Department of Agriculture

5-320. [Exemption Due to Unit Size.] A food shall be exempt from compliance with the requirements of § 39-25-110(k) if it is not in package form and the units thereof are so small that a statement of artificial flavoring, artificial coloring, or chemical preservative, as the case…

5-321. [Exemption from Label Statement.] A food shall be exempt while held for sale from the requirements of § 39-25-110(k) (requiring label statement of any artificial flavoring, artificial coloring, or chemical preservatives) if said food, having been received in bulk container…

5-322. [Exemptions for Fruits and Vegetables.] A fruit or vegetable shall be exempt from compliance with the requirements of § 39-25-110(k) with respect to a chemical preservative applied to the fruit or vegetable as a pesticide chemical prior to harvest. SUBARTICLE 5 COSMETICS

5-33. Assessments and Assessment Funds. 1. Assessments Levied. On and after the effective date of this Marketing Order, there is hereby levied and there shall be collected by the Commission, as provided by § 46-17-310, upon sweet potatoes produced or marketed in the affected area…

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 of a cosmetic which contains two or more ingredients may be misleading by reason (among other reasons) of the designation of such cosmetic in such labeling by a name which includes or suggests the name of one or more but not all …

5-332. Cosmetic; Labeling; Required Statements; Exemptions If a cosmetic is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase, which reveals the connection such person has with such cosmetic such as ‘‘Manufactured for and Pack…

5-333. [Statement of Place of Business.] The statement of the place of business shall include the street address if any, of such place, unless such street address is shown in a current city directory or telephone directory.

5-334. [Principal Place of Business.] Where a person manufactures, packs, or distributes a cosmetic at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where such package of such cosmetic was manuf…

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…

5-336. [Statement of Quantity.] (a) The statement of the quantity of the contents shall reveal the quantity of cosmetic in the package, exclusive of wrappers and other material packed with such cosmetic. (b) The statement shall be expressed in the terms of weight, measure, numeri…

5-337. [Statement of Weight.] (a) A statement of weight shall be in terms of the avoirdupois pound and ounce. A statement of liquid measure shall be in terms of the United States gallon of 231 cubic inches and quart, pint, and fluid ounce subdivisions thereof, and shall express t…

5-338. [Use of Fractions in Statement.] Statements shall contain only such fractions as are generally used in expressing the quantity of the cosmetic. A common fraction shall be reduced to its lowest terms; a decimal fraction shall not be carried out to more than two places.

5-339. [Expressing Number of Units.] (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 e…

5-34. Information Reports. All persons subject to the provisions of this Marketing Order shall make and render such reports and furnish such information to the Board as may be necessary or required under the Act or this Marketing Order to effectuate the purposes thereof. Any info…

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…

5-341. [Variations if Minimum Quantity Shown.] 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 introd…

5-342. [Variations Where Minimum Quantity Not Expressed.] 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,…

5-343. [Extent of Variations Allowed.] 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.

5-344. [Exemptions from Quantity Statements.] A cosmetic shall be exempt from compliance with the requirements of clause (2) of § 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) o…

5-345. Cosmetic; Labeling Requirements, Form of Stating. 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 § 39-25-150(c) by reason (among other reasons) of: (a) The fa…

5-346. [Label to Appear in English.] 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.

5-347. Cosmetic; Labeling Requirements; Exemptions. 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 th…

5-348. [Exemption Voided if Shipment Misbranded.] 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 …

5-349. [Exemption Voided by Refusal of Inspection of Agreement.] 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 r…

5-35. Continuance. Prior to the completion of each three (3) calendar years from the effective date of this Marketing Order, or the completion of three (3) complete sweet potato marketing seasons, whichever shall be the longer period, the Commission shall re-submit this Order to …

5-350. [Expiration of Exemption.] 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 su…

5-351. [Test Cosmetics Exempt.] 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. SUBARTICLE 6 SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS

5-36. Effective Time. The effective date of Marketing Order No. 2 shall be December 1, 1969. B. ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 2 FOR SOUTH CAROLINA SWEET POTATOES

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…

5-361. Permits. (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— Th…

5-362. Notification. 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 upo…

5-363. Records. 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 no…

5-364. Movement of Seized Foods and Cosmetics. (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 cos…

5-365. Labeling and Relabeling. (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 ca…

5-366. Building Exterior and Grounds. 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, litte…

5-367. Building Construction. 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 …

5-368. Physical Layout Requirements. 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 …

5-369. Sanitation Requirements for Receiving, Reconditioning, and Storage Areas. (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 juncture…

5-370. General Requirements for Sales Areas. 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 …

5-371. Waste Disposal. (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 containin…

5-372. Rodents, Insects, and Other Vermin. (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…

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…

5-391. Human Experience with Hazardous Substances. 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 f…

5-392. Hazardous Mixtures. For a mixture of substances, the determination of whether such mixture is ‘‘hazardous’’ as defined in § 23-39-20(e) should be based on the physical, chemical, and pharmacological characteristics of the mixture. A mixture of substances may therefore be l…