Department of Agriculture

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 …

5-185. Fidelity Bonds. All officers and employees of the Board who approve items for payment shall be placed under a Fidelity Bond issued by a company authorized to do business in the State of South Carolina in an amount to be fixed by the Commission and the Board and the premium…

5-186. Procedures and Transaction of Business. The Board, when in session, shall be governed in its deliberations in the transaction of its business by the rules and regulations herein provided, and by the provisions of Marketing Order No. 6 and the Agricultural Commodities Marke…

5-187. 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…

5-188. 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 as provided for State employees. 2. It shall be the responsibility…

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 …

5-2. South Carolina Soybean Board. 1. Establishment and Membership. A Soybean Board is hereby established with such powers and duties as are authorized by the Act and by subsection 9 of this section. The Board shall be composed of twelve (12) members elected by districts as provi…

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.

5-200. 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…

5-201. Adulteration. (1) No person shall distribute an adulterated feed. A commercial feed, customer-formula feed, or custom-mixed feed shall be deemed to be adulterated if any poisonous or nonnutritive ingredient has been found in sufficient amounts to render it injurious to hea…

5-202. Misbranding. (1) No person shall distribute a misbranded feed. A commercial feed, customer-formula feed, or custom-mixed feed shall be deemed misbranded if: (a) Its labeling is false or misleading in any particular. (b) It is distributed under the name of another feed. (2)…

5-203. Labeling. (1) When net weight is clearly and legibly stated on bags, tags may show the phrase, ‘‘Net Weight Shown on Bag’’ (or equivalent), in lieu of the actual net weight. Actual net weight may be shown on tags, if preferred. Either the net weight statement or the above …

5-204. Ingredients Statement. (1) For purposes of naming the ingredients comprising a mixture or deriving the name of a single ingredient feed, the name shall be in accordance with the designated definitions of feed ingredients as recognized by the Association of American Feed Co…

5-205. Additive Statement. (1) Substances or elements determinable by laboratory methods may be guaranteed by permission of the Commissioner of Agriculture. When any item is guaranteed, it shall be subject to inspection and analysis in accordance with the methods and regulations …

5-206. Registration. (1) No sale or distribution of any product falling within the definition of this law may be made in this State until the certified approved copy of the registration has been received by the registrant. (2) Registrations for concentrated commercial feedstuffs …

5-207. General Regulations. (1) A ‘‘Custom-Mixed Feed’’ shall be labeled by invoice. The invoice, which is to accompany delivery and be supplied to the purchaser at the time of delivery, shall bear the following information: (a) Name and address of the mixer. (b) Name and address…

5-21. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secretary-Treasurer, each of whom shall be a member of the Board. A. The officers of the Board shall be elected annually at its first meeting after January 1st. Provided,…

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 keep a record of their purchases, sales and deliveries of eggs for a period of not less than ninety days. Invoices must show grade and size also name and address of distributor, as well as the date of production. HISTORY: Amended by…

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…

5-215. Standards Versus Grades. The word ‘‘Standard’’ refers to the quality specifications for a single egg. A group of these standards is combined to make a Grade. The word ‘‘Grade’’ applies to a lot of eggs, such as a dozen, case or carlot. The determination as to eggs meeting …

5-216. Weight of Eggs. The South Carolina weight class for shell eggs is 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.

5-217. 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…

5-218. South Carolina Standards for Quality of Individual Shell Eggs. The South Carolina standards for egg quality shall be the same as those standards published by the United States Department of Agriculture. HISTORY: Amended by State Register Volume 30, Issue No. 2, eff Februar…

5-22. Employees and Their Duties. 1. The employees of the Board shall be a Manager, who shall also be the Assistant Secretary- Treasurer and such other employees as the Board may designate. 2. Subject to the general supervision and control of the Board, the duties of the Manager …

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…

5-226. Packing, Marketing and Labeling. Every case (30 dozen) or partial case containing eggs offered, exposed, or packed for sale, or transported for sale within the State by any person (other than producer), firm, company or organization shall bear on one end of the case a labe…

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…

5-228. Cartons. (1) Eggs offered or exposed for sale in cartons, bags or other containers shall be plainly marked on top of carton, bag, or container the grade and size. Letters shall be not less than 5/16 inch in height. Also packer’s or distributor’s name and address letters no…

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…

5-23. Meetings. 1. Regular meetings of the Board shall be held at least quarterly at the offices of the Board, unless otherwise ordered by the Board or the Chairman. 2. Special meetings of the Board may be held whenever called by the Chairman, or by the Vice- Chairman acting as C…

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…

5-231. Inedible Eggs. No person shall sell, offer or expose for sale, for human consumption eggs that are inedible.

5-232. Refrigeration at Wholesale and Retail Levels. All eggs Grade B or better must be adequately refrigerated at wholesale and retail levels at all times. Packers shall be responsible for the quality of eggs for seven (7) days after delivery to retail outlets. All retail outlet…

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…

5-24. Committees. 1. The Board may appoint, or empower the Chairman to appoint, from its members such subcommittees as it may deem necessary for the expeditious handling of the affairs of the Board and may assign to standing committees such ministerial duties as the Board may dee…

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…

5-241. [Custom Grinding Service for Unenriched Corn Meal and Corn Grits.] As provided in Exemptions, § 39-29-50, an individual may obtain custom ground unenriched whole ground corn meal or corn grits if the following conditions are met: (a) The person goes to the grinding mill re…

5-25. Fidelity Bonds. All officers and employees of the Board who handle funds belonging to or under the control of the Board shall be placed under a Fidelity Bond issued by a company authorized to do business in the State of South Carolina in an amount to be fixed by the Commiss…

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…