Department of Agriculture

5-450. Scope and Administration of Program. 1. Scope of Program. The Roadside Market Incentive Program is a voluntary participation program designed to improve Roadside Markets, to improve the quality of merchandise sold, to promote safety and eliminate traffic hazards around suc…

5-451. Roadside Market. A Roadside Market within the meaning of these regulations shall include all stores or markets which primarily sell agricultural commodities to the public. A portion of the products offered for sale must include those grown or produced in South Carolina.

5-452. Applications. 1. Application for Participation. The proprietor of any roadside market as herein defined, or a partner or officer where such market is owned by a partnership or corporation, may apply to the Commissioner of Agriculture for participation in this program, such…

5-453. Signs. 1. Display of Sign. Upon approval as a participating market, the Department of Agriculture shall furnish each approved market a sign evidencing such approval. The sign shall at all times remain the property of the Department of Agriculture. 2. Misuse or Wrongful Dis…

5-454. Market Design. No market shall be approved or retain approval unless the external and internal appearance of the market is at least equal to that of a produce stand as designed by the Cooperative Extension Service, State of South Carolina, as shown on Drawing No. EX 5983 w…

5-455. Location. 1. Driveway Permits. Newly established markets must have an approved commercial driveway permit from the State Highway Department for any site which an application is filed and a copy of such permit shall be submitted with the application for participation. 2. Vi…

5-456. Sanitation and Cleanliness Standards. All markets must strictly comply with the South Carolina Food Laws insofar as they are applicable, as well as with all other applicable laws, rules and regulations dealing with sanitation, cleanliness and marketing conditions.

5-457. Product Quality. 1. Sale of Culls. Unwholesome, spoiled or damaged food or produce which is unfit for human consumption shall not be offered for sale at any Roadside Market. 2. False Packs Prohibited. Produce or other agricultural products packaged with the topping or faci…

5-458. Fair and Honest Marketing Practices. 1. Fraudulent or Dishonest Practices. When any operator or employee of any participating Roadside Market is found to have engaged in fraudulent or dishonest practices in a Roadside Market or to have permitted others to do so, in additio…

5-459. Effect of Violations of These Rules and Regulations. The violation of any provisions of these Rules and Regulations shall constitute grounds for disapproval of any application for participation or for revocation of any approval previously granted.

5-459.1. Agreement Between South Carolina Department of Agriculture Roadside Market Incentive Program and its Members. The following AGREEMENT between the undersigned parties represents a clear understanding on the part of both parties toward the most successful and effective ope…

5-46. Authority. A. The authority for the rules and regulations contained herein comes under Marketing Order No. 2 for South Carolina sweet potatoes issued November 10, 1969, and the Agricultural Commodities Marketing Act of 1968. C. BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOA…

5-460. Standard for Agricultural Seeds. A. All agricultural seeds shall have a standard germination of 75% except: (1) Crotalaria; (2) Dallis grass; (3) Centipede grass; (4) Pensacola Bahia grass; (5) Cottonseed; (6) Peanuts. B. Agricultural seeds showing a germination less than …

5-461. Exception. A. The germination standard for Crotalaria shall be 65%. (1) Crotalaria showing less than 65% and above 39% in germination must be labeled ‘‘Below Standard in Germination.’’ (2) Crotalaria showing less than 40% germination cannot be sold in South Carolina. (3) H…

5-462. Noxious Weeds. A. Noxious weeds shall be seeds or bulbs of the following: Single Common Name Scientific Name Limitations Balloonvine Cardiosperm Halicacabum L. Prohibited Bermuda Grass Cynodon Dactylon 200 per lb. Bindweed Field Convolvulus Arvensis Prohibited Bindweed Hed…

5-463. Prohibited Seeds. A. Agricultural seeds will be prohibited from sale when such seeds contain more than two (2) per cent by weight of all weed seed. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-464. Standard Germination for Vegetable Seeds. A. All vegetable seeds shall show the percentage of germination and the minimum for ‘‘Standard Germination’’ for vegetable seeds shall be as follows: Kind Percentage Anise 50% Artichokes 60% Asparagus 70% Basil, Sweet 70% Beans, As…

5-465. Tolerances. A. The word ‘‘approximate’’ as used in the law is hereby defined as a slight variation occurring between the analysis given on the tag or label and that found upon test of the official samples drawn therefrom. Seed shall be considered misbranded within the mean…

5-466. Labeling. A. All agricultural, vegetable and flower seeds offered or exposed for sale in South Carolina shall bear a standard tag or label except seed sold across the counter from a bin or container when such a bin or container carries a standard tag or label in full view …

5-467. Labeling of Seed Corn. A. Sale of hybrid seed corn containing T-cytoplasm is prohibited unless the percentage of T- cytoplasm is clearly indicated on the label. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-468. Inconsistent Statements. A. No statement will be permitted on the tag or container which conflicts with the requirements of the standard tag. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-469. Advertisement. A. The name of the South Carolina Department of Agriculture must not be used for advertising purposes in connection with reports on samples. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-470. Seed for Cleaning or Processing. A. Seed transported to a cleaning or processing establishment shall bear a tag stating ‘‘Seed for Cleaning or Processing.’’ HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-471. Certified Seed. A. Certified seeds shall mean seeds as defined by Section 46-21-10(f). HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-472. Mixtures. A. A mixture means seed consisting of more than one kind or variety, each present in excess of five per cent (5%) of the whole. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-473. Origin. A. The origin shall be required only when known, in accordance with Section 46-21-15(30). HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-474. Date of Test. All seed sold, offered or exposed for sale in this State shall show on the label the month and year in which the germination test was completed. (1) No more than nine calendar months for agricultural seed, except cool season grasses, shall have elapsed betwee…

5-475. Method of Testing. A. The methods of testing seed shall be as near as practical those adopted by the Association of Official Seed Analysts of North America. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-476. Sampling. A. The manner of sampling shall be as follows: (1) Bulk: Bulk seeds or screenings shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. …

5-477. Size of Sample. A. The following are minimum weights of samples of seed to be submitted for analysis, test, or examination: (1) Two ounces of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these. (2) Five ounces of red or crimson clove…

5-478. Variety. A. When submitting samples for test the kind and variety should be given when known. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-479. Information on Tags. A. The standard tag for agricultural seed shall contain the following information in the format shown: Kind & Variety Origin Net Wt. Lot No. Pure Seed % Germination % Inert Matter % Hard or Dormant Seed % Other Crop Seed % Coating Material % Treatment …

5-480. Seed in Hermetically Sealed Containers. A. For agricultural and vegetable seeds labeled and packed in hermetically sealed containers, the nine months limitation of date of test in 5-474 is extended as provided therein. B. The germination test for agricultural and vegetable…

5-481. Treated Seeds. A. The term ‘‘treated’’ means that the seed has been given an application of a substance or subjected to a process designed to reduce, control, or repel certain disease organisms, insects, or other pests attacking such seeds or seedlings grown therefrom, or …

5-482. Fees and Services. A. Fee Schedule: (1) Licensing in accordance with Section 46-21-40: $10,000.01 or more $500 $10,000 - $5,000.01 $200 $ 5,000 - $2,500.01 $100 $ 2,500 or less $50 B. Explanation of Services: (1) Official samples, as defined by S.C. Code § 46-21- 15(29), w…

5-483. Flower Standards. A. The kinds of flower seeds listed below are those for which standard testing procedures have been prescribed and which are therefore required to be labeled in accordance with the germination labeling provisions Section 46-21-210 et al. (1) The percentag…

5-490. Definitions. A. ‘‘Commissioner’’ means the South Carolina Commissioner of Agriculture. B. ‘‘Inspector’’ means the field representative duly appointed by the Commissioner and bonded for faithful performance of duty. C. ‘‘Manager’’ means the person authorized by the warehous…

5-491. Inspectors, Warehousemen. A. An adequate number of inspectors shall be employed for the proper inspection of all warehouses and the commodities stored therein at least once every three months. B. Each inspector shall make a thorough study of the statutes, rules and regulat…

5-492. Warehouses. A. No building shall be licensed as a State Warehouse except upon a survey duly filled out by the person in charge of the same, showing the location, nearest post office, the County and State, and giving the construction, size, approximate capacity, together wi…

5-493. Receipts. A. All receipts for commodities stored in a State Warehouse shall be made out with pen and ink or indelible pencil and shall be signed by the authorized manager with pen and ink, indelible pencil or with a mechanical device approved by the Commissioner. Computer …

5-494. Scale Tickets. A. The manager shall have issued a scale ticket for each movement of grain in or out of the licensed State warehouse. Where grain is received or shipment is made by rail car, ship, or other means and the issuance of weigh or scale tickets is not feasible, th…

5-495. Daily Records. A. Each warehouseman shall maintain a daily account or settlement sheet to show the movement of grain for each depositor of grain to the licensed State warehouse. Such records shall be kept on forms approved by and as directed by the South Carolina Departmen…

5-496. General. A. If a State Licensed Warehouse purchases or contracts for purchase any grain as it is deposited or before said grain is delivered to the warehouse, the manager or owner(s) of the licensed warehouse shall make application to the South Carolina Department of Agric…

5-497. Procedures for Filing Claims. A. When the Department has been notified or otherwise determines that a default or other loss or insolvency has occurred, it shall notify all potential claimants within fifteen days of the determination of loss or default and provide them with…

5-5. Information Reports. 1. 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 pur…

5-50. Principal Place of Business. The principal place of business of the South Carolina Sweet Potato Board shall be its temporary office at the State Farmers Market, Columbia, South Carolina.

5-500. Standard Weights of Commodities. The following shall be the legal and uniform standard weights and measures in South Carolina for the sale and purchase of the following named products of the farm, orchard, or garden and articles of merchandise: COMMODITY POUNDS PER BUSHEL …