Department of Agriculture

5-254. Baker’s Certificate. Bakers or other commercial secondary processors purchasing flour non-enriched shall prepare an approved certificate, in triplicate. This certificate must be approved by the Commissioner of Agricul- ture—one copy to be furnished his office, the other co…

5-255. Definition of Bread. For the purpose of administering this Rule, bread shall mean that product, in the form of loaves, obtained by baking dough consisting of flour, leavened mixture, with water and/or other liquid and with or without the addition of other edible substances…

5-256. Bread Labelling. All white bread sold, or offered for sale within the State of South Carolina shall bear a label in accordance with the provisions set up by the Federal Security Agency containing information such as given for flour, and the following is suggested: ENRICHED…

5-26. Procedures and Transaction of Business. The Board, when in session, shall be governed in its deliberations in the transaction of its business by the rulings and regulations herein provided, and by the provisions of Marketing Order No. 1 and the Agricultural Commodities Mark…

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…

5-261. Labeling. (a) All containers such as cloth, paper, or cellophane bags, cartons or boxes, and other containers for enriched rice must be labeled in accordance with the appropriate Federal Agency’s regulations for foods for special dietary uses so as to carry information as …

5-262. [Testing.] For purposes of testing to determine conformance with the provisions of this Rule enriched rice shall be tested in accordance with official methods of the Association of Official Agricultural Chemists.

5-263. [Certificates.] Dealers or other commercial secondary processors purchasing rice non-enriched shall prepare an approved certificate, in triplicate. This certificate must be approved by the Commissioner—one copy to be furnished his office, the other copy to be retained by t…

5-27. Powers of the Board. Any officer, agent, or employee appointed, elected, or employed by the Board shall be subject to removal or suspension by the Board at any time. No officer, member, employee or agent of the Board shall have the authority to commit the Board unless such …

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 terms contained in § 39-25-20 shall be applicable also to such terms when used in regulations promulgated under the Act.

5-272. Exemptions From Required Label Statements. The following exemptions are granted from label statements required by these regulations: (a) While held for sale, a food shall be exempt from the required declaration of net quantity of contents specified in this part if said foo…

5-28. 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 per day, or portion thereof. Subsistence expense incurred sh…

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 existence of a difference of opinion, among experts qualified by scientific training and experience, as to the truth of a representation made or suggested in the labeling is a fact (among other facts) the failure to reveal which may…

5-29. 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. SUBARTICLE 2 SWEET POTATOES A…

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 § 39-25-30(g) may be: (a) Limited to a specific shipment or other delivery of an article, in which case it may be a part of or attached to the invoice or bill of sale covering such shipment…

5-292. [Suggested Forms.] The following are suggested forms of guaranty or undertaking under § 39-25-50(g): (a) Limited form for use on invoice or bill of sale. (Name of person giving the guaranty or undertaking) hereby guarantees that no article listed herein is adulterated or m…

5-293. [Expiration of Guaranty.] The application of a guaranty or undertaking referred to in § 39-25-30(g) to any shipment or other delivery of an article shall expire when such article, after shipment or delivery by the person who gave such guaranty or undertaking, becomes adult…

5-294. [Contents of Guaranty.] A guaranty or undertaking referred to in § 39-25-30(g) shall state that the shipment or other delivery of the color additive covered thereby was manufactured by a signer thereof. It may be a part of or attached to the invoice or bill of sale coverin…

5-295. [Manufacturer of Shipment of Color Additive is Packager.] For the purpose of a guaranty or undertaking under § 39-25-50(b) the manufacturer of a shipment or other delivery of a color additive is the person who packaged such color.

5-296. [Guaranty Signed by Two or More Persons.] A guaranty or undertaking, if signed by two or more persons, shall state that such persons severally guarantee the article to which it applies.

5-297. [No Mention of Guaranty in Label.] No representation or suggestion that an article is guaranteed under the Act shall be made in labeling.

5-298. Presentation of Views Under § 39-25-70. Presentation of views under § 39-25-70 shall be private and informal. The views presented shall be confined to matters relevant to the contemplated proceeding. Such views may be presented by letter or in person by the person to whom …

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…

5-3. Marketing Order Purposes. 1. Advertising and Sales Promotion Plans. a. The South Carolina Soybean Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to prepare plans, administer and conduct programs, and expend monies…

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…

5-301. Food in Package Form Labeling: Identity. (a) The principal display panel of a food in package form shall bear as one of its principal features a statement of identity of the commodity. (b) Such statement of identity shall be in terms of: (1) The name now or hereafter speci…

5-302. [Compliance with Labeling Requirement.] A requirement under the authority of this Act that any word, statement, or other information appear on the label of a food shall not be considered to be complied with unless such word, statement or information also appears on the out…

5-303. Food Labeling; Name and Place of Business of Manufacturer, Packer, or Distribu- tor. (a) The label of a food in packaged form shall specify conspicuously the name and place of business of the manufacturer, packer, or distributor. (b) The requirement for declaration of the …

5-304. Food: Labeling; Prominence of Required Statements. 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 § 39-25-110(f) by reason (among other reasons) of: (a) The f…

5-305. [Insufficiency of Label Space.] No exemption depending on insufficiency of label space, as prescribed in regulations promulgated under § 39-25-110(i), shall apply if such insufficiency is caused by: (a) The use of label space for any word, statement, design, or device whic…

5-306. [Language of Label.] (a) All words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the English language; (b) If the label contains any representation in a foreign language, all words, s…

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…

5-308. [Designation of Spices, Flavorings and Coloring.] No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, within the meaning of such term as commonly understood by consumers. The te…

5-309. [Designation if Both a Spice and Coloring or Flavoring and Coloring.] An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, as the case may be, unless such ingredient is…

5-31. South Carolina Sweet Potato Board. 1. Establishment and Membership. A Sweet Potato Board is hereby established with such powers and duties as are authorized by § 46-17-270 and by Section 6 of this regulation. The Board shall be composed of seven (7) producer members elected…

5-310. [Fabricated Foods.] In the case of fabricated foods, including mixtures of food ingredients, where the proportion of an expensive ingredient or ingredients present has a material bearing on price or consumer acceptance, the label of such food shall bear a quantitative stat…

5-311. [Assortment Packages.] In the case of an assortment of different items of food, when variations in the items which make up different packages packed from such assortment normally occur in good packing practice, and when such variations result in variations in the ingredien…

5-312. [Exemption from Ingredient Listing Requirement.] A food, while held for sale, shall be exempt from the requirements of clause (2) of § 39-25-110(i) (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or …

5-313. [Exemption for Propylene Glycol or Glycerin.] Propylene glycol or glycerin present in quiescently frozen confections because of use as a carrier for food-grade emulsifiers and stabilizers is exempt from the requirements of § 39-25-110(i)(2) (requiring a declaration on the …

5-314. [Listing Ingredients in Order of Decreasing Predominance.] Ingredients shall be listed by common or usual name in order of decreasing predominance. The declaration shall be presented on any appropriate information panel in adequate type size, without obscuring design, vign…

5-315. Special Dietary Uses. (a) The term ‘‘special dietary uses’’ as applied to food for man, means particular (as distinguished from general) uses of food, as follows: (1) Uses for supplying particular dietary needs which exist by reason of a physical, physiological, pathologic…

5-316. Food Labeling; Number of Servings. (a) The label of any package of a food which bears a representation as to the number of servings contained therein shall bear in immediate conjunction with such statement, and in the same size type, a statement of the net quantity (in ter…

5-317. Food Labeling; Artificial Flavoring or Coloring, Chemical Preservatives. (a) The term ‘‘artificial flavoring’’ means a flavoring containing any rapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice. (b) The te…