South Carolina Administrative Code

27-1074. Pesticide Samples. A. Authorized agents of the Division of Regulatory and Public Service Programs are authorized to collect official samples of pesticide products manufactured, distributed, sold, or held for sale within the State. B. Authorized agents of the Division of …

27-1075. Restricted Use Pesticide Classifications. A. The State may adopt the same list of restricted use pesticides and use patterns established by the U. S. Environmental Protection Agency. B. The pesticides and use patterns restricted in the State are those so classified by th…

27-1076. Licensing of Pesticide Dealers and Dealer Records Maintenance. A. No person younger than eighteen (18) years-old will be licensed as a pesticide dealer. B. Pesticide dealers must pass a written examination, unless already certified as commercial applicators. C. Pesticide…

27-1077. Certification and Licensing of Private Applicators. A. No person younger than eighteen (18) years-old will be licensed as a private applicator. In hardship cases, however, persons under the age of eighteen (18) may be licensed at the discretion of the Director after appr…

27-1078. Certification and Licensing of Commercial Applicators. A. No person younger than eighteen (18) years-old will be licensed as a commercial applicator. B. Commercial applicators must demonstrate to the Director the financial responsibility required by law, before the Direc…

27-1079. Certification and Licensing of Noncommercial Applicators. A. No person younger than eighteen (18) years-old will be licensed as a noncommercial applicator. B. Noncommercial applicators are not required to demonstrate the same financial responsibility required of commerci…

27-108. Penalties. Under provisions of the Act creating a State Crop Pest Commission, approved March, 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by law. 27-109. Regulated Areas. A. Gen…

27-1080. Exemptions from the Requirement of a License and of Certification. A. Doctors of veterinary medicine applying pesticides to animals during the normal course of their practice are exempt from the requirements of certification and licensing provided that they are not regul…

27-1081. Safe Handling, Storage, Display and Distribution of Pesticides. A. The distribution of pesticides which have been classified for restricted use must be made only to the following: (1) Licensed pesticide dealers; (2) Licensed certified applicators; and (3) Persons exempt …

27-1082. Disposal of Pesticides and Pesticide Containers. Unwanted pesticides and pesticide containers must be disposed of in accordance with the regulations promulgated by the South Carolina Department of Health and Environmental Control. HISTORY: Amended by State Register Volum…

27-1083. Pesticide Application Assurance, Vehicle Identification, Applicator Records Maintenance, and Direct Supervision. A. At each customer’s request, all licensed commercial and non-commercial pesticide applicators are hereby required to provide the following information: (1) …

27-1084. Denial, Suspension or Revocation of a License or Certification; Assessment of Criminal Penalties. A. Each of the following acts shall be considered a violation of the South Carolina Pesticide Control Act, in addition to those mentioned in the Act, and shall constitute gr…

27-1085. Standards for Prevention or Control of Wood-destroying Organisms. A. Every person performing either preventive measures against or control measures for termites and other wood-destroying organisms (both insects and fungi) on the property of another must follow at a minim…

27-1090. Definitions [applicable to Backflow Prevention Act, Chemigation Act]. (Statutory Authority: 1976 Code § 46-1-140) A. ‘‘Anti-Siphon Device’’ means any equipment designed to prevent backflow of chemicals into any water supply. B. ‘‘Check Valve’’ means a device effectively …

27-1091. Enforcement [of Backflow Prevention Act, Chemigation Act]. (Statutory Authority: 1976 Code § 46-1-140) A. Regulatory and Public Service Programs, Division of Agriculture and Natural Resources, Clemson University, hereafter referred to as Regulatory Programs, has responsi…

27-1092. Specifications and Records [pertaining to Backflow Prevention Act, Chemiga- tion]. (Statutory Authority: 1976 Code § 46-1-140) A. The anti-siphon devices required by these regulations and the act to be installed: check valve, vacuum breaker, low pressure drain, and mecha…

27-1096. Reporting and Location of Cotton Acreage. A. All cotton producers in the State shall submit a preliminary Cotton Acreage Reporting Form (PCARF), as approved by the Commission, by May 1 (except when May 1 falls on a state or federal holiday or on a weekend, in which case …

27-1097. Participation in Program, Payment of Fees, Collections, Penalties. A. All cotton producers in the State are required to participate in the eradication/containment program. Participation shall include timely reporting of acreage and field locations, maintenance of access …

27-1098. Definitions. (Statutory Authority: 1976 Code § 46-10-30) For the purpose of this Section, in addition to definitions contained in Chapter 46-10-20 of the Boll Weevil Eradication Act, the following shall apply: A. ‘‘Boll Weevil Eradication Foundation of South Carolina, In…

27-1099. Regulated Articles. (Statutory Authority: 1976 Code § 46-10-30) A. The following articles are regulated: (1) The boll weevil (Anthonomus grandis Boheman) in any living stage of development; (2) Seed cotton; (3) Gin trash; (4) Used cotton equipment; (5) Any other products…

27-110. Other Regulated Areas. The entire states of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia,…

27-135. Designation of Plant Pests. 1. The Commission hereby delegates to the Director the authority to determine and implement appropriate measures to eradicate, control, or slow the spread of plant pests in South Carolina. This authority extends to a decision that a plant pest …

27-137. Designation of Asian Citrus psyllid as plant pest and quarantine. 1. Asian citrus psyllid (ACP), Diaphorina citri Kuwayama, is hereby designated a plant pest, pursuant to Title 46, Chapter 9, Section 15, SC Code of Laws. 2. Effective immediately, a quarantine is placed on…

27-140. Seed Irish Potatoes The South Carolina State Crop Pest Commission, to protect the yield and quality of Irish Potatoes, does hereby promulgate the following regulation, declaring the pests, regulated area, restricted material, conditions governing the issuance and use of c…

27-141. Pests. The official listing of Seed Irish Potato pests in SC shall be maintained and made publicly available on Clemson’s website located at: www.clemson.edu/invasives. HISTORY: Amended by State Register Volume 39, Issue No. 6, Doc. No. 4490, eff June 26, 2015.

27-142. Regulated Areas. All states of the United States, including South Carolina. All territories of the United States. 27-143. Restricted Material. All certified Irish potatoes intended for seed purposes and sold, offered for sale, or distributed as such. 27-144. Conditions Go…

27-147. Penalties. Any person, firm, or corporation found guilty of violating the provisions of this regulation shall be subject to the penalties provided for by Section 6 of An Act to Create a State Crop Pest Commission of South Carolina. ARTICLE 11 SWEET POTATOES

27-150. [Regulations Promulgated.] 1. All persons desiring to sell, barter, or give away sweet potatoes for seed purposes or who expect to bed sweet potatoes for the purpose of selling plants must have at least three inspections by the South Carolina State Crop Pest Commission an…

27-160. Plant Nursery Regulation. A. Definitions (1) Application: The process of notifying the Department of Plant Industry that certification is needed and fulfilling all other Department requirements associated therewith. (2) Certification: The successful completion of the Appl…

27-161. Nursery Grower Certification Process. Nursery Grower Certificates are required for all Nurseries defined as Nursery Growers. The Nursery Grower Certification Process requires successful completion of the Application, Inspection, and Registration sections below for all Nur…

27-162. Nursery Dealer Certification Process. Nursery Dealer Certificates are required for all Nurseries defined as Nursery Dealers. The Nursery Dealer Certification Process requires successful completion of the Application, Inspection, and Regis- tration sections below for all N…

27-163. Nursery Stock Shipment. Nursery Stock shipment to and from Nursery Growers and Nursery Dealers in South Carolina must adhere to all requirements of this section. Nursery Certificate Tags, whether self-printed by the Nursery or pre-printed by the Department, must meet Depa…

27-164. Penalties. Any person who violates the provisions of these regulations shall become subject to a stop sale, use, or distribution order pursuant to 46-33-100. HISTORY: Added by State Register Volume 41, Issue No. 5, Doc. No. 4655, eff May 26, 2017. Amended by SCSR 42-5 Doc…

27-174. Filler. 1. That any inert filler which bears a color similar to recognized materials furnishing primary, secondary, minor, or trace nutrients is deemed and declared objectionable as a component of any mixed fertilizer, in that its use has the effect of deceiving the purch…

27-178. Maximum Chlorine in Fertilizers Branded for Tobacco. 1. The maximum chlorine guarantee permitted in tobacco plant bed fertilizer shall be .50 percent for grades containing less than 12 percent nitrogen (N) and 1.50 percent for grades containing 12 or a greater percent of …

27-181. Investigational Allowances or Tolerances and Penalties. A. A penalty shall be assessed when the found analysis indicates a deficiency of five percent (5%) or more of the guarantee for calcium carbonate equivalent. The registrant shall refund to the purchaser a penalty equ…

27-182. Requirements for Distribution, Labeling and Sale of ‘‘Soil Amendments’’. (Statutory Authority: Chapter 9, Title 46, 1976 Code) A. Definition of Terms (1) For the purpose of this regulation, the term ‘‘commission’’ means the State Crop Pest Commission or an officer or empl…

27-184. Sampling. (Statutory Authority: 1976 Code § 46-25-710) Sampling equipment and procedures shall be those adopted by the Association of Official Analytical Chemists wherever applicable. Minor departure from those procedures may be authorized by the Board or its duly authori…

27-185. Analysis. (Statutory Authority: 1976 Code § 46-25-710) Methods of analysis shall generally be those adopted by the Association of Official Analytical Chemists. In cases not covered by such methods, or in cases where methods are not available in which improved applicabilit…

27-190. General Certification Standards. (Statutory Authority: 1976 Code Section 46-21-625) In order to qualify as a seed certifying agency for purposes of section 101(a)(24) of the Federal Seed Act (7 U.S.C. 1551) the Fertilizer Regulatory and Certification Services of Clemson U…

27-195. Repealed. HISTORY: Former Regulation, titled Vegetatively Propagated Forage Grass Certification Standards, had the following history: Amended by State Register Volume 8, Issue No. 12, eff December 28, 1984; State Register Volume 25, Issue No. 5, Part 1, eff May 25, 2001. …

27-196. Vegetatively Propagated Turf-grass Certification Standards. I. Application of General Certification Standards A. The General Certification Standards, Clemson University Regulation 27-190, are basic and applicable and together with the following specific standards, constit…

27-198. Okra Certification Standards. I. Application of General Certification Standards The General Certification Standards, Clemson University Regulation 27-190, are basic and applicable. II. Land Requirements Okra shall not be eligible for certification if planted on land where…

27-2. Quarantine Imposed on Areas Where Disease Exists. A. A quarantine is hereby placed by the Commission on all areas where disease of bees is known to exist. Also, hereafter such a quarantine shall become effective in all areas where any disease is discovered. B. The removal o…

27-20. [Inspection and Approval of Tomato Transplants.] All tomato transplants moved into South Carolina must be inspected periodically and approved as being reasonably free from injurious insects, nematodes, and plant diseases, except that no tolerance shall be allowed for late …

27-2000. Conditions Governing the Movement of Regulated Articles. A. Certificate or Permit Required A certificate or permit must accompany the movement of regulated articles from any infested area into or through any regulated area. Regulated articles originating outside an infes…

27-2001. Movement of Regulated Articles with Specified Areas. A. Regulated articles may move freely within regulated areas, provided however that no regulated article may move through an infested area to a regulated area unless adequate precautions, as determined by an inspector,…

27-2002. Disposition of Certificates and Permits. (Statutory Authority: 1976 Code § 46-10-50) In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment. HISTORY: Added by State Register Volume 8, Issue No. 2, eff …

27-2003. Movement for Scientific Purposes. (Statutory Authority: 1976 Code § 46-10-50) Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a scientific permit is obtained from the Director or his authorized offi…

27-2004. Compliance Agreement. (Statutory Authority: 1976 Code § 46-10-50) As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in growing, purchasing, assembling, exchanging, handling, processing, utilizing, treating, o…