for use (by printed word, picture, design, or combination of such methods), such placard, pamphlet, booklet, book, sign, or other graphic or visual device shall bear all the information required by Section 23-39-20(o).
South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 7 - HAZARDOUS SUBSTANCES › Section 5-412 - Substances Determined to be "Special Hazards"

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever the Commissioner determines that for a particular hazardous substance intended or packaged in a form suitable for use in the household or by children, the requirements of Section 23-39-20(o) are not adequate for the protection of the public health and safety because of some special hazard, he shall, by an appropriate regulation, specify such reasonable variations or additional label requirements that he finds are necessary for the protection of the public health and safety. Such regulation shall specify a date that is not less than 90 days after the regulation is filed (unless emergency conditions stated in the regulation specify an earlier date) after which any such hazardous substance intended, or packaged in a form suitable for use in the household or by children that fails to bear a label in accordance with such order shall be deemed to be a misbranded hazardous substance.