South Carolina Administrative Code

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 …

5-495. 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…

5-50. 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. 5-51. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairm…

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 …

5-571. Prohibit Acts and Exemptions. The Department determines devices in service prior to January 1, 1995 qualify for the exemptions listed in the Uniform National Type Evaluation Regulations, handbook 130, Section 4. HISTORY: Added by State Register Volume 32, Issue No. 5, eff …

5-572. Definition of Director. For the purposes of carrying out the provisions under the Uniform National Type Evaluation Regulations, the term ‘‘Director’’ shall mean the Commissioner of Agriculture for the South Carolina Department of Agriculture. HISTORY: Added by State Regist…

5-580. Advertising. 1. It shall be unlawful to use the name of the South Carolina Department of Agriculture or any of its Divisions for advertising purposes; when such advertising is in connection with the Department’s laboratory reports on test analyses of samples of food, feed,…

5-581.01. Records. 1. A licensed grain dealer must maintain complete and sufficient records to show all purchases, sales, and payments for grain purchased. 2. The licensed grain dealer shall keep available for examination all books, records, and accounts as required by this Depar…

5-581.02. Scale Tickets. 1. The licensed grain dealer who has a scale or regular access to a scale shall have issued a scale ticket for each movement of grain that is delivered to him or delivered out from his possession. A copy of which shall be held on file by the dealer at his…

5-581.03. Contracts. 1. All purchases of grain from producers, other than grain paid for at time of delivery by U.S. currency, or cashier’s check, shall be supported by cancelled check(s) or by a written contract(s) or by any other written documentation required by the Commission…

5-582. Frozen Desserts. All manufacturers of frozen desserts obtaining a license from the Department of Agriculture shall post such license in a conspicuous place in their manufacturing establishment so as to be easily read by the public. 5-583. Moisture Meter Tolerance. The basi…

5-585. Public Weighmaster Law. 1. No person shall engage in the business of public weighing or measuring for hire or award unless duly licensed by the Commissioner of Agriculture pursuant to the provisions of § 39-11-10, Code of Laws for South Carolina, 1976. 2. Public weighmaste…

5-586. Grain Grading. (Statutory Authority: 1976 Code § 46-42-70) (1) The Commissioner of Agriculture hereby adopts and approves the use of the United States Standards for grain for the official grading of grains and oilseeds in this State. Any other procedures or standards must …

5-60. Definitions. 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 …

5-611. Production Price. a. The average production price shall be posted on the Department’s website and will be available in the Commissioner’s Office at least annually when all information needed to compute the average production price becomes available. This average production…

5-612. Annual Milk Production Certification. The Department shall provide a form to be filled out and signed by all dairy producers filing for the Milk Producer Tax Credit. This form shall certify the amount of milk produced and sold by a specific producer for the entire taxable …

5-613. Disputes Regarding Milk Producer Tax Credit Qualification. All disputes regarding the credit or refund under the Milk Producer Tax Credit program shall be in accordance with the regulations and policies of the S.C. Department of Revenue. HISTORY: Added by State Register Vo…

5-70. Administration. Administrative policy for this Order is the responsibility of the South Carolina Cucumber Board composed of seven (7) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee(s) or agent(s) as i…

5-80. Principal Place of Business. The principal place of business of the South Carolina Cucumber Board shall be its office at P. O. Box 479, Burton, South Carolina. 5-81. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secr…

5-86. 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. 3 and the Agricultural Commodities Market…

5-90. 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) and as amended in 1970 (R1072, R1073, R1080). b. ‘‘Affected area’’ and ‘‘…

5-93. 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 in § 46-17-310 upon swine produced in the State and sold by the producer for s…

7-200. General Provisions. Title 61 of the South Carolina Code of Laws concerns the regulation of alcoholic liquor, beer and wine in the State of South Carolina. The following subsections address various general provisions applicable to the regulation of all alcoholic beverages. …

7-201. Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses. Code Sections 61-4-525, 61-6-185 and 61-6-1825 set forth the requirements a person must follow when protesting the issuance or renewal of a beer and wine permit, retail liquor store license and…

7-202. Premises. The following provisions apply with respect to licenses issued pursuant to Title 61. The purpose of these provisions is the determination of the extent of the physical place where a business or entity that has been approved to hold a license undertakes the privil…

7-300. Purchases, Transfers and Deliveries to and from Retail Locations. This regulation concerns the purchases, transfers, and deliveries of alcoholic liquors to and from locations licensed to sell alcoholic liquors. 7-300.1. Deliveries by Wholesaler to Licensed Retailer Only. A…

7-301. Restrictions. This regulation concerns various restrictions that are applicable to liquor wholesalers, liquor retailers or both. The restrictions listed in the following subsections are not all inclusive. 7-301.1. Retail License by Wholesaler Prohibited—No Interest in Reta…

7-302. Underage Violations—Multiple Offenses. Whenever a licensed retail liquor dealer has been found by the South Carolina Department of Revenue to have sold alcoholic liquors to a person under the age of twenty-one years or permitted the sale of alcoholic liquors to a person un…

7-303. Measurements from Location to School, Church or Playground. Section 61-6-120, provide that a retail liquor license or a possession and consumption license may not be granted if the place of business is within three hundred feet of any church, school, or playground situated…

7-400. Definitions. A. Private residence. The term ‘‘private residence’’ shall mean a domestic establishment, home, or dwelling place wherein one resides, actually lives, lodges or abides and shall include places of temporary lodging or abode. B. Hotel room. The term ‘‘hotel room…

7-401. Requirements for Premises. This regulation concerns various requirements a retail location must meet in order to be licensed to sell minibottles for on-premise consumption. The requirements listed in the following subsections are not all inclusive. 7-401.1. [Reserved]

7-401.2. Lighting of Licensed Establishments. Every establishment licensed for the sale and consumption of alcoholic beverages in sealed containers of two (2) ounces or less, must have the bar or area used for storing and dispensing such containers properly lighted. The lighting …

7-402. Purchases of Minibottles. A. Purchase of Minibottles from Retail Liquor Dealers. In the event a Sale and Consumption of Alcoholic Liquors licensee pays a retail liquor dealer for purchases of liquor in containers of two ounces or less, or for purchases of wine, by check, s…

7-403. Private Functions. A. Lease must be written. When a separate and private area of an establishment is leased by a holder of a sale and consumption license to a specific individual or individuals for a function not open to the general public pursuant to Section 61-6-1620(B),…

7-404. Destruction of Two-ounce Containers. All holders of a license authorizing the sale and consumption of alcoholic beverages in sealed containers of two (2) ounces or less are required to destroy, as soon as reasonably possible, (1) all empty or partially empty containers of …

7-500. Merchandise Other Than for Wines or Alcoholic Liquors Cannot be Advertised or Displayed. Except as specifically authorized by statute, it is a violation to have an open container of beer, wine, or liquor in or on the premises of a licensed retail liquor store or to have a …

7-501. Open Containers of Wine as Well as Alcoholic Liquors in Retail Liquor Stores. The South Carolina Department of Revenue has determined that a violation has occurred against a retail liquor licensee if any wine as well as alcoholic liquors is found in containers in or on the…

7-600. Definitions. A. Foods. The term ‘‘foods’’ shall mean nutritive material taken into the body by means of eating and does not include liquids or drinks to which liqueurs or similar alcoholic beverages are added and served for consumption as beverages. B. Similar Alcoholic Be…

7-601. Storage and Inventory. This regulation concerns the requirements for the storage of alcoholic liquors used in the prepara- tion of food. This list of requirements is not all-inclusive. 7-601.1. Storage. All liqueurs and similar alcoholic beverages in containers of more tha…

7-602. Violations. A. Beverages to be used for Cooking Only. Any liqueurs or similar alcoholic beverages stored on the premises of a licensed establishment for cooking purposes shall be used solely and exclusively in the preparation of food for service to the public. B. Sale and …

7-700. Repealed by State Register Volume 34, Issue No. 7, eff July 23, 2010. 7-701. Restrictions on Sales. This regulation concerns the various restrictions on the sale and delivery of beer or wine. The restrictions listed in the following subsections are not all inclusive. 7-701…

7-701.3. Vending Machines for Beer Prohibited. No beer and/or wine may be sold or dispensed through any type of vending machine. 7-701.4. Wines Sold by Beer and Wine Wholesalers. Under the provisions of Section 61-4-10, wine containing alcohol not exceeding twenty-one percent (21…

7-702. Purchases, Transfers and Deliveries to and from Retail Locations. See Executive Order 2021-23 (SCSR 45-5 EO 2021-23), effective May 11, 2021, extended by Executive Order 2021-25 (SCSR 45-6 EO 2021-25), effective May 22, 2021, relating to regulatory flexibility to facilitat…

7-800. Hospitality Cabinets. Code Sections 61-6-2300 through 61-6-2370 authorize the sale by a hotel, motel, or inn of alcoholic beverages by means of hospitality cabinets located in the rooms of its guests, provided the hotel, motel, or inn is licensed to sell alcoholic beverage…