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South Carolina Code of Regulations
Chapter 5 Department Of Agriculture



Article 1 Agricultural Commodities Marketing Act

Subarticle 1 Soybeans

A. Marketing Order No. 1 for South Carolina Soybeans

5-1. Definition of Terms.

5-2. South Carolina Soybean Board.

5-3. Marketing Order Purposes.

5-4. Assessments and Assessment Funds.

5-5. Information Reports.

5-6. Continuance.

5-7. Effective Date.

B. Administration and Operation of Marketing Order No. 1 for South Carolina Soybeans

5-10. Administration.

5-11. Assessments.

5-12. Reports.

5-13. Refunds.

5-14. Authority.

C. By-Laws of the South Carolina Soybean Board

5-20. Principal Place of Business.

5-21. Officers and Their Duties.

5-22. Employees and Their Duties.

5-23. Meetings.

5-24. Committees.

5-25. Fidelity Bonds.

5-26. Procedures and Transaction of Business.

5-27. Powers of the Board.

5-28. Compensation and Expense of Board Members.

5-29. Amendments.

Subarticle 2 Sweet Potatoes

A. Marketing Order No. 2 for South Carolina Sweet Potatoes

5-30. Definition of Terms.

5-31. South Carolina Sweet Potato Board.

5-32. Marketing Order Purposes.

5-33. Assessments and Assessment Funds.

5-34. Information Reports.

5-35. Continuance.

5-36. Effective Time.

B. Administration and Operation of Marketing Order No. 2 for South Carolina Sweet Potatoes

5-40. Administration.

5-41. Assessments.

5-42. Reports.

5-43. Refunds.

5-44. Packaging and Labeling.

5-45. Uniform Grading.

5-46. Authority.

C. By-Laws of the South Carolina Sweet Potato Board

5-50. Principal Place of Business.

5-51. Officers and Their Duties.

5-52. Employees and Their Duties.

5-53. Meetings.

5-54. Committees.

5-55. Fidelity Bonds.

5-56. Procedures and Transaction of Business.

5-57. Powers of the Board.

5-58. Compensation and Expense of Board Members.

5-59. Amendments.

Subarticle 3 Fresh Market Cucumbers

A. Marketing Order No. 3 for South Carolina Fresh Market Cucumbers

5-60. Definitions.

5-61. South Carolina Cucumber Board.

5-62. Marketing Order Purposes.

5-63. Assessments and Assessment Funds.

5-64. Information Reports.

5-65. Continuance.

5-66. Effective Time.

B. Administration and Operation of Marketing Order No. 3 for South Carolina Cucumbers

5-70. Administration.

5-71. Assessments.

5-72. Contracts.

5-73. Communications.

5-74. Refunds.

5-75. Authority.

5-76. Price Posting.

5-77. Cucumber Grades.

C. By-Laws of the South Carolina Cucumber Board

5-80. Principal Place of Business.

5-81. Officers and Their Duties.

5-82. Employees and Their Duties.

5-83. Meetings.

5-84. Committees.

5-85. Fidelity Bonds.

5-86. Procedures and Transaction of Business.

5-87. Powers of the Board.

5-88. Compensation and Expense of Board Members.

5-89. Amendments.

Subarticle 4 Pork

A. Marketing Order No. 4 for South Carolina Pork

5-90. Definition of Terms.

5-91. South Carolina Pork Board.

5-92. Marketing Order Purposes.

5-93. Assessments and Assessment Funds.

5-94. Information Reports.

5-95. Continuance.

5-96. Effective Time.

B. Administration and Operation of Marketing Order No. 4 for South Carolina Pork

5-100. Administration.

5-101. Assessments.

5-102. Reports.

5-103. Refunds.

5-104. Authority.

C. By-Laws of the South Carolina Pork Board

5-110. Principal Place of Business.

5-111. Officers and Their Duties.

5-112. Employees and Their Duties.

5-113. Meetings.

5-114. Committees.

5-115. Fidelity Bonds.

5-116. Procedures and Transaction of Business.

5-117. Powers of the Board.

5-118. Compensation and Expense of Board Members.

5-119. Amendments.

Subarticle 5 Eggs

B. Administration and Operation of Marketing Order No. 5 for South Carolina Eggs

5-140. Administration.

5-141. Assessments.

5-142. Reports.

5-143. Refunds.

5-144. Authority.

C. By-Laws of the South Carolina Egg Board

5-150. Principal Place of Business.

5-151. Officers and Their Duties.

5-152. Employees and Their Duties.

5-153. Meetings.

5-154. Committees.

5-155. Fidelity Bonds.

5-156. Procedures and Transaction of Business.

5-157. Powers of the Board.

5-158. Compensation and Expense of Board Members.

5-159. Amendments.

Subarticle 6 Peanuts

A. Marketing Order No. 6 for South Carolina Peanuts

5-160. Scope of Marketing Order.

5-161. Definitions.

5-162. Marketing Order Purposes.

5-163. South Carolina Peanut Board.

5-164. Assessments.

5-165. Information Reports.

5-166. Continuance.

5-167. Effective Time.

B. Administration and Operation of Marketing Order No. 6 for South Carolina Peanuts

5-170. Administration.

5-171. Assessments.

5-172. Reports.

5-173. Refunds.

5-174. Authority.

C. By-Laws of the South Carolina Peanut Board

5-180. Principal Place of Business.

5-181. Officers and Their Duties.

5-182. Employees and Their Duties.

5-183. Meetings.

5-184. Committees.

5-185. Fidelity Bonds.

5-186. Procedures and Transaction of Business.

5-187. Powers of the Board.

5-188. Compensation and Expense of Board Members.

5-189. Amendments

Article 2 State Farmers Market

5-190. State Farmers' Markets; Rules and Regulations.

5-193. Regulations for Football Tailgating Events and Other Special Events Held on the Market.

Article 3 Commercial Feeding Stuffs

5-200. Definitions of Words and Terms.

5-201. Adulteration.

5-202. Misbranding.

5-203. Labeling.

5-204. Ingredients Statement.

5-205. Additive Statement.

5-206. Registration.

5-207. General Regulations.

Article 4 Eggs

5-210. Producers Defined.

5-211. Transfer of Eggs.

5-212. Records; [Wholesalers.]

5-213. Records; [Retailers.]

5-214. Access to Inspect Stocks and Records.

5-215. Standards Versus Grades.

5-216. Weight of Eggs.

5-217. Eggs Must be Designated.

5-218. South Carolina Standards for Quality of Individual Shell Eggs.

5-223. General Terms.

5-224. South Carolina Consumer Grades for Shell Eggs.

5-225. [Placards.]

5-226. Packing, Marketing and Labeling.

5-227. Egg Packing Material.

5-228. Cartons.

5-229. Seal.

5-230. Advertising Eggs.

5-231. Inedible Eggs.

5-232. Refrigeration at Wholesale and Retail Levels.

5-234. [Representative Samples for Grading Purposes.]

5-235. License Renewal.

Article 5 Enriched Products

Subarticle 1 Enriched Corn Meal and Grits

5-240. [Enriched Corn Meal and Grits.]

5-241. [Custom Grinding Service for Unenriched Corn Meal and Corn Grits.]

Subarticle 2 Enriched Flour and Enriched Bread

5-250. Definition of White Flour.

5-251. Definition of Self-rising Flour.

5-252. Exclusion of Certain Flour.

5-253. Labelling.

5-254. Baker's Certificate.

5-255. Definition of Bread.

5-256. Bread Labelling.

Subarticle 3 Enriched Rice

5-260. [Classification.]

5-261. Labeling.

5-262. [Testing.]

5-263. [Certificates.]

Article 6 Food and Cosmetics

Subarticle 1 General

5-270. [General Regulations.]

5-271. [Definitions.]

5-272. Exemptions From Required Label Statements.

Subarticle 2 Definitions

5-280. Labeling Definition.

5-281. Difference of Opinion Among Experts.

Subarticle 3 Prohibited Acts and Penalties

5-290. Guaranty.

5-291. Guaranty: Definition, and Suggested Forms.

5-292. [Suggested Forms.]

5-293. [Expiration of Guaranty.]

5-294. [Contents of Guaranty.]

5-295. [Manufacturer of Shipment of Color Additive is Packager.]

5-296. [Guaranty Signed by Two or More Persons.]

5-297. [No Mention of Guaranty in Label.]

5-298. Presentation of Views Under Section 39-25-70.

5-299. [Change of Time and Place for Presentation of Views.]

Subarticle 4 Food

5-300. Food: Labeling--Misbranding.

5-301. Food in Package Form Labeling: Identity.

5-302. [Compliance with Labeling Requirement.]

5-303. Food Labeling; Name and Place of Business of Manufacturer, Packer, or Distributor.

5-304. Food: Labeling; Prominence of Required Statements.

5-305. [Insufficiency of Label Space.]

5-306. [Language of Label.]

5-307. Food: Labeling, Designation of Ingredients.

5-308. [Designation of Spices, Flavorings and Coloring.]

5-309. [Designation if Both a Spice and Coloring or Flavoring and Coloring.]

5-310. Fabricated Foods.]

5-311. [Assortment Packages.]

5-312. [Exemption from Ingredient Listing Requirement.]

5-313. [Exemption for Propylene Glycol or Glycerin.]

5-314. [Listing Ingredients in Order of Decreasing Predominance.]

5-315. Special Dietary Uses.

5-316. Food Labeling; Number of Servings.

5-317. Food Labeling; Artificial Flavoring or Coloring, Chemical Preservatives.

5-318. [No Exemption for Unpackaged Food.]

5-319. [Where Statement Must Appear.]

5-320. [Exemption Due to Unit Size.]

5-321. [Exemption from Label Statement.]

5-322. [Exemptions for Fruits and Vegetables.]

Subarticle 5 Cosmetics

5-330. Cosmetics; Labeling; Misbranding.

5-331. [Misleading Labeling Defined.]

5-332. Cosmetic; Labeling; Required Statements; Exemptions

5-333. [Statement of Place of Business.]

5-334. [Principal Place of Business.]

5-335. [Statement of Manufacturer No Relief from Misleading Label Requirement.]

5-336. [Statement of Quantity.]

5-337. [Statement of Weight.]

5-338. [Use of Fractions in Statement.]

5-339. [Expressing Number of Units.]

5-340. [Statement to Show Minimum Quantity or Average Quantity.]

5-341. [Variations if Minimum Quantity Shown.]

5-342. [Variations Where Minimum Quantity Not Expressed.]

5-343. [Extent of Variations Allowed.]

5-344. [Exemptions from Quantity Statements.]

5-345. Cosmetic; Labeling Requirements, Form of Stating.

5-346. [Label to Appear in English.]

5-347. Cosmetic; Labeling Requirements; Exemptions.

5-348. [Exemption Voided if Shipment Misbranded.]

5-349. [Exemption Voided by Refusal of Inspection of Agreement.]

5-350. [Expiration of Exemption.]

5-351. [Test Cosmetics Exempt.]

Subarticle 6 Salvage Operations Dealing in Foods and Cosmetics

5-360. Definitions.

5-361. Permits.

5-362. Notification.

5-363. Records.

5-364. Movement of Seized Foods and Cosmetics.

5-365. Labeling and Relabeling.

5-366. Building Exterior and Grounds.

5-367. Building Construction.

5-368. Physical Layout Requirements.

5-369. Sanitation Requirements for Receiving, Reconditioning, and Storage Areas.

5-370. General Requirements for Sales Areas.

5-371. Waste Disposal.

5-372. Rodents, Insects, and Other Vermin.

5-373. Miscellaneous.

Subarticle 7 Meat and Meat Products

5-380. Meat and Meat Products.

Article 7 Hazardous Substances

5-390. Definitions.

5-391. Human Experience with Hazardous Substances.

5-392. Hazardous Mixtures.

5-393. Listing of "Strong Sensitizer" Substances.

5-394. Products Requiring Special Labeling Under Section 23-39-30(b).

5-395. Labeling of Fire Extinguishers.

5-396. Banned Hazardous Substances.

5-397. Testing Procedures for Hazardous Substances; Method of Testing Toxic Substances.

5-398. Method of Testing Primary Irritant Substances.

5-399. Test for Eye Irritants.

5-400. Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open-cup Apparatus.

5-401. Method for Determining Extremely Flammable and Flammable Solids.

5-402. Method for Determining Extremely Flammable Contents of Self-pressurized Containers.

5-403. Method for Determining Flashpoint of Extremely Flammable Contents of Self-pressurized Containers.

5-404. Exemptions for Foods, Drugs, Cosmetics, and Fuels.

5-405. Exemption from Full Labeling and Other Requirements.

5-406. Exemptions for Small Packages, Minor Hazards, and Special Circumstances.

5-407. Exemptions from Classification as Banned Hazardous Substances.

5-408. Labeling Requirements--Placement, Conspicuousness, Contrast.

5-409. Deceptive Use of Disclaimers.

5-410. Condensation of Label Information.

5-411. Labeling Requirements for Accompanying Literature.

5-412. Substances Determined to be "Special Hazards."

5-413. Substances with Multiple Hazards.

5-414. Label Comment.

5-415. Substances Named in the South Carolina Dangerous Substances Law.

5-416. Self-pressurized Containers: Labeling.

5-417. Methyl Alcohol-base Radiator Antifreeze: Labeling.

5-418. Ethylene Glycol-base Radiator Antifreeze; Labeling.

5-419. Extremely Flammable Contact Adhesives; Labeling.

Article 8 Livestock Sales

5-420. Licensing.

5-421. Display of License.

5-422. Records Required.

5-423. Prompt Payment.

5-424. Dissemination of News of Financial Irresponsibility.

5-425. Penalties.

5-426. Injunction Issuance.

Article 9 Milk

5-430. Tests.

5-431. Weighing.

5-432. Equipment and Supplies.

5-433. Sampling Milk and Cream.

5-434. Sample Containers.

Article 10 Petroleum Products

5-440. Registering of Gasoline.

5-444. Definitions.

5-445. Standard Fuel Specifications.

5-446. Classification and Method of Sale of Petroleum Products.

5-447. Retail Storage Tanks.

5-448. Condemned Product.

5-449. Product Registration and Test Methods.

Article 11 The Roadside Market Incentive Program

5-450. Scope and Administration of Program.

5-451. Roadside Market.

5-452. Applications.

5-453. Signs.

5-454. Market Design.

5-455. Location.

5-456. Sanitation and Cleanliness Standards.

5-457. Product Quality.

5-458. Fair and Honest Marketing Practices.

5-459. Effect of Violations of These Rules and Regulations.

5-459.1. Agreement Between South Carolina Department of Agriculture Roadside Market Incentive Program and its Members.

Article 12 Seeds

5-460. Standard for Agricultural Seeds.

5-461. Exception.

5-462. Noxious Weeds.

5-463. Prohibited Seeds.

5-464. Standard Germination for Vegetable Seeds.

5-465. Tolerances.

5-466. Labeling.

5-467. Labeling of Seed Corn.

5-468. Inconsistent Statements.

5-469. Advertisement.

5-470. Seed for Cleaning or Processing.

5-471. Certified Seed.

5-472. Mixtures.

5-473. Origin.

5-474. Date of Test.

5-475. Method of Testing.

5-476. Sampling.

5-477. Size of Sample.

5-478. Variety.

5-479. Information on Tags.

5-480. Seed in Hermetically Sealed Containers.

5-481. Treated Seeds.

5-482. Fees and Services.

5-483. Flower Standards.

Article 13 Warehouse System

5-490. Definitions.

5-491. Inspectors, Warehousemen.

5-492. Warehouses.

5-493. Receipts.

5-494. Scale Tickets.

5-495. Daily Records.

5-496. General.

5-497. Procedures for Filing Claims.

Article 14 Weights and Measures

5-500. Standard Weights of Commodities.

5-571. Prohibit Acts and Exemptions.

5-572. Definition of Director.

Article 15 Miscellaneous Provisions

5-580. Advertising.

5-581. Dealers and Handlers of Agricultural Products.

5-581.01. Records.

5-581.02. Scale Tickets.

5-581.03. Contracts.

5-582. Frozen Desserts.

5-583. Moisture Meter Tolerance.

5-584. Noxious Weeds and Plants.

5-585. Public Weighmaster Law.

5-586. Grain Grading.

Article 17 Milk Producer Tax Credit

5-610. Definitions.

5-611. Production Price.

5-612. Annual Milk Production Certification.

5-613. Disputes Regarding Milk Producer Tax Credit Qualification.




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