South Carolina Administrative Code

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…

5-251. Definition of Self-rising Flour. The term ‘‘self-rising flour’’ includes and shall be limited to self-rising flour which conforms to the definition and standard of identity of self-rising flour, promulgated by the Federal Security Agency (Federal Register of May 27, 1941, …

5-252. Exclusion of Certain Flour. Provided, however, that special flours not used for bread and biscuit baking, such as cake, pancake, pastry flours and other specialty flours, shall be excluded.

5-253. Labelling. All containers, such as cloth and paper bags, barrels, and other containers for white flour and for self-rising flour must be labelled in accordance with the Federal Security Agency’s regulations for foods for special dietary uses (Federal Register November 29, …

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…