South Carolina General Assembly
107th Session, 1987-1988

Bill 2665


                    Current Status

Bill Number:               2665
Ratification Number:       267
Act Number                 187
Introducing Body:          House
Subject:                   Regulation of cornmeal and grits
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A187, R267, H2665)

AN ACT TO AMEND SECTION 39-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CORNMEAL AND GRITS, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE FEDERAL AGENCY"; TO AMEND SECTION 39-29-40, RELATING TO THE LABELING OF CORNMEAL AND CORN GRITS IN THIS STATE, SO AS TO FURTHER PROVIDE FOR THIS LABELING; TO AMEND SECTION 39-29-50, RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING CORNMEAL AND GRITS, SO AS TO PERMIT CORNMEAL MADE FROM CLEAN CORN TO BE SOLD IN PACKAGES OF TEN POUNDS OR LESS UNDER CERTAIN CONDITIONS AND TO PROVIDE PENALTIES FOR CERTAIN ADVERTISING VIOLATIONS; AND TO AMEND SECTION 39-31-70, RELATING TO THE EXEMPTIONS FROM THE PROVISIONS OF LAWS GOVERNING RICE, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Appropriate federal agency designated

SECTION 1. Section 39-29-10(3) of the 1976 Code is amended to read:

"(3) The term 'appropriate federal agency' means the Department of Health and Human Services or any other federal agency charged with the enforcement and administration of the Federal Food, Drug and Cosmetic Act; and".

Labeling

SECTION 2. Section 39-29-40 of the 1976 Code is amended to read:

"Section 39-29-40. It is unlawful for any person, except as hereinafter provided, to sell, offer for sale, or exchange for any services or goods in this State any cornmeal or corn grits which are not labeled as prescribed by the South Carolina Food and Cosmetic Act. The Commissioner may issue additional labeling requirements he considers in the consumer's interest."

Sale of cornmeal

SECTION 3. Section 39-29-50 of the 1976 Code is amended to read:

"Section 39-29-50. (A) This chapter does not apply to the delivery by a miller to a corn producer of cornmeal or corn grits ground by the miller from the producer's corn for use in the producer's own home when the miller is paid in corn for the milling service. However, if the producer desires the health benefits for his family and requests enrichment, the miller shall enrich according to the standards required under this chapter.

(B)(1) Cornmeal made from clean corn may be sold in packages of ten pounds or less provided the following requirements are met:

(a) The cornmeal is ground from whole corn without removal of the germ.

(b) The package contains additional labeling contiguous to the product name 'unenriched cornmeal ground from whole corn'. This printing must be at least the print size and prominence of the required weight declaration.

(c) No advertisements or claims of nutritional or health benefits for unenriched cornmeal are allowed.

(2) Violations of this subsection are subject to the penalties contained in Section 39-29-100."

Rice exemptions

SECTION 4. Section 39-31-70 of the 1976 Code is amended to read:

"Section 39-31-70. This chapter does not apply to the delivery by a miller to a rice producer of rice or bulk rice milled by the miller from the producer's rice for use in the producer's own home when the miller is paid in rice or bulk rice for the milling service. However, if the producer desires the health benefits for his family and requests enrichment, the miller shall enrich according to the standards mentioned in this chapter.

This chapter does not apply to the sale of rice or bulk rice if the purchaser furnishes to the seller a certificate, in a form the commissioner by regulation prescribes, certifying that he will use the rice or bulk rice solely in the production of rice or bulk rice enriched as required by this chapter or other legitimate products not covered by this chapter.

This chapter does not apply to the sale of rice or bulk rice that has not been enriched according to the standards provided in this chapter if it meets the labeling and sanitation requirements prescribed in regulations promulgated by the commissioner."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.