South Carolina Administrative Code

5-363. Records. A record or receipt of damaged merchandise, merchandise found to be unfit, and salvaged merchandise shall be kept by salvagers and shall be kept open for inspection by the Commissioner. These records shall be kept on the premises of the salvager for a period of no…

5-364. Movement of Seized Foods and Cosmetics. (1) It shall be unlawful for foods or cosmetics held under seizure or embargo by the Commissioner to be moved to a different location without prior permission by the Commissioner. (2) All movements of seized or embargoed foods or cos…

5-365. Labeling and Relabeling. (1) All salvaged merchandise must display a proper label on the packaging unless otherwise exempted by the South Carolina Food and Cosmetic Act. Cans or packages without full labeling information shall not be sold individually or by any multiple ca…

5-366. Building Exterior and Grounds. The grounds around a salvage operation under the control of the operator or owner shall be free from conditions which may result in the contamination of food including, but not limited to, the following: (1) Improperly stored equipment, litte…

5-367. Building Construction. All salvage operations shall be performed in buildings or structures with facilities, equipment and procedures which meet the following requirements: (1) The exterior shall be so designed, fabricated, and finished as to minimize the easy entrance of …

5-368. Physical Layout Requirements. All General Salvagers must have at least the following rooms for normal operation: (1) Receiving room, (2) Reconditioning (cleaning) room and (3) Storage room for reconditioned merchandise. If retail sales are made on the premises, a separate …

5-369. Sanitation Requirements for Receiving, Reconditioning, and Storage Areas. (1) Floors shall be easily cleanable, smooth and of tight construction. Floors shall be of nonabsorbent material or shall be covered with a nonabsorbent coating. (2) The joints at floor-wall juncture…

5-370. General Requirements for Sales Areas. All foods and cosmetics displayed in the sales area (whether for sale on a retail basis or wholesale basis) shall be wholesome and unadulterated. The following shall also apply: (1) Packed foods for human consumption in cloth or paper …

5-371. Waste Disposal. (1) All liquid wastes resulting from cleaning equipment and floors, toilets, hand washing facilities, refrigeration devices, and air conditioners, shall be disposed of in a public sewage system or other approved method. (2) All garbage and rubbish containin…

5-372. Rodents, Insects, and Other Vermin. (1) All reasonable measures shall be taken to protect against the entrance, breeding or presence of rodents, birds, flies, roaches, weevils, and other vermin in a salvage operation or establishment. (2) Unwrapped foods or cosmetics shall…

5-373. Miscellaneous. The provisions of these Regulations are in addition to and are not in lieu of the provisions of law or regulations which otherwise or also apply to a Salvager. The Department shall take any other action or procedure necessary to insure that only wholesome fo…

5-380. Meat and Meat Products. Article 1 of Chapter 17 of Title 47 of the 1976 Code transfers the authority for the promulgation of rules and regulations on meat, meat food products, and meat by-products to the Director of the Livestock-Poultry Health Department of Clemson Univer…

5-390. Definitions. (a) Act. ‘‘Act’’ as used in these regulations means the South Carolina Hazardous Substances Act. (b) Hazardous substances intended or packaged in a form suitable for use in the household. ‘‘Hazardous substances intended or packaged in a form suitable for use i…

5-391. Human Experience with Hazardous Substances. Reliable data on human experience with any substance should be taken into account in determining whether an article is a ‘‘hazardous substance’’ within the meaning of the act, and when such data given reliable results different f…

5-392. Hazardous Mixtures. For a mixture of substances, the determination of whether such mixture is ‘‘hazardous’’ as defined in § 23-39-20(e) should be based on the physical, chemical, and pharmacological characteristics of the mixture. A mixture of substances may therefore be l…

5-393. Listing of ‘‘Strong Sensitizer’’ Substances. The following substances have a significant potential for causing hypersensitivity, and therefore they meet the definition for ‘‘strong sensitizer’’ as given in § 23-39-20(j): (a) Paraphenylenediamine and products containing it.…

5-394. Products Requiring Special Labeling Under § 23-39-30(b). (a) The following substances are hazardous because of their toxicity and the frequency of their involvement in accidental ingestion. (1) [Reserved]. (2) Diethylene glycol including mixtures containing 10 percent or m…

5-395. Labeling of Fire Extinguishers. When a substance or mixture of substances in a container labeled for use in or for use as a fire extinguisher produces substances that are toxic within the meaning of 5-390(e) and (f) when used according to label directions to extinguish a f…

5-396. Banned Hazardous Substances. (a) Under the authority of § 23-39-20(p)(1)(b), the Commissioner declares as banned hazardous substances the following articles because they possess such a degree of hazard that adequate cautionary labeling cannot be written and the public heal…

5-397. Testing Procedures for Hazardous Substances; Method of Testing Toxic Sub- stances. The method of testing the toxic substances named in 5-390(d) and (e) is as described in 21 Code Federal Regulations, Section 191.10.

5-398. Method of Testing Primary Irritant Substances. The method of testing primary irritant substances named in 5-390(f)(1) is as described in 21 Code Federal Regulations, Section 191.11.

5-399. Test for Eye Irritants. The method of testing for eye irritants as named in 5-390(f)(2) is as described in 21 Code Federal Regulations, Section 191.12.

5-4. 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 all soybeans grown in the State an annual assessment of o…

5-40. Administration. This Order shall be administered by the South Carolina Sweet Potato 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 it deems advisable. The…

5-400. Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open- cup Apparatus. The method of test for flashpoint of volatile flammable materials by Tagliabue open-cup apparatus, as named in 5-390(i)(1) and (2) is as described in 21 Code Federal Regulations…

5-401. Method for Determining Extremely Flammable and Flammable Solids. The method for determining extremely flammable and flammable solids as named in 5-390(j)(1) and (2) is as described in 21 Code Federal Regulations, Section 191.14.

5-402. Method for Determining Extremely Flammable Contents of Self-pressurized Con- tainers. The method for determining extremely flammable and flammable contents of self-pressurized containers as named in 5-390(k)(1) and (2) is as described in 21 Code Federal Regulations, Sectio…

5-403. Method for Determining Flashpoint of Extremely Flammable Contents of Self- pressurized Containers. The method for determining flashpoint of extremely flammable contents of self-pressurized contain- ers as named in 5-390(k)(1) and (2) is as described in 21 Code of Federal R…

5-404. Exemptions for Foods, Drugs, Cosmetics, and Fuels. (a) Foods, drugs, and cosmetics. Substances subject to the Federal Food, Drug and Cosmetic Act, or to the South Carolina Food and Drug Law, are exempted by § 23-39-20(e)(2); but where a food, drug, or cosmetic offers a sub…

5-405. Exemption from Full Labeling and Other Requirements. (a) Any person who believes a particular hazardous substance in a container intended or packaged in a form suitable for use in the household or by children should be exempted from full label compliance otherwise applicab…

5-406. Exemptions for Small Packages, Minor Hazards, and Special Circumstances. (a) The following exemptions are granted for the labeling of hazardous substances under the provisions of 5-405: (1) When the sole hazard from a substance in a self-pressurized container is that it ge…

5-407. Exemptions from Classification as Banned Hazardous Substances. (a) The term ‘‘banned hazardous substances’’ as used in § 23-39-20(p)(1)(a) of the act and 5-390 shall not apply to the following articles provided that these articles bear labeling giving adequate directions a…

5-408. Labeling Requirements—Placement, Conspicuousness, Contrast. (a) The signal word, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the main pane…

5-409. Deceptive Use of Disclaimers. A hazardous substance shall not be deemed to have met the requirements of § 23-39-20( o )(1, 2) if there appears in or on the label or in accompanying literature words, statements, designs, or other graphic materials that in any manner negates…

5-41. Assessments. A. Rate—An annual assessment of five cents per bushel shall be paid by producers and collected by the Commission with the assistance of the Board on commercial quantities of all fresh and cured sweet potatoes produced within the State of South Carolina that are…

5-410. Condensation of Label Information. Whenever the statement of the principal hazard or hazards itself provides the precautionary measures to be followed or avoided, a clear statement of the principal hazard will satisfy both the provisions of § 23-39-20( o )(e, f). When the …

5-411. Labeling Requirements for Accompanying Literature. When any accompanying literature includes or bears any directions for use (by printed word, picture, design, or combination of such methods), such placard, pamphlet, booklet, book, sign, or other graphic or visual device s…

5-412. Substances Determined to be ‘‘Special Hazards.’’ Whenever the Commissioner determines that for a particular hazardous substance intended or packaged in a form suitable for use in the household or by children, the requirements of § 23-39-20( o ) are not adequate for the pro…

5-413. Substances with Multiple Hazards. (a) Any article that presents more than one type of hazard (for example, if the article is both ‘‘toxic’’ and ‘‘flammable’’) must be labeled with an affirmative statement of each such hazard; precautionary measures describing the action to…

5-414. Label Comment. The Department will offer informal comment on any proposed label and accompanying literature involving a hazardous substance if it is furnished with: (a) Complete labeling or proposed labeling, which may be in draft form. (b) Complete quantitative formula. (…

5-415. Substances Named in the South Carolina Dangerous Substances Law. The Commissioner finds that for those substances covered by the South Carolina Dangerous Substances Law (§§ 44-53-1210 through 44-53-1250, Code of Laws of S. C., 1976), the requirement of § 23-39-20( o )(1) o…

5-416. Self-pressurized Containers: Labeling. (a) Self-pressurized containers that fail to bear a warning statement adequate for the protection of the public health and safety may be misbranded under the act, except as otherwise provided pursuant to § 23-39-30. (b) The following …

5-417. Methyl Alcohol-base Radiator Antifreeze: Labeling. (a) Methyl alcohol-base (methanolbase) radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for th…

5-418. Ethylene Glycol-base Radiator Antifreeze; Labeling. (a) Ethylene glycol-base radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for the protection …

5-419. Extremely Flammable Contact Adhesives; Labeling. (a) Extremely flammable contact adhesives, also known as contact bonding cements, when distribut- ed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warni…

5-42. Reports. A. On and after the effective date of this Order, ‘‘first buyers,’’ including handlers, processors, and distributors shall report not later than the last regular business day of the month immediately succeeding the month of collection to the Commission the total am…

5-420. Licensing. All public livestock sales establishments as defined by Article 5 of Chapter 11 of Title 47 of the 1976 Code, shall obtain on or before July 1 of each calendar year a license from the South Carolina Department of Agriculture. Applications shall be on a standard …