South Carolina Administrative Code

5-156. Procedures and Transaction of Business. The Board, when in session, shall be governed in its deliberations in the transaction of its business by the rulings and regulations herein provided, and by the provisions of Marketing Order No. 5 and the Agricultural Commodities Mar…

5-157. 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…

5-158. 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 $25 per day, or portion thereof. Subsistence expense incurred s…

5-159. 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 6 PEANUTS A. MARK…

5-160. Scope of Marketing Order. This Marketing Order is limited to programs in promotion, market development and research for mutual benefit of South Carolina peanut producers. Assessments for this Order are limited to commercial sales of peanuts amounting to $1,000 or more of a…

5-161. Definitions. Definition of Terms. a. ‘‘Act’’ means the South Carolina Agricultural Commodities Marketing Act of 1968 and as amended. b. ‘‘Affected area’’ means the entire State of South Carolina. c. ‘‘Board’’ means the South Carolina Peanut Board as established according t…

5-162. Marketing Order Purposes. 1. Promotion. Establishment of plans for advertising and sales promotion of peanuts especially in the area of domestic and international trade. The Board and the Commission shall prepare and engage in programs for promoting and advertising the sal…

5-163. South Carolina Peanut Board. 1. Establishment A Peanut Board is hereby established with such powers, duties, and procedure as are authorized by the Act. The Board shall be composed of seven (7) producer members and one (1) ex-officio member. The producer members shall be e…

5-164. Assessments. 1. Amount a. The amount of assessment to be paid by producers shall be two dollars ($2.00) per ton upon peanuts produced in the affected area. 2. Exemptions (a) Peanuts sold by producers marketing less than commercial quantities. (b) Peanuts sold by producers …

5-165. Information Reports. All persons or firms subject to the Provisions of this Order shall make and render such reports and furnish such information as required according to § 46-17-170.

5-166. Continuance. Prior to the completion of each three (3) 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 of the Ord…

5-167. Effective Time. The effective date of Marketing Order No. 6 shall be July 1, 1975. B. ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 6 FOR SOUTH CAROLINA PEANUTS

5-170. Administration. This Order shall be administered by the South Carolina Peanut Board composed of seven (7) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee or employees as it deems advisable. The Board’…

5-171. Assessments. A. Rate—An annual assessment of two dollars ($2.00) per ton shall be paid by producers and collected by the Commission with the assistance of the Board on commercial quantities of all peanuts produced within the State of South Carolina that are sold or stored …

5-172. Reports. A. On and after the effective date of this Order, ‘‘first buyers,’’ including handlers, processors, and distributors shall report not later than the tenth (10th) of each month to the Commission the total amount of peanuts handled and assessments deducted the prior…

5-173. Refunds. Any producer may request a refund provided the request is made in writing and in the hands of the Commission within 30 days from date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided that the …

5-174. Authority. The authority for the rules and regulations contained herein comes under Marketing Order No. 6 for South Carolina Peanuts issued July 1, 1975, and the Agricultural Commodities Marketing Act of 1968 and as amended. C. BY-LAWS OF THE SOUTH CAROLINA PEANUT BOARD

5-180. Principal Place of Business. The principal place of business of the South Carolina Peanut Board shall be P. O. Box 11280, Columbia, South Carolina, 29211. Telephone: 758-2426.

5-181. 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. The officers of the Board shall be elected annually at its first meeting after January 1, Provided, how…

5-182. Employees and Their Duties. 1. The employees of the Board may 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:…

5-183. Meetings. 1. Regular meetings of the Board shall be held at least four times a calendar year, at the time and place 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 Chairm…

5-184. 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 specific ministerial duties as the Board …

5-185. 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…

5-186. 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. 6 and the Agricultural Commodities Marke…

5-187. 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…

5-188. 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 as provided for State employees. 2. It shall be the responsibility…

5-189. 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. ARTICLE 2 STATE FARMERS MARKET

5-190. State Farmers’ Markets; Rules and Regulations. (Statutory Authority: 1976 Code § 46-15-20(12)) SECTION A—ORGANIZATION Applicability These Rules and Regulations are applicable to each State Farmers’ Market now in existence and are intended to apply to such additional State …

5-193. Regulations for Football Tailgating Events and Other Special Events Held on the Market. This regulation applies to special events, including football tailgating, held on the market grounds as publicly stated by the market manager. 1. The market manager must publicly state …

5-2. South Carolina Soybean Board. 1. Establishment and Membership. A Soybean Board is hereby established with such powers and duties as are authorized by the Act and by subsection 9 of this section. The Board shall be composed of twelve (12) members elected by districts as provi…

5-20. Principal Place of Business. The principal place of business of the South Carolina Soybean Board shall be its office at P. O. Box 667, Summerton, South Carolina.

5-200. Definitions of Words and Terms. (a) The term ‘‘concentrated commercial feeding stuff’’ or ‘‘commercial feed’’ shall also be held to include all materials which are used in feed or for mixing in feed, except such products as are specifically exempt by § 46-27-10 of the feed…

5-201. Adulteration. (1) No person shall distribute an adulterated feed. A commercial feed, customer-formula feed, or custom-mixed feed shall be deemed to be adulterated if any poisonous or nonnutritive ingredient has been found in sufficient amounts to render it injurious to hea…

5-202. Misbranding. (1) No person shall distribute a misbranded feed. A commercial feed, customer-formula feed, or custom-mixed feed shall be deemed misbranded if: (a) Its labeling is false or misleading in any particular. (b) It is distributed under the name of another feed. (2)…

5-203. Labeling. (1) When net weight is clearly and legibly stated on bags, tags may show the phrase, ‘‘Net Weight Shown on Bag’’ (or equivalent), in lieu of the actual net weight. Actual net weight may be shown on tags, if preferred. Either the net weight statement or the above …

5-204. Ingredients Statement. (1) For purposes of naming the ingredients comprising a mixture or deriving the name of a single ingredient feed, the name shall be in accordance with the designated definitions of feed ingredients as recognized by the Association of American Feed Co…

5-205. Additive Statement. (1) Substances or elements determinable by laboratory methods may be guaranteed by permission of the Commissioner of Agriculture. When any item is guaranteed, it shall be subject to inspection and analysis in accordance with the methods and regulations …

5-206. Registration. (1) No sale or distribution of any product falling within the definition of this law may be made in this State until the certified approved copy of the registration has been received by the registrant. (2) Registrations for concentrated commercial feedstuffs …

5-207. General Regulations. (1) A ‘‘Custom-Mixed Feed’’ shall be labeled by invoice. The invoice, which is to accompany delivery and be supplied to the purchaser at the time of delivery, shall bear the following information: (a) Name and address of the mixer. (b) Name and address…

5-21. 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 January 1st. Provided,…

5-210. Producers Defined. Producers as defined in Section 39-39-110, S.C. Code, 1976: ‘‘Producer’’ means a person selling no eggs other than those eggs produced on his farm. Producers with five hundred or less hens may sell their eggs direct to the consumer without processing. HI…

5-211. Transfer of Eggs. No eggs shall be transferred from one wholesaler or retailer to another unless such eggs are accompanied by an invoice showing grade and size of eggs also name and address. Origin if South Carolina eggs.

5-212. Records; [Wholesalers.] Wholesalers must keep a record of their purchases, sales and deliveries of eggs for a period of not less than ninety days. Invoices must show grade and size also name and address of distributor, as well as the date of production. HISTORY: Amended by…

5-213. Records; [Retailers.] Retailers must keep a record of their purchases of eggs for a period of not less than ninety days. Invoices must show grade and size, also name and address of packer or distributor, as well as the date of production. HISTORY: Amended by State Register…

5-214. Access to Inspect Stocks and Records. The Commissioner of Agriculture or his authorized representatives, shall have the authority, right and privilege to enter during regular hours of business the place of any producer, wholesaler, retailer, retail establishment, instituti…

5-215. Standards Versus Grades. The word ‘‘Standard’’ refers to the quality specifications for a single egg. A group of these standards is combined to make a Grade. The word ‘‘Grade’’ applies to a lot of eggs, such as a dozen, case or carlot. The determination as to eggs meeting …

5-216. Weight of Eggs. The South Carolina weight class for shell eggs is the same as those published by the United States Department of Agriculture. HISTORY: Amended by State Register Volume 30, Issue No. 2, eff February 24, 2006.

5-217. Eggs Must be Designated. (a) All eggs offered for sale as designated in § 39-39-150, S.C. Code, 1976, shall be graded as to weight and standards. (b) Therefore no eggs will be sold at wholesale or retail outlet below U.S. Consumer Grade B. (c) To establish origin: South Ca…

5-218. South Carolina Standards for Quality of Individual Shell Eggs. The South Carolina standards for egg quality shall be the same as those standards published by the United States Department of Agriculture. HISTORY: Amended by State Register Volume 30, Issue No. 2, eff Februar…

5-22. Employees and Their Duties. 1. The employees of the Board shall be a Manager, who shall also be the Assistant Secretary- Treasurer and such other employees as the Board may designate. 2. Subject to the general supervision and control of the Board, the duties of the Manager …