South Carolina Administrative Code

5-424. Dissemination of News of Financial Irresponsibility. Whenever an instance of financial irresponsibility has been verified by the South Carolina Depart- ment of Agriculture, all sales establishments which have scheduled markets during the ensuing two days will be contacted …

5-425. Penalties. Upon receipt of evidence that a public livestock sales establishment operator has violated any provision of Article 5 of Chapter 11 of Title 47 of the 1976 Code or these Rules and Regulations, the Commissioner or his authorized representative shall give notice t…

5-426. Injunction Issuance. The display of a license that has been revoked or any attempt by an operator to conduct business in a public livestock sales establishment wherein a license has not been obtained or which has been revoked will result in immediate action by the Commissi…

5-43. Refunds. A. Any producer may request a refund provided the request is made in writing and in the hands of the Commission within 30 days from the date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided tha…

5-430. Tests. 1. The Babcock Test is declared the official method to be used in compliance with this act. One modification is permitted but not required. Nine milliliters of a 50% quaternary ammonium compound preparation may be added to each liter of the sulfuric acid regularly u…

5-431. Weighing. 1. Scales must always be properly balanced, kept in good working condition, and easily readable. All measuring and weighing equipment used in the plant must comply with the requirements of the South Carolina Weights and Measures Law. 2. The weight of milk and/or …

5-432. Equipment and Supplies. All glassware, equipment and supplies for Babcock testing must meet the U.S. Bureau of Standards specifications as outlined in the appendix of ‘‘Techniques of Dairy Plant Testing’’ by E. F. Goss.

5-433. Sampling Milk and Cream. 1. Milk and/or cream to be tested must be thoroughly mixed before sampling. 2. When daily tests of each delivery are made, the sample must contain not less than 60 milliliters of milk and/or cream. The remaining portion of the daily sample must be …

5-434. Sample Containers. 1. Composite samples must be put in approved, airtight, round bottles which must be clean, dry, and free from cracks or chips. The sample bottles must have sloped shoulders with the neck not less than 1 3 ⁄4 inch in diameter and fitted with a tight rubbe…

5-44. Packaging and Labeling. A. Packaging and labeling (section 2 of 5-32) requirements shall be effective February 1, 1970. B. Only the following containers shall be allowed for marketing sweet potatoes in South Carolina: (1) Bushel baskets, (2) Du-All cartons, (3) Corrugated p…

5-440. Registering of Gasoline. 1. All gasoline sold, offered or exposed for sale or distribution in South Carolina must be registered by each identifying brand name on registration blanks furnished by the South Carolina Department of Agriculture. 2. Any visual publicity or news …

5-444. Definitions. 1. STM International - (American Society for Testing & Materials) means the international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and t…

5-445. Standard Fuel Specifications. 1. Gasoline and Gasoline-Oxygenate Blends - (as defined in this regulation) shall meet the following requirements: A. The most recent version of ASTM D 4814, ‘‘Standard Specification for Automotive Spark Ignition Engine Fuel,’’ except that vol…

5-446. Classification and Method of Sale of Petroleum Products. 1. General Considerations. A. Documentation - When gasoline, gasoline-oxygenate blends, reformulated gasoline, M85 and M100 fuel methanol, E85 and E100 fuel ethanol, liquefied petroleum (LP) gases, compressed natural…

5-447. Retail Storage Tanks. 1. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels - Water shall not exceed 76 mm (3in) in depth when measured with water indicating paste in any tank utilized in the storage of biodiesel, diesel, gasoline, gasoline-ether blends, and kerose…

5-448. Condemned Product. 1. Stop-Sale Order at Retail - A stop-sale order may be issued to retail establishment dealers for fuels failing to meet specifications or when a condition exists that causes product degradation. A release from a stop-sale order will be awarded only afte…

5-449. Product Registration & Test Methods. 1. Engine Fuels Designed for Special Use - All engine fuels designed for special use that do not meet ASTM specifications or standards addressed in Section 2 shall be registered with the Director on forms prescribed by the Director 30 d…

5-45. Uniform Grading. A. Effective February 1, 1970, only the following grades of sweet potatoes shall be permitted to be sold in South Carolina: (1) U.S. No. 1, (2) U. S. No. 2, (3) Jumbo, (4) Commercial and (5) Field Pack. B. Exempt from the above requirements are sweet potato…

5-450. Scope and Administration of Program. 1. Scope of Program. The Roadside Market Incentive Program is a voluntary participation program designed to improve Roadside Markets, to improve the quality of merchandise sold, to promote safety and eliminate traffic hazards around suc…

5-451. Roadside Market. A Roadside Market within the meaning of these regulations shall include all stores or markets which primarily sell agricultural commodities to the public. A portion of the products offered for sale must include those grown or produced in South Carolina.

5-452. Applications. 1. Application for Participation. The proprietor of any roadside market as herein defined, or a partner or officer where such market is owned by a partnership or corporation, may apply to the Commissioner of Agriculture for participation in this program, such…

5-453. Signs. 1. Display of Sign. Upon approval as a participating market, the Department of Agriculture shall furnish each approved market a sign evidencing such approval. The sign shall at all times remain the property of the Department of Agriculture. 2. Misuse or Wrongful Dis…

5-454. Market Design. No market shall be approved or retain approval unless the external and internal appearance of the market is at least equal to that of a produce stand as designed by the Cooperative Extension Service, State of South Carolina, as shown on Drawing No. EX 5983 w…

5-455. Location. 1. Driveway Permits. Newly established markets must have an approved commercial driveway permit from the State Highway Department for any site which an application is filed and a copy of such permit shall be submitted with the application for participation. 2. Vi…

5-456. Sanitation and Cleanliness Standards. All markets must strictly comply with the South Carolina Food Laws insofar as they are applicable, as well as with all other applicable laws, rules and regulations dealing with sanitation, cleanliness and marketing conditions.

5-457. Product Quality. 1. Sale of Culls. Unwholesome, spoiled or damaged food or produce which is unfit for human consumption shall not be offered for sale at any Roadside Market. 2. False Packs Prohibited. Produce or other agricultural products packaged with the topping or faci…

5-458. Fair and Honest Marketing Practices. 1. Fraudulent or Dishonest Practices. When any operator or employee of any participating Roadside Market is found to have engaged in fraudulent or dishonest practices in a Roadside Market or to have permitted others to do so, in additio…

5-459. Effect of Violations of These Rules and Regulations. The violation of any provisions of these Rules and Regulations shall constitute grounds for disapproval of any application for participation or for revocation of any approval previously granted.

5-459.1. Agreement Between South Carolina Department of Agriculture Roadside Market Incentive Program and its Members. The following AGREEMENT between the undersigned parties represents a clear understanding on the part of both parties toward the most successful and effective ope…

5-46. Authority. A. The authority for the rules and regulations contained herein comes under Marketing Order No. 2 for South Carolina sweet potatoes issued November 10, 1969, and the Agricultural Commodities Marketing Act of 1968. C. BY-LAWS OF THE SOUTH CAROLINA SWEET POTATO BOA…

5-460. Standard for Agricultural Seeds. A. All agricultural seeds shall have a standard germination of 75% except: (1) Crotalaria; (2) Dallis grass; (3) Centipede grass; (4) Pensacola Bahia grass; (5) Cottonseed; (6) Peanuts. B. Agricultural seeds showing a germination less than …

5-461. Exception. A. The germination standard for Crotalaria shall be 65%. (1) Crotalaria showing less than 65% and above 39% in germination must be labeled ‘‘Below Standard in Germination.’’ (2) Crotalaria showing less than 40% germination cannot be sold in South Carolina. (3) H…

5-462. Noxious Weeds. A. Noxious weeds shall be seeds or bulbs of the following: Single Common Name Scientific Name Limitations Balloonvine Cardiosperm Halicacabum L. Prohibited Bermuda Grass Cynodon Dactylon 200 per lb. Bindweed Field Convolvulus Arvensis Prohibited Bindweed Hed…

5-463. Prohibited Seeds. A. Agricultural seeds will be prohibited from sale when such seeds contain more than two (2) per cent by weight of all weed seed. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-464. Standard Germination for Vegetable Seeds. A. All vegetable seeds shall show the percentage of germination and the minimum for ‘‘Standard Germination’’ for vegetable seeds shall be as follows: Kind Percentage Anise 50% Artichokes 60% Asparagus 70% Basil, Sweet 70% Beans, As…

5-465. Tolerances. A. The word ‘‘approximate’’ as used in the law is hereby defined as a slight variation occurring between the analysis given on the tag or label and that found upon test of the official samples drawn therefrom. Seed shall be considered misbranded within the mean…

5-466. Labeling. A. All agricultural, vegetable and flower seeds offered or exposed for sale in South Carolina shall bear a standard tag or label except seed sold across the counter from a bin or container when such a bin or container carries a standard tag or label in full view …

5-467. Labeling of Seed Corn. A. Sale of hybrid seed corn containing T-cytoplasm is prohibited unless the percentage of T- cytoplasm is clearly indicated on the label. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-468. Inconsistent Statements. A. No statement will be permitted on the tag or container which conflicts with the requirements of the standard tag. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-469. Advertisement. A. The name of the South Carolina Department of Agriculture must not be used for advertising purposes in connection with reports on samples. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-470. Seed for Cleaning or Processing. A. Seed transported to a cleaning or processing establishment shall bear a tag stating ‘‘Seed for Cleaning or Processing.’’ HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-471. Certified Seed. A. Certified seeds shall mean seeds as defined by Section 46-21-10(f). HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-472. Mixtures. A. A mixture means seed consisting of more than one kind or variety, each present in excess of five per cent (5%) of the whole. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-473. Origin. A. The origin shall be required only when known, in accordance with Section 46-21-15(30). HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-474. Date of Test. All seed sold, offered or exposed for sale in this State shall show on the label the month and year in which the germination test was completed. (1) No more than nine calendar months for agricultural seed, except cool season grasses, shall have elapsed betwee…

5-475. Method of Testing. A. The methods of testing seed shall be as near as practical those adopted by the Association of Official Seed Analysts of North America. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-476. Sampling. A. The manner of sampling shall be as follows: (1) Bulk: Bulk seeds or screenings shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. …