Chapter 5

5-1. Definition of Terms. Terms used in this Marketing Order shall be as defined in the Act with the following additions: a. ‘‘Act’’ means the South Carolina Agricultural Commodities Marketing Act of 1968 and as amended in 1970. b. ‘‘Affected area’’ and ‘‘production area’’ are sy…

5-10. Administration. This Order shall be administered by the South Carolina Soybean Board composed of twelve (12) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee or employees as it deems advisable. The Boar…

5-100. Administration. This Order shall be administered by the South Carolina Swine Board composed of twelve (12) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee(s) or agent(s) as it deems advisable. The Boa…

5-110. Principal Place of Business. The principal place of business of the South Carolina Swine Board shall be its temporary office at the South Carolina Department of Agriculture, P. O. Box 11280, Columbia, South Carolina 29211. 5-111. Officers and Their Duties. 1. The officers …

5-118. Compensation and Expense of Board Members. 1. The members of the Board shall be reimbursed for expenses necessarily incurred by them in the performance of their duties and shall receive per diem at the rate of $15 a day. 2. It shall be the responsibility of each person fil…

5-140. Administration. This Order shall be administered by the South Carolina Egg Board composed of eight (8) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee or employees as it deems advisable. The Board’s m…

5-150. Principal Place of Business. The principal place of business of the South Carolina Egg Board shall be its office at 1003 Bluff Road, Columbia, South Carolina, 29201. 5-151. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairman, a Vice-Chairman…

5-160. Scope of Marketing Order. This Marketing Order is limited to programs in promotion, market development and research for mutual benefit of South Carolina peanut producers. Assessments for this Order are limited to commercial sales of peanuts amounting to $1,000 or more of a…

5-167. Effective Time. The effective date of Marketing Order No. 6 shall be July 1, 1975. B. ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 6 FOR SOUTH CAROLINA PEANUTS

5-170. Administration. This Order shall be administered by the South Carolina Peanut Board composed of seven (7) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee or employees as it deems advisable. The Board’…

5-180. Principal Place of Business. The principal place of business of the South Carolina Peanut Board shall be P. O. Box 11280, Columbia, South Carolina, 29211. Telephone: 758-2426. 5-181. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairman, a Vic…

5-184. Committees. 1. The Board may appoint, or empower the Chairman to appoint, from its members such committees as it may deem necessary for the expeditious handling of the affairs of the Board and may assign to standing committees such specific ministerial duties as the Board …

5-189. Amendments The Board may amend these By-Laws at any meeting of the Board in accordance with the prescribed voting procedure. However, at least five days notice shall be given to all members of the Board that such amendment will be considered. ARTICLE 2 STATE FARMERS MARKET

5-190. State Farmers’ Markets; Rules and Regulations. (Statutory Authority: 1976 Code § 46-15-20(12)) SECTION A—ORGANIZATION Applicability These Rules and Regulations are applicable to each State Farmers’ Market now in existence and are intended to apply to such additional State …

5-193. Regulations for Football Tailgating Events and Other Special Events Held on the Market. This regulation applies to special events, including football tailgating, held on the market grounds as publicly stated by the market manager. 1. The market manager must publicly state …

5-20. Principal Place of Business. The principal place of business of the South Carolina Soybean Board shall be its office at P. O. Box 667, Summerton, South Carolina. 5-21. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Se…

5-200. Definitions of Words and Terms. (a) The term ‘‘concentrated commercial feeding stuff’’ or ‘‘commercial feed’’ shall also be held to include all materials which are used in feed or for mixing in feed, except such products as are specifically exempt by § 46-27-10 of the feed…

5-210. Producers Defined. Producers as defined in Section 39-39-110, S.C. Code, 1976: ‘‘Producer’’ means a person selling no eggs other than those eggs produced on his farm. Producers with five hundred or less hens may sell their eggs direct to the consumer without processing. HI…

5-211. Transfer of Eggs. No eggs shall be transferred from one wholesaler or retailer to another unless such eggs are accompanied by an invoice showing grade and size of eggs also name and address. Origin if South Carolina eggs. 5-212. Records; [Wholesalers.] Wholesalers must kee…

5-213. Records; [Retailers.] Retailers must keep a record of their purchases of eggs for a period of not less than ninety days. Invoices must show grade and size, also name and address of packer or distributor, as well as the date of production. HISTORY: Amended by State Register…

5-214. Access to Inspect Stocks and Records. The Commissioner of Agriculture or his authorized representatives, shall have the authority, right and privilege to enter during regular hours of business the place of any producer, wholesaler, retailer, retail establishment, instituti…

5-217. Eggs Must be Designated. (a) All eggs offered for sale as designated in § 39-39-150, S.C. Code, 1976, shall be graded as to weight and standards. (b) Therefore no eggs will be sold at wholesale or retail outlet below U.S. Consumer Grade B. (c) To establish origin: South Ca…

5-223. General Terms. Inedible Eggs. Eggs of the following descriptions are classed as inedible: black rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo ch…

5-224. South Carolina Consumer Grades for Shell Eggs. In accordance with Sections 39-39-110 to 39-39-180, S.C. Code, 1976, eggs can be sold, offered for sale or advertised under the following grades—South Carolina consumer grades for shell eggs is the same as those published by t…

5-225. [Placards.] When eggs are offered or exposed for sale at retail in open cases, boxes or other containers from which eggs are sold in bulk to consumers, the minimum size of the placard shall be not less than 8 1 ⁄2 x 5 1 ⁄2 inches and shall be substantially in the form: SAM…

5-227. Egg Packing Material. Eggs which are to be officially identified with consumer grademarks shall be packaged only in new or good used cartons, cases and packing materials. No Producer or Packer shall use any case or carton showing any other than his own advertising or end c…

5-229. Seal. (1) All and only eggs produced in South Carolina and packed in South Carolina cartons for sale within the State may bear on top of the carton South Carolina Agricultural Products Seal as approved and adopted by the South Carolina Department of Agriculture for promoti…

5-230. Advertising Eggs. Advertising in the newspapers and periodicals shall observe the following rules: show the grade and size to which the eggs belong. No abbreviation for South Carolina grade or size shall be permitted. Window, show case, radio, handbill or other forms of ad…

5-234. [Representative Samples for Grading Purposes.] The representative samples for grading shell eggs are the same as those published by the United States Department of Agriculture. HISTORY: Amended by State Register Volume 30, Issue No. 2, eff February 24, 2006.

5-235. License Renewal. For the purposes of maintaining a current register of the active licensed egg wholesalers, the Department shall send out letters of license renewal on a biannual basis. Licensees who fail to renew their license in a timely manner will then receive notice f…

5-240. [Enriched Corn Meal and Grits.] 1. Labeling: a. All containers such as boxes, cloth and paper bags, except when repacked from bulk by retailer, and other containers for hominy grits and/or corn meal, must be labeled in accordance with the Federal Security Agency’s regulati…

5-250. Definition of White Flour. The term ‘‘white flour’’ includes and shall be limited to flour made wholly from wheat which conforms to the definition and standard of identity for white flour, promulgated by the Federal Security Agency (Federal Register of May 27, 1941, page 2…

5-253. Labelling. All containers, such as cloth and paper bags, barrels, and other containers for white flour and for self-rising flour must be labelled in accordance with the Federal Security Agency’s regulations for foods for special dietary uses (Federal Register November 29, …

5-260. [Classification.] Rice which is coated with talc and glucose shall be placed into the class of ‘‘Bulk Rice’’ regardless of the size or type of package used, thus requiring the enrichment ingredients to be rinse-resistant. Millers are hereby authorized to judge for themselv…

5-270. [General Regulations.] The provisions of regulations promulgated under the South Carolina Food and Cosmetic Act with respect to the doing of any act shall be applicable also to the causing of such act to be done. 5-271. [Definitions.] The definitions and interpretations of…

5-280. Labeling Definition. Labeling includes all written, printed, or graphic matter accompanying an article at any time while such article is for sale, delivery, held for sale or offered for sale in the State of South Carolina. 5-281. Difference of Opinion Among Experts. The ex…

5-290. Guaranty. In case of the giving of a guaranty or undertaking referred to in § 39-5-50(b), each person signing such guaranty or undertaking shall be considered to have given it. 5-291. Guaranty: Definition, and Suggested Forms. A guaranty or undertaking referred to in § 39-…

5-299. [Change of Time and Place for Presentation of Views.] Upon request, reasonably made, by the person to whom a notice appointing a time and place for the presentation of views under § 39-2570 has been given, or by his representative, such time or place, or both such time and…

5-30. Definition of Terms. Terms used in this marketing order shall be as defined in the Act and as follows: a. ‘‘Act’’ means the South Carolina Agricultural Commodities Marketing Act of 1968 (R1363, H2681). b. ‘‘Affected area’’ means and includes the entire area of the State of …

5-300. Food: Labeling—Misbranding. (a) Among representations in the labeling of a food which render such food misbranded is a false or misleading representation with respect to another food or a drug, device, or cosmetic. (b) The labeling of a food which contains two or more ingr…

5-307. Food: Labeling, Designation of Ingredients. The name of an ingredient (except a spice, flavoring, or coloring which is an ingredient of a food other than one sold as a spice, flavoring, or coloring), required by § 39-25-110(i)(2) to be borne on the label of a food, shall b…

5-319. [Where Statement Must Appear.] A statement of artificial flavoring, artificial coloring, or chemical preservative shall be placed on the food, or on its container or wrapper, or on any two or all of these, as may be necessary to render such statement likely to be read by t…

5-330. Cosmetics; Labeling; Misbranding. Among representations in labeling of a cosmetic which render such cosmetic misbranded is a false or misleading representation with respect to another cosmetic or a food, drug, or device. 5-331. [Misleading Labeling Defined.] The labeling o…

5-335. [Statement of Manufacturer No Relief from Misleading Label Requirement.] The requirement that the label shall contain the name and place of business of the manufacturer, packer or distributor shall not be considered to relieve any cosmetic from the requirement that its lab…

5-340. [Statement to Show Minimum Quantity or Average Quantity.] 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 quanti…

5-360. Definitions. The definitions and interpretations contained in § 39-25-20 of the South Carolina Food and Cosmetic Act are applicable to such terms when used in these Regulations. The following definitions shall also apply: (1) ‘‘Act’’ means the South Carolina Food and Cosme…

5-373. Miscellaneous. 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 fo…

5-380. Meat and Meat Products. 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 Univer…

5-390. Definitions. (a) Act. ‘‘Act’’ as used in these regulations means the South Carolina Hazardous Substances Act. (b) Hazardous substances intended or packaged in a form suitable for use in the household. ‘‘Hazardous substances intended or packaged in a form suitable for use i…

5-394. (c) The signal word and statement of hazard shall be in capital letters. The size of the signal word (and the word, ‘‘poison’’, if required) shall be of a size bearing a reasonable relationship to the other type on the main panel, but shall not be less than 18 point type, …