Title 46, Agriculture

The Commissioner shall annually cause to be analyzed at least one sample so taken of every commercial feed that is found, sold or offered or exposed for sale in this State under the provisions of Articles 1 to 9 of this chapter. The samples, not less than one pound in weight, sha…

The Commissioner may publish from time to time in reports or bulletins the results of the analyses of such samples, together with such additional information as circumstances advise; provided, however, that if such a sample as analyzed by the Commissioner differs from the stateme…

Any manufacturer, importer, jobber or dealer who refuses to comply with the requirements of the provisions of Articles 1 to 9 of this chapter or any manufacturer, importer, jobber or person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any chemist,…

The Commissioner shall appoint such analysts, chemists and inspectors as may be required to carry out the provisions of Articles 1 to 9 of this chapter.

In all prosecutions in the courts of this State arising under the provisions of Articles 1 to 9 of this chapter and the regulations made in accordance therewith, the certificate of the analyst or other officer making the analysis or examination when duly sworn to and subscribed b…

It shall be unlawful for any person to offer for sale any seeds which have been treated with poisons if destined to be manufactured into commercial feeds.

All commercial feeds shall be packed in standard weight bags or packages of twenty-five, fifty, seventy-five, one hundred, one hundred twenty-five, one hundred fifty, one hundred seventy-five or two hundred pounds. The Commissioner may prescribe other standard bag or package weig…

If at any time the Commissioner or his duly authorized representative shall have reason to believe that any commercial feed offered or exposed for sale in this State does not comply with the requirements of Articles 1 to 9 of this chapter, as to the ingredients or substances of s…

If any manufacturer, importer, jobber, agent or dealer shall be guilty of a violation of Section 46-27-40, the lot of commercial feed in question shall be seized and condemned, sold or destroyed by the Commissioner, or his duly authorized representative, and the proceeds from suc…

Such seizure and sale shall be made by the Commissioner or under the direction of any officer of his appointment. The sale shall be made at the courthouse door of the county in which the seizure is made; provided that whenever, for sufficient reasons appearing to the Commissioner…

The Commissioner, however, may in his discretion release the commercial feeds so withdrawn when the requirements of the provisions of Articles 1 to 9 of this chapter have been complied with and upon payment of all the costs or expenses incurred in any proceeding connected with su…

Whenever the Commissioner, or his duly authorized representative, becomes cognizant of any violation of the provisions of Articles 1 to 9 of this chapter, he shall immediately notify in writing the manufacturer, importer, jobber or dealer, if known, and after thirty days he shall…

Any manufacturer, importer, jobber, agent or dealer who shall be convicted of violating any of the provisions of Articles 1 to 9 of this chapter or the regulations adopted by the Commissioner shall be fined not exceeding two hundred fifty dollars for the first offense nor more th…

The proceeds from such fines shall be covered into the State Treasury for use of the Department of Agriculture.

If the analysis of an official sample shows a deviation from permitted analytical variation established by the Commissioner, the registrant or other responsible person shall be penalized according to the following schedule: Component Deviating Method of Penalty Assessment Crude p…

The term "permitted analytical variation", as stated in Section 46-27-680, means allowance for the inherent variability in sampling and laboratory analysis in guaranteed components. Manufacturing variations and their effect on the guaranteed components are not included in such va…

The Commissioner shall from time to time prescribe and publish regulations for carrying out the provisions of Articles 1 to 9 of this chapter.

The Commissioner may prescribe regulations governing the grading of any and all commercial feeds.

This article is designed to fully cover all preparations commonly known as condimental, patented, proprietary or trademarked stock or poultry tonic, stock or poultry regulators, stock or poultry conditioners, stock or poultry remedies and all similar preparations used for tonic, …

Before any condimental, patented, proprietary or trademarked preparation called a "stock or poultry tonic", "stock or poultry regulator", "stock or poultry conditioner", or "stock or poultry remedy", or any similar preparation, regardless of how it may be called or the specific n…

The labeling and claims filed pursuant to Section 46-27-820 shall not be changed during a fiscal year for which registration has been made without the consent of the Commissioner.

For the expense incurred in registering, inspecting and analyzing the preparations referred to in Section 46-27-820, a registration fee of ten dollars for each separate brand or, in lieu thereof, a maximum fee of fifty dollars per annum covering all brands made by a single manufa…

Any person who shall offer or expose for sale any package, sample or quantity of any preparation referred to in Section 46-27-820 which has not been registered or which, though registered, is subsequently found by an analysis or examination made by or under the direction of the C…

Whenever the Commissioner becomes cognizant of any violation of any of the provisions of this article, he shall immediately notify in writing the manufacturer, importer, jobber or dealer, if known. Any party so notified shall be given an opportunity to be heard under such regulat…

Every solicitor to whom the Commissioner shall report any violation of this article shall cause proceedings to be commenced and prosecuted without delay for the fines and penalties in such cases prescribed.

All money, including fines received under the provisions of this article, shall be paid to the general fund of the State. Payment to the general fund shall be made in conformance to procedures established by the State Fiscal Accountability Authority.

The official cotton standards of the United States, as established and promulgated from time to time by the Secretary of Agriculture of the United States, shall, while they are in effect, be the official cotton standards of this State.

Any person who shall knowingly and wilfully pack into any bag or bale of cotton any stone, wood, trash cotton, cottonseed, water or any matter or thing whatsoever or cause such packing to be done, with the intent and purpose of cheating or defrauding any person whomsoever in the …

Every person who runs a public gin shall keep a book in which shall be entered a full account of all the cotton brought thereto with the date and the name of the person bringing it. Such book shall be open to inspection by the public. The ginner shall also, if requested so to do …

As used in this article: (1) "Board" means the South Carolina Tobacco Community Development Board. (2) "Master Settlement Agreement" means the settlement agreement and related documents entered into on November 23, 1998, by the State and United States tobacco product manufacturer…

(A) There is created the South Carolina Tobacco Community Development Board. The board is composed of the following fourteen members: (1) Governor who shall serve as chairman; (2) Commissioner of Agriculture who shall serve as vice-chairman; (3) Attorney General who shall serve a…

(1) The board is established for the purposes of: (a) assisting the trust in providing economic aid to the tobacco growers and tobacco quota holders within the State in a manner consistent with provisions of the trust agreement executed by the State for the trust such as: (i) ide…

For administrative assistance, the board may use the services of the Department of Agriculture or other agencies as needed.

The board and its actions are not subject to Chapter 23 of Title 1, the Administrative Procedures Act.

Monies paid out by the trust to the board, tobacco growers, and tobacco quota owners may not be used, directly or indirectly, to influence legislation or to participate in political campaigns.

It is hereby declared to be in the public interest that the farmers of this State who produce flue-cured tobacco be permitted and encouraged to act jointly in promoting flue-cured tobacco by organized methods and through the medium established for such purpose.

If a referendum is carried in the affirmative and the assessment is levied and collected as provided in this chapter, under the regulations promulgated by the board of directors of Tobacco Associates, Incorporated, any farmer or tobacco producer upon whom and against whom the ann…

If the assessments are levied and collected as provided in this chapter, the treasurer of Tobacco Associates, Incorporated, shall, within sixty days after the end of any calendar year in which assessments are collected, publish a statement of the amounts received, collected, and …

If the referendum is not supported by two-thirds or more of those eligible for participation and voting in the referendum, the board of directors of Tobacco Associates, Incorporated, in its discretion, may call another referendum for the purposes in this chapter set forth in any …

If the referendum is carried by the votes of two-thirds or more of the eligible farmers participating in the referendum and the assessments are levied, the board of directors in its discretion may call and conduct future referenda in which the farmers vote upon the question of wh…

If the board of directors of Tobacco Associates finds that it is not reasonably feasible to base the authorization, making, or collection of an assessment on a "per acre" unit, it may by an affirmative vote of not less than two-thirds of its members, which vote shall include the …

(1) In the event the board of directors of Tobacco Associates, Inc. determines that it is not desirable or reasonably possible to conduct the referendum provided for in Section 46-31-30 under the terms and conditions prescribed in Section 46-31-40, the board in the alternative ma…

For the purpose of raising reasonable and necessary funds for producer participation in the operations of the agency set up under farmer sponsorship for the promotion of flue-cured tobacco, it is proper, desirable, necessary and in the public interest that the farmers in this Sta…

In the manner set forth in this chapter and under regulations as established under the provisions of this chapter there must be held in every county in the State in which flue-cured tobacco is produced a referendum to be participated in by all farmers engaged in the production of…

The exact dates on which referenda must be held and the hours, voting places, and regulations under which the referenda must be conducted must be established and determined by the board of directors of the North Carolina corporation known and designated as Tobacco Associates, Inc…

The board of directors of Tobacco Associates, Incorporated, shall prepare and distribute in advance of any such referendum all necessary ballots for the purpose thereof and shall under the rules and regulations promulgated by the board arrange for the necessary poll holders for c…