Title 39, Trade and Commerce

No person shall combine any animal fat, vegetable oil or other substance with butter or cheese.

For the purpose of this article, substance or compound, not produced wholly from pure milk, designed to be used as a substitute for butter or cheese made from pure milk or cream from pure milk is hereby declared to be imitation butter or imitation cheese, as the case may be; prov…

Nothing in this article shall be construed to prohibit the use of salt, rennet or harmless coloring matter for coloring the products of pure milk or cream from pure milk.

It shall be unlawful for any manufacturer, processor or dealer in oleomargarine in this State to sell or offer for sale any oleomargarine within the State which does not contain at least nine thousand United States Pharmacopoeia units of vitamin A per pound.

All oleomargarine sold in the State must be labeled in accordance with the regulations of the Department of Health, Education and Welfare governing the labeling of oleomargarine with added vitamins sold in interstate trade.

The State Department of Agriculture shall change or add to the specifications for ingredients and the amounts thereof as necessary to conform to any changes in the ruling of the Federal agency concerning the addition of vitamins to oleomargarine appearing in Volume 6, page 2763, …

The State Department of Agriculture shall enforce this article. The Department may, for the purpose of enforcing this article, enter upon the premises of any manufacturer, processor, refiner or person engaged as a retail or wholesale dealer in oleomargarine for the purpose of mak…

Any person found by a court of competent jurisdiction to be guilty of violating the terms of this article shall be punishable by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days for each and every offense.

No person shall produce, manufacture, sell or keep or offer for sale any imitation butter or imitation cheese made or compounded in violation of this article, whether such imitation shall have been made or produced in this State or elsewhere.

Nothing in this article shall be construed to prohibit the manufacture and sale of imitation butter or imitation cheese, under the regulations herein provided, when such imitation butter or cheese has not been manufactured or colored as herein prohibited.

No person shall sell or offer for sale any imitation butter or imitation cheese under the pretense that the same is genuine butter or genuine cheese.

Every person who lawfully manufactures any substance designed to be used as a substitute for butter or for cheese shall mark by branding, stamping or stenciling upon the top side of each tub, box or other vessel in which such substitute shall be kept or in which it shall be remov…

No person shall have in his possession or control any substance designed to be used as a substitute for butter or for cheese unless the tub, box or other vessel containing such substance shall be clearly and durably marked as provided in Section 39-35-60. But this section shall n…

Any person violating any provisions of this article shall be guilty of a misdemeanor and may be proceeded against by any of the processes provided for misdemeanors and tried by any court having jurisdiction of misdemeanors in this State. Upon conviction, he shall be punished by a…

This article shall not be construed to include within its provisions the food products known as "oleomargarine" or "margarine."

For the purpose and within the meaning of this chapter the definitions contained in this section shall obtain: (1) "Frozen desserts" means ice cream, frozen custard, ice milk, milk sherbet, dietary frozen dessert, ice or ice sherbet, low fat frozen dessert, low fat frozen dairy d…

The action of the Department of Agriculture in refusing to grant a license or in revoking or suspending a license is subject to review by the Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D). An appeal from the decision…

Nothing contained in this chapter shall be construed to apply to ice cream and similar frozen products manufactured and sold by social, fraternal, charitable, educational, religious or beneficent organizations, nor to a farmer making and selling from the products of his farm ice …

The Department of Agriculture shall enforce the provisions of this chapter and shall from time to time, after inquiry and public hearing, adopt and promulgate rules and regulations to supplement and give full effect to the provisions of this chapter. The Department of Agriculture…

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, must be fined not less than two hundred dollars nor more than five hundred dollars. All fines and penalties imposed and recovered for the violation of any of the pr…

No person shall sell, advertise, or offer or expose for sale: (1) Any frozen dessert, unless its manufacturer is a licensee under the provisions of this chapter; (2) Any frozen dessert that does not comply with the definitions of Section 39-37-10 or definitions adopted by regulat…

All milk and milk products used in the manufacture of ice cream, ice milk, frozen custard or sherbet, or the entire mix with or without flavor or color, shall be pasteurized in accordance with rules and regulations to be adopted as herein provided.

No person shall: (1) Sell, offer for sale or advertise for sale any frozen dessert if the brand name of the frozen dessert, the label upon it or the advertising accompanying it shall give a false indication of origin, character, composition or name of manufacturer or is otherwise…

Ice milk, when sold in package or wrapper, shall be labeled in plain legible type, not less than eight point, with the words "Ice Milk." This shall not include the containers used when ice milk is drawn in front of the customers' eyes. A sign on a white card with letters not less…

When artificial coloring is used in dietary frozen dessert directly or as a component of any other ingredient, the label shall bear the statement "artificially colored," "artificial color added" or "__________, and artificial color added," the blank being filled in with the commo…

Every manufacturer of frozen desserts produced for sale shall, during the month of May in each year, file with the Department of Agriculture an application for a license upon a form prescribed by the Department. The application must show that the frozen desserts manufactured by t…

The Department of Agriculture, if satisfied that the manufacturing plant or plants named in the application are maintained in accordance with the standards of sanitation prescribed in the rules and regulations promulgated under the authority of this chapter, shall issue, without …

Any such license may be revoked by the Department of Agriculture after giving to the licensee notice by mail or otherwise and an opportunity to be heard, when and if it appears that: (1) Any statement upon which it was issued was false or misleading; (2) Any frozen dessert manufa…

As used in this chapter: (1) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs. (2) "Candle" means to determine the interior quality of eggs based on the use of a candling light as defined in the federal standards. (3) "Consumer" means a…

All wholesalers, distributors, commission merchants, brokers, and dealers who desire to sell or offer eggs for sale in this State shall first file for a license with the Commissioner of Agriculture, upon forms furnished by the commissioner, stating the name of the firm or person …

(A) A person may not engage in business as a wholesaler or as a distributor without first obtaining a license from the commissioner. A license issued pursuant to this article must not be suspended or revoked except for health and sanitation reasons or for violations of this artic…

Wholesalers, distributors, and retailers shall maintain records and invoices of their egg purchases for a period of at least ninety days. These records and invoices must show the person or firm to whom the sale was made, the address of the person or firm, and the kind and quantit…

The South Carolina standards, grades, and weight classes for shell eggs are the same as the United States standards, grades, and weight classes for shell eggs and their supplements and revisions as published by the United States Department of Agriculture, except as modified or re…

(A) Shell egg producers shall refrigerate eggs upon gathering the eggs. Eggs must be graded and packed within a reasonable period of time from gathering. (B) After washing, processing, and packaging, eggs must be transported, stored, and displayed at ambient temperatures not to e…

(A) In order to protect the producer, the distributor, and the consumer, all eggs sold in this State must be labeled so as to designate their quality, size, and weight class. (B) The department shall establish standards for the grading, classification, and marking of shell eggs b…

(A) All eggs offered for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers must be classified properly in accordance with this subsection. A heavy cardboard or placard, not less than eight by eleven inches, must be displayed co…

It is unlawful to: (1) offer eggs for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers and fail to display conspicuously on the case, box, or other container a plainly written designation showing the correct grade and weight c…

The Commissioner of Agriculture is charged with the enforcement of this chapter and is authorized to promulgate regulations necessary to carry out its provisions and purposes.

The following are exempt from this chapter: (1) persons who buy or sell eggs to be used exclusively for hatching purposes; (2) shipments of eggs in interstate commerce; (3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced.

(A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than: (1) one hundred nor more than two hundred dollars for a first violation; (2) two hundred fifty nor more than five hundred dollars…

"Petroleum" or "petroleum product" as used in this article means gasoline, gasohol, kerosene, diesel fuels, jet fuels, fuel oil no. 1 through 4, or a similar product of petroleum or a product which may be acceptable for use as a petroleum product or oxygenated compound blends of …

The Commissioner of Agriculture may issue such rules and regulations as may be necessary for carrying out the provisions of this article and such rules and regulations shall have the effect of law.

A person who fraudulently commits the following violations is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days for each offense: (1) brands or label…

If any person shall sell or offer for sale any petroleum product used for illuminating, heating or power purposes, before first having it labeled and tagged as required by the regulations adopted by the Commissioner of Agriculture, he shall be guilty of a misdemeanor and, on conv…

If any manufacturer or dealer of such gasoline, illuminating or heating fluids shall, with intent to deceive or defraud, alter or erase the label or tag to indicate a different flash test, specific gravity or quantity than is indicated by the label or stamp attached to the vessel…

(A) A motor fuel retail dealer may not transfer, sell, dispense, or offer petroleum products for sale in South Carolina unless every dispenser is posted clearly with the complete registered brand name for the petroleum products being dispensed including the amount of alcohol, eth…