Title 39, Trade and Commerce

Before any violation of this chapter is reported by the Director of the Department of Public Health to the Attorney General for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to pr…

Nothing in this chapter shall be construed as requiring the Director of the Department of Public Health to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be ade…

The Director of the Department of Public Health may, upon service of written notice, embargo any drug, device, or other substance for a period not to exceed fifteen days if such drug, device, or substance is suspected of being adulterated or misbranded, the purpose of such embarg…

For the purposes of this chapter: (a) The "Director of the Department of Public Health" means the Director of Public Health or his designated agent. (b)(1) The term "drug" means (A) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoei…

A drug or device shall be deemed to be adulterated: (a)(1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2)(A) if it has been prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereb…

A drug or device shall be deemed to be misbranded: (a) If its label is false or misleading in any particular. (b) If in a package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement …

(a) The Director of the Department of Public Health is hereby directed to promulgate regulations exempting from any labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked i…

(A) For purposes of this section, "sample" means a unit of a drug which is not intended by the manufacturer to be sold and which is intended to promote the sale of the drug. (B) The department may not require the labeling of a prescription or nonprescription drug sample for which…

In accordance with Federal standards, the Director of the Department of Public Health shall promulgate regulations providing for the listing of coal-tar colors which are harmless and suitable for use in drugs for purposes of coloring only and for the certification of batches of s…

(a) No person shall introduce or deliver for introduction into intrastate commerce any new drug unless an application filed pursuant to subsection (b) is effective with respect to such drug, or an application with respect thereto has been approved and such approval has not been w…

(A) It is unlawful to do or cause the following acts: (1) introduction or delivery for introduction into commerce within the State of a drug or device that is adulterated or misbranded; (2) adulteration or misbranding of a drug or device in intrastate commerce; (3) receipt in int…

This chapter shall be known and may be cited as the "Drug Product Selection Act of 1978".

As used in this chapter: (1) "Brand name" means the proprietary or trade name placed upon a drug, its container, label or wrapping at the time of packaging; (2) "Generic name" means the United States Adopted Name (USAN) or the official title of a drug published in the latest edit…

(A) As provided in Section 39-24-40, upon receiving a prescription for a brand name product, a registered pharmacist may substitute a drug product of the same dosage form and strength which, in his professional judgment, is a therapeutically equivalent drug product. (B) As provid…

(A) An oral or written drug prescription must provide an authorization from the practitioner as to whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted. (B) A written prescription must have two signature lines at opposi…

No provisions of this chapter shall apply to, nor be construed to invalidate, prescriptions issued prior to the effective date of this chapter; provided, that an oral authorization for substitution may be obtained from the prescribing practitioner by the pharmacist on any prescri…

This chapter shall not be construed to prevent registered pharmacists from filling, as otherwise provided by law, prescriptions originating outside the boundaries of this State and official United States Government prescriptions issued by authorized governmental officials.

This chapter may be cited as the South Carolina Food and Cosmetic Act.

A food shall be deemed to be adulterated - (a)(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the qua…

A food shall be deemed to be misbranded - (a)(1) If its labeling is false or misleading in any particular (2) if its labeling or packaging fails to conform with the requirements of Section 39-25-160. (b) If it is offered for sale under the name of another food. (c) If it is an im…

(A) When the commissioner finds, upon investigation, that the distribution in South Carolina of any class of food may, by reason of contamination with microorganisms during manufacturing, processing, or packaging in any locality, be injurious to human health and that the injuriou…

The Commissioner shall promulgate regulations exempting from any labeling requirement of this chapter food which is, in accordance with the practice of the trade to be processed, labeled or repacked in substantial quantities at establishments other than those where originally pro…

(a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of clause (2) of Secti…

A cosmetic shall be deemed to be adulterated - (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customa…

A cosmetic shall be deemed to be misbranded - (a)(1) If its labeling is false or misleading in any particular. (2) If its labeling or packaging fails to conform with the requirements of Section 39-25-160. (b) If in package form unless it bears a label containing (1) the name and …

(a) All labels of consumer commodities, as defined by this chapter, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 2451, et seq.) and the regulations promulgated pursuant thereto; …

An advertisement of a food, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(A) For purposes of this section: (1) "Domestic shrimp" means shrimp caught and landed in waters of a state or waters of the United States; (2) "Food service establishment" means an establishment engaged in the business of selling ready-to-eat food to the public including, but no…

(A) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the commissioner. The commissioner is authorized to make the regulations promulgated pursuant to this chapter conform, insofar as practicable, with those promulgated under the f…

(A) For purposes of enforcement of this chapter, the commissioner or any of his authorized agents upon presenting appropriate credentials to the owner, operator, or agent in charge, may: (1) enter at reasonable times any factory, warehouse, or establishment in which food or cosme…

For the purpose of this chapter - (a) The "Commissioner" means the Commissioner of Agriculture of South Carolina. (b) The term "person" includes individual, partnership, corporation and association. (c) The term "food" means (1) articles used for food or drink for man or other an…

(a) The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. (b) The Commissioner may also cause to be diss…

(A) A person subject to inspection pursuant to this chapter may not engage in the business of manufacturing, processing, warehousing, or packaging food in any manner without first registering with the department. This section shall not apply to facilities inspected and regulated …

The following acts within the State of South Carolina are prohibited: (1) the manufacture, sale, or delivery, holding, or offering for sale of any food or cosmetic that is adulterated or misbranded; (2) the adulteration or misbranding of any food or cosmetic; (3) the receipt in c…

The provisions of Section 39-25-30 do not apply to water-powered grist mills or their products.

In addition to the remedies hereinafter provided the Commissioner is hereby authorized to apply to the appropriate circuit court and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from viola…

(a) Any person who violates any of the provisions of Section 39-25-30 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six months or a fine of not more than one thousand dollars, or both such imprisonment and fine at th…

(a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe, that any food, cosmetic, or consumer commodity, as defined by this chapter, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he sh…

It shall be the duty of each solicitor and/or the office of the Attorney General to whom the Commissioner reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law…

Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the Commissioner believes that the public interest will be adequately served in the circumstances b…

(a) Definitions and standards of identity, quality and fill of container and their amendments, now or hereafter adopted under authority of the Federal act are the definitions and standards of identity, quality and fill of container in this State. However, when in his judgment suc…

For the repeal of this section, see Sections 39-26-140 and 39-26-160. This chapter may be cited as the "South Carolina Produce Safety Act".

For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to Section 39-26-80 is found upon trial to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or reg…

For the repeal of this section, see Sections 39-26-140 and 39-26-160. No covered farm or farm eligible for a qualified exemption in accordance with 21 C.F.R. Section 112.5 shall violate any provision of 21 C.F.R. Part 112 or any provision of a regulation of the department promulg…

For the repeal of this section, see Sections 39-26-140 and 39-26-160. No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the Commissioner, or any authorized agent of the Commissioner, an inspector, or any other department personnel in the perform…

For the repeal of this section, see Sections 39-26-140 and 39-26-160. A person who wilfully violates the provisions of this chapter is subject to a civil penalty of up to one thousand dollars for each violation as determined by the department. Any person wilfully violating this s…