Bill 1437

                    Current Status

Introducing Body:               Senate
Bill Number:                    1437
Ratification Number:            473
Act Number:                     407
Primary Sponsor:                Committee (01)
Type of Legislation:            GB
Subject:                        Milk and milk products
Date Bill Passed both Bodies:   May 22, 1992
Computer Document Number:       NO5/8217.BD
Governor's Action:              S
Date of Governor's Action:      Jun 01, 1992
Introduced Date:                Mar 30, 1992
Last History Body:              ------
Last History Date:              Jun 01, 1992
Last History Type:              Act No. 407
Scope of Legislation:           Statewide
Sponsor Committee:              Agriculture & Natural
                                Resources
Sponsor Committee Number:       01
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1437  ------  Jun 01, 1992  Act No. 407
 1437  ------  Jun 01, 1992  Signed by Governor
 1437  ------  May 27, 1992  Ratified R 473
 1437  House   May 22, 1992  Read third time, enrolled for
                             ratification
 1437  House   May 21, 1992  Unanimous consent for third
                             reading on next Legislative
                             day
 1437  House   May 21, 1992  Read second time
 1437  House   May 20, 1992  Debate adjourned
 1437  House   May 06, 1992  Recalled from Committee         20
 1437  House   Apr 15, 1992  Introduced, read first time,    20
                             referred to Committee
 1437  Senate  Apr 14, 1992  Read third time, sent to House
 1437  Senate  Apr 09, 1992  Read second time
 1437  Senate  Mar 30, 1992  Introduced, read first time,
                             placed on Calendar without
                             reference

(A407, R473, S1437)

AN ACT TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.

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

Definitions of "subsidiary", "affiliate", "books and records", and costs deleted

SECTION 1. Section 46-49-10 of the 1976 Code is amended to read:

"Section 46-49-10. As used in this chapter, unless otherwise stated or the context of the subject matter clearly indicates otherwise:

(1) `Person' means an individual, partnership, corporation, association, or other business entity.

(2) `Distributor' means one or more of the persons listed in this item wherever located or operating, within or without South Carolina, doing business and engaged in receiving, producing, processing, manufacturing, subdistributing, distributing, marketing, or handling one or more of the products covered by this chapter and offering the products for sale in this State. Distributor means a person, whether or not a producer, except a distributor who sells less than one hundred gallons of fluid milk products a day produced on his own farm, who:

(a) receives, processes, manufactures, and packages products covered by this article for human consumption;

(b) offers for sale products covered by this chapter at wholesale or retail;

(c) operates a store or other establishment from which products covered by this chapter are offered for sale at retail.

(3) `Producer' means a person, whether or not the person also is a distributor or member or a producer association who produces milk for sale as fluid milk in the State.

(4) `Independent producer' means a producer who is not a member of a producer association or association of producers.

(5) `Market' means a county or group of counties within this State, including the State as a whole.

(6) `Producer association or association of producers' means a cooperative association of producers incorporated and existing under the cooperative laws of South Carolina or an association incorporated and existing under similar laws of another state, which is authorized to do business in South Carolina and which the board determines to have full authority for the sales of milk and dairy products of its members.

(7) `Store' means an establishment which purchases or otherwise acquires in processed and packaged form one or more of the products covered by this chapter for use or resale for human consumption.

(8) `Licensee' means a person required to obtain a license by this chapter and who is a de facto licensee under this chapter.

(9) `Milk' means the clean lacteal secretion obtained by the complete milking of one or more healthy cows, including milk cooled, pasteurized, standardized, or otherwise processed with a view of selling it as fluid milk, cream, skimmed milk, cultured milk, or as another fluid milk product.

(10) `Doing business' means the engaging in or the transaction of activity in this State for financial profit or gain.

(11) `Department' means the South Carolina Department of Agriculture."

Repeal

SECTION 2. Sections 46-49-30 and 46-49-50 of the 1976 Code are repealed.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 1st day of June, 1992.