Title 43, Agriculture And Horticulture

Any person aggrieved may sue on this bond for a breach thereof, in the name of the state, until the penalty is exhausted.

(a) The proprietor shall fit up the warehouse with plank floors or skids, upon which to place the tobacco, so that the hogsheads may be at least four inches (4″) from the earth. (b) Any proprietor who fails to keep a warehouse in good repair, or to furnish it as in this section p…

The proprietor shall keep good and sufficient scales for weighing tobacco, which shall be tested at the beginning of each tobacco commerical year, and every three (3) months thereafter, by the keeper and sealer of weights for the county, and at any time when written application i…

The proprietor shall also keep the necessary breaking irons for the proper inspection of tobacco, and screws for the proper cooperage and return of loose tobacco to the hogshead after inspection.

The proprietor or the proprietor's clerks shall be constant and prompt in their attendance at the warehouse for the reception and storage of tobacco, and promptly deliver tobacco to the planter or person entitled thereto, upon order for shipment.

Nothing in this chapter shall prevent any person from establishing a private warehouse for the storage of tobacco.

The “tobacco commercial year” commences and ends on November 1 of each year.

The county clerk shall attend to all prosecutions for penalties under this chapter, for the use of the state, for which the county clerk shall receive ten percent (10%) on the sums collected and paid into the state treasury. The county clerk may, also, when necessary, call on the…

(a) The proprietor of a warehouse, regularly authorized under this chapter, is created an inspector of tobacco, with power to appoint deputy inspectors; but, before any warehouse keeper, who may personally act as inspector, or any deputy who may act as inspector for the warehouse…

(1) It is the duty of the proprietor or one (1) of the proprietor's regular deputies to:(1) Inspect the uncasing and breaking of any tobacco for inspection, and examine and classify the tobacco according to law and the proprietor's or deputy's oath of office;(2) Break each hogshe…

(a) Should any planter, or the planter's agent representing the planter, claim that the sample drawn from the planter's tobacco by an inspector does not represent fairly the hogshead from which it was taken, the planter may demand and have that hogshead reinspected. (b) The tobac…

After the tobacco is inspected, coopered, weighed, and numbered, the warehouse keeper becomes responsible to the planter or owner for the weights and proper keeping of the tobacco.

(a) No warehouse keeper, nor anyone in the employment of the warehouse keeper, shall take or convert to that person's own use, or dispose of, any sample of tobacco, but the tobacco shall be delivered to the purchaser, and all loose tobacco shall be neatly returned to the hogshead…

Any person who erases, or in any way alters or defaces, any letter, mark, number or figure put upon any hogshead or other container by an inspector, or counterfeits the letter, mark, number or figure, previous to the delivery to the purchaser, commits a Class C misdemeanor.

No warehouse keeper shall sell publicly any sample of tobacco that has not been regularly inspected under this chapter, under a penalty of five dollars ($5.00) for each hogshead so sold, to be recovered by any person suing for that amount.

Any warehouse keeper called upon to inspect a lot of tobacco shall make a copy of the original sample card, and write on it, in plain letters, “Inspected,” adding the date.

(a) No proprietor of a warehouse shall sell any tobacco that has been directly or indirectly bought by that person, or on that person's account, nor directly or indirectly purchase on that person's own account any tobacco stored in that person's warehouse. This section is not to …

If any warehouse keeper accepts, directly or indirectly, any gratuity or reward for anything by that person done or omitted in the discharge of that person's official duties, that person shall forfeit two hundred dollars ($200) to the state, and, moreover, the warehouse keeper co…

Any planter or person shall inform the county clerk of any dereliction of duty on the part of the warehouse keeper.

Any person who fraudulently packs or “nests” a hogshead of tobacco with intent to deceive and obtain by the deception more than its true value commits a Class C misdemeanor.

The warehouse keeper shall keep posted in some conspicuous place in the warehouse a description of the hogsheads or casks, length, measurement, etc., best suited to contain tobacco for market.

(1) The compensation of warehouse keepers for receiving, storing, inspecting, coopering, and selling tobacco shall be as follows, to wit:(1) To be paid by the seller, two dollars and fifty cents ($2.50), and one percent (1%) commission on proceeds of sale;(2) To be paid by buyer,…

Any warehouse keeper who charges more than is allowed in § 43-19-214 commits a Class C misdemeanor, and is also liable to a penalty of ten dollars ($10.00) to the planter or person overcharged, recoverable before any judge of a court of general sessions.

Any planter, or other owner of tobacco sold at auction, may, by paying the fees, refuse at the time to take the price at which it is cried off.

A lien is given to the proprietor of the warehouse on all tobacco and proceeds for fees and charges on the tobacco and proceeds.

No planter or person is prohibited from selling tobacco at private sale, with or without inspection, if such person chooses so to do, nor compelled to have tobacco, though stored in a public or authorized warehouse, inspected; but the person may sell or ship it without inspection…

The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carryi…

(a) It is unlawful for any person to commingle, mix, place on same basket with other tobacco or in any other manner or means to handle tobacco so as to lose its identity, for the purpose of sale at auction, any looseleaf tobacco grown by one (1) producer with looseleaf burley tob…

(1) Sales of burley tobacco at warehouse or loosefloors shall be conducted so as to conform to one (1) of the following methods:(1) Sales to be at the rate of not more than ninety-seven thousand two hundred pounds (97,200 lbs.) per hour, per set of buyers; or(2) Sales to be at th…

Any information pertaining to weights of tobacco sold, prices paid or amounts of tobacco handled, disseminated by any warehouseman, or a warehouseman's employees or agents shall be accurate and substantiated by records kept at the warehouse or loosefloor.

A violation of this part or the rules and regulations promulgated under this part is a Class C misdemeanor.