South Carolina Administrative Code

5-480. Seed in Hermetically Sealed Containers. A. For agricultural and vegetable seeds labeled and packed in hermetically sealed containers, the nine months limitation of date of test in 5-474 is extended as provided therein. B. The germination test for agricultural and vegetable…

5-481. Treated Seeds. A. The term ‘‘treated’’ means that the seed has been given an application of a substance or subjected to a process designed to reduce, control, or repel certain disease organisms, insects, or other pests attacking such seeds or seedlings grown therefrom, or …

5-482. Fees and Services. A. Fee Schedule: (1) Licensing in accordance with Section 46-21-40: $10,000.01 or more $500 $10,000 - $5,000.01 $200 $ 5,000 - $2,500.01 $100 $ 2,500 or less $50 B. Explanation of Services: (1) Official samples, as defined by S.C. Code § 46-21- 15(29), w…

5-483. Flower Standards. A. The kinds of flower seeds listed below are those for which standard testing procedures have been prescribed and which are therefore required to be labeled in accordance with the germination labeling provisions Section 46-21-210 et al. (1) The percentag…

5-490. Definitions. A. ‘‘Commissioner’’ means the South Carolina Commissioner of Agriculture. B. ‘‘Inspector’’ means the field representative duly appointed by the Commissioner and bonded for faithful performance of duty. C. ‘‘Manager’’ means the person authorized by the warehous…

5-491. Inspectors, Warehousemen. A. An adequate number of inspectors shall be employed for the proper inspection of all warehouses and the commodities stored therein at least once every three months. B. Each inspector shall make a thorough study of the statutes, rules and regulat…

5-492. Warehouses. A. No building shall be licensed as a State Warehouse except upon a survey duly filled out by the person in charge of the same, showing the location, nearest post office, the County and State, and giving the construction, size, approximate capacity, together wi…

5-493. Receipts. A. All receipts for commodities stored in a State Warehouse shall be made out with pen and ink or indelible pencil and shall be signed by the authorized manager with pen and ink, indelible pencil or with a mechanical device approved by the Commissioner. Computer …

5-494. Scale Tickets. A. The manager shall have issued a scale ticket for each movement of grain in or out of the licensed State warehouse. Where grain is received or shipment is made by rail car, ship, or other means and the issuance of weigh or scale tickets is not feasible, th…

5-495. Daily Records. A. Each warehouseman shall maintain a daily account or settlement sheet to show the movement of grain for each depositor of grain to the licensed State warehouse. Such records shall be kept on forms approved by and as directed by the South Carolina Departmen…

5-496. General. A. If a State Licensed Warehouse purchases or contracts for purchase any grain as it is deposited or before said grain is delivered to the warehouse, the manager or owner(s) of the licensed warehouse shall make application to the South Carolina Department of Agric…

5-497. Procedures for Filing Claims. A. When the Department has been notified or otherwise determines that a default or other loss or insolvency has occurred, it shall notify all potential claimants within fifteen days of the determination of loss or default and provide them with…

5-5. Information Reports. 1. 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 pur…

5-50. Principal Place of Business. The principal place of business of the South Carolina Sweet Potato Board shall be its temporary office at the State Farmers Market, Columbia, South Carolina.

5-500. Standard Weights of Commodities. The following shall be the legal and uniform standard weights and measures in South Carolina for the sale and purchase of the following named products of the farm, orchard, or garden and articles of merchandise: COMMODITY POUNDS PER BUSHEL …

5-51. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secretary-Treasurer, each of whom shall be a member of the Board. A. The officers of the Board shall be elected annually at its first meeting after July 1st. Provided, ho…

5-52. Employees and Their Duties. 1. The employees of the Board shall be a Manager, either a part-time or full-time, who shall also be the Assistant Secretary-Treasurer and such other employees or agents as the Board may designate. 2. The duties of the Manager shall be as follows…

5-53. Meetings. 1. Regular meetings of the Board shall be held at least quarterly at the offices of the Board, unless otherwise ordered by the Board or the Chairman. 2. Special meetings of the Board may be held whenever called by the Chairman, or by the Vice- Chairman acting as C…

5-54. Committees. 1. The Board may appoint, or empower the Chairman to appoint, from its members such committees as it may deem necessary for the expeditious handling of the affairs of the Board and may assign to standing committees such ministerial duties as the Board may deem p…

5-55. Fidelity Bonds. All officers and employees of the Board who approve items for payment shall be placed under a Fidelity Bond issued by a company authorized to do business in the State of South Carolina in an amount to be fixed by the Commission and the Board and the premium …

5-56. Procedures and Transaction of Business. The Board, when in session, shall be governed in its deliberations in the transaction of its business by the rules and regulations herein provided, and by the provisions of Marketing Order No. 2 and the Agricultural Commodities Market…

5-57. Powers of the Board. Any officer, agent, or employee appointed, elected, or employed by the Board shall be subject to removal or suspension by the Board at any time. No officer, member, employee or agent of the Board shall have the authority to commit the Board unless such …

5-571. Prohibit Acts and Exemptions. The Department determines devices in service prior to January 1, 1995 qualify for the exemptions listed in the Uniform National Type Evaluation Regulations, handbook 130, Section 4. HISTORY: Added by State Register Volume 32, Issue No. 5, eff …

5-572. Definition of Director. For the purposes of carrying out the provisions under the Uniform National Type Evaluation Regulations, the term ‘‘Director’’ shall mean the Commissioner of Agriculture for the South Carolina Department of Agriculture. HISTORY: Added by State Regist…

5-58. Compensation and Expense of Board Members. 1. The members of the Board shall be reimbursed for expenses necessarily incurred by them in the performance of their duties and shall receive per diem at the rate of $15 a day. 2. It shall be the responsibility of each person fili…

5-580. Advertising. 1. It shall be unlawful to use the name of the South Carolina Department of Agriculture or any of its Divisions for advertising purposes; when such advertising is in connection with the Department’s laboratory reports on test analyses of samples of food, feed,…

5-581. Dealers and Handlers of Agricultural Products. 1. Any person, association, itinerant dealer, copartnership or corporation who purchases or handles agricultural products for South Carolina farmers and pays for such products by means of a check or on a contract basis are req…

5-581.01. Records. 1. A licensed grain dealer must maintain complete and sufficient records to show all purchases, sales, and payments for grain purchased. 2. The licensed grain dealer shall keep available for examination all books, records, and accounts as required by this Depar…

5-581.02. Scale Tickets. 1. The licensed grain dealer who has a scale or regular access to a scale shall have issued a scale ticket for each movement of grain that is delivered to him or delivered out from his possession. A copy of which shall be held on file by the dealer at his…

5-581.03. Contracts. 1. All purchases of grain from producers, other than grain paid for at time of delivery by U.S. currency, or cashier’s check, shall be supported by cancelled check(s) or by a written contract(s) or by any other written documentation required by the Commission…

5-582. Frozen Desserts. All manufacturers of frozen desserts obtaining a license from the Department of Agriculture shall post such license in a conspicuous place in their manufacturing establishment so as to be easily read by the public.

5-583. Moisture Meter Tolerance. The basic maintenance and acceptance tolerance for all moisture meters or any other measuring device used to determine the moisture content of grain or soybeans offered or exposed for sale shall be 0.75 percent of the official test sample.

5-584. Noxious Weeds and Plants. The following plants are declared noxious: (1) Water Hyacinth—Eichhornia crassipes (2) Alligatorweed, Pig Weed—Alternanthera philoxeroides (3) Water Chestnut, Water Nut—Trapa natans (4) Brazilian Elodea—Egeria densa Planch (5) Hydrilla—Hydrilla ve…

5-585. Public Weighmaster Law. 1. No person shall engage in the business of public weighing or measuring for hire or award unless duly licensed by the Commissioner of Agriculture pursuant to the provisions of § 39-11-10, Code of Laws for South Carolina, 1976. 2. Public weighmaste…

5-586. Grain Grading. (Statutory Authority: 1976 Code § 46-42-70) (1) The Commissioner of Agriculture hereby adopts and approves the use of the United States Standards for grain for the official grading of grains and oilseeds in this State. Any other procedures or standards must …

5-59. Amendments. The Board may amend these By-Laws at any meeting of the Board in accordance with the prescribed voting procedure. However, at least five days’ notice shall be given to all members of the Board that such amendment will be considered. SUBARTICLE 3 FRESH MARKET CUC…

5-6. Continuance. Prior to the completion of each three (3) calendar years from the effective date of this Order, or the completion of three (3) complete soybean marketing seasons, whichever shall be the longer period, the Commission shall resubmit this Order to a referendum of a…

5-60. Definitions. Definition of Terms. Terms used in this marketing order shall be as defined in the Act and as follows: a. ‘‘Act’’ means the South Carolina Agricultural Commodities Marketing Act of 1968 (R1363, H2681). b. ‘‘Affected area’’ means and includes the entire area of …

5-61. South Carolina Cucumber Board. 1. Establishment and Membership. A cucumber 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 as prov…

5-610. Definitions. a. Class I Price of fluid milk means the Uniform Milk price in South Carolina published by the USDA. b. Producer means any individual, farm, corporation or other legal entity that produces and sells milk produced from his own cows. c. Department means the S.C.…

5-611. Production Price. a. The average production price shall be posted on the Department’s website and will be available in the Commissioner’s Office at least annually when all information needed to compute the average production price becomes available. This average production…

5-612. Annual Milk Production Certification. The Department shall provide a form to be filled out and signed by all dairy producers filing for the Milk Producer Tax Credit. This form shall certify the amount of milk produced and sold by a specific producer for the entire taxable …

5-613. Disputes Regarding Milk Producer Tax Credit Qualification. All disputes regarding the credit or refund under the Milk Producer Tax Credit program shall be in accordance with the regulations and policies of the S.C. Department of Revenue. HISTORY: Added by State Register Vo…

5-62. Marketing Order Purposes. Price Posting. a. The Board with the assistance of the Commission and subject to the provisions of the Act, is hereby authorized to establish a price posting committee, hereafter called the Committee, composed of three or more members of the Board.…

5-63. 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 cucumbers produced in the affected area an annual assess…

5-64. Information Reports. 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 purpo…

5-65. Continuance. Continuance. Prior to the completion of each five (5) calendar years from the effective date of this Order, the Commission shall resubmit this order to a referendum of affected producers and shall require that said affected producers reassent to the continuance…