South Carolina Administrative Code

5-307. Food: Labeling, Designation of Ingredients. The name of an ingredient (except a spice, flavoring, or coloring which is an ingredient of a food other than one sold as a spice, flavoring, or coloring), required by § 39-25-110(i)(2) to be borne on the label of a food, shall b…

5-319. [Where Statement Must Appear.] A statement of artificial flavoring, artificial coloring, or chemical preservative shall be placed on the food, or on its container or wrapper, or on any two or all of these, as may be necessary to render such statement likely to be read by t…

5-330. Cosmetics; Labeling; Misbranding. Among representations in labeling of a cosmetic which render such cosmetic misbranded is a false or misleading representation with respect to another cosmetic or a food, drug, or device. 5-331. [Misleading Labeling Defined.] The labeling o…

5-335. [Statement of Manufacturer No Relief from Misleading Label Requirement.] The requirement that the label shall contain the name and place of business of the manufacturer, packer or distributor shall not be considered to relieve any cosmetic from the requirement that its lab…

5-340. [Statement to Show Minimum Quantity or Average Quantity.] The statement shall express the minimum quantity, or the average quantity, of the contents of the package. If the statement is not so qualified as to show definitely that the quantity expressed is the minimum quanti…

5-360. Definitions. The definitions and interpretations contained in § 39-25-20 of the South Carolina Food and Cosmetic Act are applicable to such terms when used in these Regulations. The following definitions shall also apply: (1) ‘‘Act’’ means the South Carolina Food and Cosme…

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…

5-394. (c) The signal word and statement of hazard shall be in capital letters. The size of the signal word (and the word, ‘‘poison’’, if required) shall be of a size bearing a reasonable relationship to the other type on the main panel, but shall not be less than 18 point type, …

5-397. The number of animals tested shall be sufficient to give statistically significant results and be in conformity with good pharmacological practice. (4) Any substance that is ‘‘toxic’’ (but not ‘‘highly toxic’’) on the basis of human experience. (f) Irritants. The term ‘‘ir…

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…

5-405. 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…

5-414. 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. (…

5-419. (9) Porous-tip ink-marking devices are exempt from the labeling requirements of § 23-39-20( o )(1) and 5-394(b)(8)(ii) and (iii) and (4) insofar as such requirements would be necessary because the ink contained therein is a toxic substance as defined in 5-390(e)(1); and/or…

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 …

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…

5-440. 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…

5-450. 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…

5-453. 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…

5-46. 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. …

5-477. Size of Sample. A. The following are minimum weights of samples of seed to be submitted for analysis, test, or examination: (1) Two ounces of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these. (2) Five ounces of red or crimson clove…

5-478. Variety. A. When submitting samples for test the kind and variety should be given when known. HISTORY: Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.

5-479. Information on Tags. A. The standard tag for agricultural seed shall contain the following information in the format shown: Kind & Variety Origin Net Wt. Lot No. Pure Seed % Germination % Inert Matter % Hard or Dormant Seed % Other Crop Seed % Coating Material % Treatment …

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…