Archives > 1976 South Carolina Code of Laws - Previous Versions > 2008 Session > Title 46

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Title 46 - Agriculture

CHAPTER 1.

GENERAL PROVISIONS; OFFENSES

SECTION 46-1-10. Definitions.

1. The terms "agriculture, agricultural purposes, agricultural uses, farm crops, cultivated crops" or words of similar import shall include horticulture, floriculture, and aquaculture. Words of similar import applicable to agriculture are likewise applicable to horticulture, floriculture, aquaculture.

2. The term "aquaculture" means the cultivation, production, or marketing of domesticated aquatic organisms.

3. The term "domesticated aquatic organism" means any fish, aquatic invertebrate, or aquatic plant that is spawned, produced, or marketed as a cultivated crop in the waters of this State.

SECTION 46-1-20. Stealing crops from the field.

A person who steals from the field any grain, cotton, or vegetables, whether severed from the freehold or not, is guilty of a:

(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the crop is five thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the crop is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the value of the crop is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

SECTION 46-1-30. Stealing melons or fruit.

Whoever shall steal from the premises of another any melons or fruit, whether severed from the freehold or not, shall be guilty of a misdemeanor and, on conviction thereof, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars.

SECTION 46-1-40. Stealing tobacco plants from beds.

A person who steals tobacco plants, whether severed from the freehold or not, from any tobacco plant beds is guilty of a:

(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the tobacco plants is five thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the tobacco plants is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the value of the tobacco plants is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

SECTION 46-1-50. Firing turpentine farms.

It shall be unlawful for any person to set fire to any woods so near to any turpentine farm in this State as to injure or burn any such farm; and whoever shall wilfully and maliciously set fire to any woods at any time, whereby any such farm is injured or burned, shall be adjudged guilty of a misdemeanor and liable to be punished at hard labor in the Penitentiary for the period of one year or fined in the sum of five hundred dollars.

SECTION 46-1-60. Making away with produce before paying.

(A) It is unlawful for a person engaged in the business of buying cotton, corn, rice, or similar commodities, either on his own account or for others, to buy commodities from a planter, commission merchant, or any other person for cash and fail or refuse to pay for it and make away with or dispose of it before he has paid for it.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is five thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

SECTION 46-1-70. Factors or commission merchants failing to account for produce.

(A) It is unlawful for a factor or commission merchant to receive from a planter cotton, rice, or other agricultural produce for sale and:

(1) sell the produce and fail to pay over the net proceeds to the planter on demand;

(2) apply the produce to his own use and benefit; or

(3) fail to account for the produce in a satisfactory manner if unsold.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is five thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

SECTION 46-1-75. Damage or destruction of farm product, research facility or research equipment unlawful; penalty; definitions.

(A) It is unlawful to maliciously damage or destroy a farm product, research facility, or research equipment used for testing or research in conjunction or coordination with a private research entity, a university, or any federal, state, or local governmental agency.

(B) If a person violates subsection (A) and the value of the farm product, research facility, or research equipment is:

(1) less than five hundred dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both;

(2) five hundred dollars or more, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.

(C) The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of ordering restitution, the court shall determine the market value of the farm product, research facility, or research equipment prior to the damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed.

(D) The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law.

(E) For purposes of this section:

(1) "Farm product" means horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.

(2) "Research facility" means greenhouses, buildings, and offices in which farm product research is conducted.

(3) "Research equipment" means files, data, computers, tractors, sprayers, seeders, tools, vehicles, plants, containers, and any other item pertinent to farm product research.

SECTION 46-1-80. Destruction of produce by accident or taking of produce by force as defense to prosecutions under Sections 46-1-60 and 46-1-70.

No person shall be convicted under the provisions of Sections 46-1-60 or 46-1-70 if he can show that the cotton, corn, rice or other products received by him were destroyed by accident, after due diligence on his part, or that he was forcibly deprived of the possession thereof.

SECTION 46-1-90. Fines from State Agricultural Fair to go to treasurer thereof.

For the purpose of better providing for the preservation of the public peace during the annual fairs of the State Agricultural and Mechanical Society of South Carolina all fines imposed for offenses committed on the fairgrounds during the sessions of the annual fairs shall be turned over to the treasurer of the Society by the magistrate before whom such cases are tried if the arrests of the offenders were made by persons appointed or employed by the authorities of the Society.

SECTION 46-1-100. Importation for sale of agricultural products below minimum standards of state of origin prohibited.

It shall be unlawful for any person to transport into this State for sale or to offer for sale any agricultural product of a grade or quality lower than the minimum grade or quality of the product permitted to be sold in the state of its origin.

SECTION 46-1-110. Enforcement of Sections 46-1-100 to 46-1-120.

The Commission of Agriculture shall be primarily responsible for the enforcement of Sections 46-1-100 to 46-1-120 and shall enforce all of their provisions, including obtaining injunctive relief where necessary.

SECTION 46-1-120. Penalties for violating Sections 46-1-100 to 46-1-120.

Any person violating the provisions of Sections 46-1-100 to 46-1-120 shall upon conviction be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

SECTION 46-1-130. Burial of migrant agricultural workers.

(a) Notwithstanding any other provisions of the law, any person having knowledge of the death of a person who engages in seasonal agricultural work as his primary source of income and does not normally return to his permanent place of residence each night shall, without delay, report the fact of such death to the Department of Health and Environmental Control in the county in which the body is located together with any information he may possess respecting the deceased including his identity, place of employment, permanent residence, and the name, address, and telephone number of any relatives. The County Department of Health and Environmental Control shall within a reasonable amount of time of receiving such report transmit to the State Department of Health and Environmental Control notice of the death of the deceased worker and information pertaining thereto. The State Department of Health and Environmental Control shall upon such notification make every effort to inform the nearest relative of such death.

(b) In the event that the identity of the deceased cannot be determined within a reasonable period of time, or in the event that the body of the deceased is unclaimed seven days after death, or in the event that the estate or the relatives are unable to provide for the burial of the deceased, the Department of Health and Environmental Control is authorized to allocate a sum of not more than three hundred and fifty dollars for the burial of such worker.

(c) In the event that the estate or the relatives of the deceased are able to provide for the burial but are unable to provide for the transportation of the body of the deceased to his legal residence or the legal residence of the relatives, the Department of Health and Environmental Control is authorized to allocate a sum of not more than two hundred dollars to defray the transportation expenses.

(d) The Department of Health and Environmental Control is authorized to file a claim with the Social Security Administration for reimbursement of the maximum amount allowable in behalf of the deceased and to use such funds or any assets belonging to the deceased to defray the burial or transportation expenses.

SECTION 46-1-131. Driving vehicle through planted fields prohibited; penalties.

It shall be unlawful for any unauthorized person to drive any type of vehicle in a wilful or negligent manner through a field in which agricultural or silviculture products are planted.

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars or imprisoned for a term not to exceed ninety days.

SECTION 46-1-140. Requirement that irrigation systems designed or used for application of fertilizer, pesticide, or chemicals be equipped with anti-syphon device.

Any irrigation system which is designed or used for the applications of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. The minimum acceptable anti-syphon device shall include a check valve, vacuum breaker, and low pressure drain on the irrigation supply line between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. The vacuum breaker must be upstream from the check valve. The low pressure drain must be upstream from the vacuum breaker. The injection pump must be tied to the irrigation pump either mechanically or electrically so that the injection pump shall stop operating if the irrigation pump fails to function.

Any person who uses an irrigation system for the application of fertilizer, pesticide, or chemicals which is not equipped with an anti-syphon device as required by this section is subject to a civil penalty of not more than five hundred dollars. Each day's violation is subject to an additional fine.

The Division of Regulatory and Public Service Programs at Clemson University shall promulgate regulations with the advice of the Department of Health and Environmental Control as it considers necessary to implement this section and is also charged with enforcing this section. The provisions of this section do not apply to residential yard use.

SECTION 46-1-150. Time for compliance with Section 46-1-140.

Any person using an irrigation system on June 6, 1986 shall bring it into compliance with the provisions of Section 46-1-140 of the 1976 Code within two years of June 6, 1986.