South Carolina Administrative Code

5-304. Food: Labeling; Prominence of Required Statements. 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 § 39-25-110(f) by reason (among other reasons) of: (a) The f…

5-305. [Insufficiency of Label Space.] No exemption depending on insufficiency of label space, as prescribed in regulations promulgated under § 39-25-110(i), shall apply if such insufficiency is caused by: (a) The use of label space for any word, statement, design, or device whic…

5-306. [Language of Label.] (a) 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; (b) If the label contains any representation in a foreign language, all words, s…

5-307. Food: Labeling, Designation of Ingredients. The name of an ingredient (except a spice, flavoring, or coloring which is an ingredient of a food other than one sold as a spice, flavoring, or coloring), required by § 39-25-110(i)(2) to be borne on the label of a food, shall b…

5-308. [Designation of Spices, Flavorings and Coloring.] No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, within the meaning of such term as commonly understood by consumers. The te…

5-309. [Designation if Both a Spice and Coloring or Flavoring and Coloring.] An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, as the case may be, unless such ingredient is…

5-31. South Carolina Sweet Potato Board. 1. Establishment and Membership. A Sweet Potato Board is hereby established with such powers and duties as are authorized by § 46-17-270 and by Section 6 of this regulation. The Board shall be composed of seven (7) producer members elected…

5-310. [Fabricated Foods.] In the case of fabricated foods, including mixtures of food ingredients, where the proportion of an expensive ingredient or ingredients present has a material bearing on price or consumer acceptance, the label of such food shall bear a quantitative stat…

5-311. [Assortment Packages.] In the case of an assortment of different items of food, when variations in the items which make up different packages packed from such assortment normally occur in good packing practice, and when such variations result in variations in the ingredien…

5-312. [Exemption from Ingredient Listing Requirement.] A food, while held for sale, shall be exempt from the requirements of clause (2) of § 39-25-110(i) (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or …

5-313. [Exemption for Propylene Glycol or Glycerin.] Propylene glycol or glycerin present in quiescently frozen confections because of use as a carrier for food-grade emulsifiers and stabilizers is exempt from the requirements of § 39-25-110(i)(2) (requiring a declaration on the …

5-314. [Listing Ingredients in Order of Decreasing Predominance.] Ingredients shall be listed by common or usual name in order of decreasing predominance. The declaration shall be presented on any appropriate information panel in adequate type size, without obscuring design, vign…

5-315. Special Dietary Uses. (a) The term ‘‘special dietary uses’’ as applied to food for man, means particular (as distinguished from general) uses of food, as follows: (1) Uses for supplying particular dietary needs which exist by reason of a physical, physiological, pathologic…

5-316. Food Labeling; Number of Servings. (a) The label of any package of a food which bears a representation as to the number of servings contained therein shall bear in immediate conjunction with such statement, and in the same size type, a statement of the net quantity (in ter…

5-317. Food Labeling; Artificial Flavoring or Coloring, Chemical Preservatives. (a) The term ‘‘artificial flavoring’’ means a flavoring containing any rapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice. (b) The te…

5-318. [No Exemption for Unpackaged Food.] A food which is subject to the requirement of § 39-25-110(k) shall bear labeling, even though such food is not in package form.

5-319. [Where Statement Must Appear.] A statement of artificial flavoring, artificial coloring, or chemical preservative shall be placed on the food, or on its container or wrapper, or on any two or all of these, as may be necessary to render such statement likely to be read by t…

5-32. Marketing Order Purposes. 1. Uniform Grading. a. The Board, with the assistance of the Commission, and subject to the provisions of the Act, is hereby authorized to require and enforce the uniform grading of all sweet potatoes sold or offered for sale in the affected area, …

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