South Carolina Administrative Code

27-127. Compliance Agreement. As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compl…

27-128. Inspection and Disposal. Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles ar…

27-129. Waiver of Liability. The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.

27-13. Movement of White Pines. White pines that meet the requirements of nursery inspection regulations and show no visible sign of blister-rust infection are allowed free movement.

27-130. 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.

27-131. Regulated Areas. A. Generally Infested Areas. The Entire State. HISTORY: Amended by State Register Volume 7, Issue No. 5, eff May 27, 1983; State Register Volume 8, Issue No. 10, eff October 26, 1984; State Register Volume 9, Issue No. 10, eff October 25, 1985; State Regi…

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…

27-14. Pines or Currant or Gooseberry Plants Subject to Seizure. Any pines or currant or gooseberry plants found to be moving or to have moved within this State in violation of these regulations or into this State in violation of regulations issued by the Secretary of Agriculture…

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 Governing the Issuance and Use of Certificates for the Movement of Restricted Material. Restricted material shall not be moved into, within, sold or offered for sale in the State of South Carolina unless there is firmly affixed to each container an official cer…

27-145. Inspections and Tolerances Governing Certification. FIELD INSPECTIONS At least two field inspections shall be made each year at such time as, in the judgment of the certifying agency, is most appropriate. On any one such inspection pest tolerances shall not exceed the fol…

27-146. Non-certified Seed Irish Potatoes. All other Irish potatoes entering the State of South Carolina for seed purposes which do not bear an official certification seed Irish potato tag must have attached thereto a tag prominently stating, ‘‘These potatoes are non-certified,’’…

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

27-15. Penalties. Any person, firm or corporation found guilty of violating the provisions of this quarantine shall be deemed guilty of a misdemeanor and upon conviction shall be punished by law as provided by the Crop Pest Commission Act of 1912. ARTICLE 3 TOMATO PLANTS—SHIPMENT…

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…

27-175. Plant Nutrients, Guarantees, Tolerances and Penalties. (Statutory Authority: 1976 Code § 46-25-710) A. Nitrogen, phosphorus, potassium. A fertilizer guaranteed to contain one or more of the elements, nitrogen, phosphorus, potassium shall be deemed deficient if the analysi…

27-176. Bulk Commercial Fertilizers. 1. Warehouses for the storage of bulk commercial fertilizers (dry or liquids) will be listed by each registrant as subsidiaries of his plant operations. The registrants will be responsible for the entire operation, including an adequately buil…

27-177. Liquid Commercial Fertilizers, Sampling and Labeling. 1. Each liquid commercial fertilizer stationary storage tank shall be equipped with a permanent sampling outlet, or some other outlet for sampling. 2. Each tank will be labeled to show the brand name, guaranteed analys…

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 …

27-180. Minimum Screening, Calcium Carbonate Equivalent and Landplaster Standards. All agricultural liming materials shall be classified and labeled in terms of fineness and calcium carbonate equivalent with no less than the following minimum fineness and minimum calcium carbonat…

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…

27-183. Registration Revoked When Plant Nutrient Deficiencies Are Excessive. (Statutory Authority: 1976 Code § 46-25-250) When the number of fertilizer samples taken from fertilizer sold by a registrant or a particular plant operated by a registrant is found to be deficient by mo…

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…

27-2005. Inspection and Disposal. (Statutory Authority: 1976 Code §§ 46-10-50 and 46-10-70) An inspector is authorized to stop and inspect any person or means of conveyance moving into, within, or from the State of South Carolina upon reasonable grounds to believe that such means…