Current Status Introducing Body:House Bill Number:4751 Primary Sponsor:Committee (20) Type of Legislation:GB Subject:Milk, milk products Residing Body:House Date Tabled:May 12, 1992 Computer Document Number:NO5/8231.BD Introduced Date:Apr 15, 1992 Last History Body:House Last History Date:May 12, 1992 Last History Type:Tabled Scope of Legislation:Statewide Sponsor Committee:Agriculture, Natural Resources, and Environmental Affairs Sponsor Committee Number:20 Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4751 House May 12, 1992 Tabled
4751 House May 07, 1992 Debate adjourned until
Tuesday, May 12, 1992
4751 House May 06, 1992 Read second time
4751 House Apr 15, 1992 Introduced, read first time
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Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 15, 1992
H. 4751
Introduced by Agriculture, Natural Resources and Environmental Affairs Committee
S. Printed 4/15/92--H.
Read the first time April 15, 1992.
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:
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, the words and terms enumerated below are defined as follows:
(1) `Person' means an individual, partnership, corporation, association, or other business entity.
(2) `Distributor' means any one or more of the following persons listed in this item wherever located or operating, whether within or without the State of South Carolina, doing business and engaged in receiving, producing, processing, manufacturing, subdistribution subdistributing, distributing, marketing, or handling in any manner any one or more of the products covered by this chapter and offering such the products for sale in this State. Distributor means a person, irrespective of whether such person is or not a producer, except a distributor who sells less than one hundred gallons of fluid milk products per a day which are produced on his own farm, who:
(a) who receives, processes, manufactures, and packages any products covered by this article for human consumption;
(b) who offers for sale any products covered by this chapter at wholesale or retail;
(c) who operates a store or other establishment from which any products covered by this chapter are offered for sale at retail.
(3) `Producer' means any a person, irrespective of whether such or not the person is 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 any a producer who is not a member of a producer association or association of producers.
(5) `Market' means any a county or group of counties within this State, including the State as a whole.
(6) `Producer association or association of producers' means any a cooperative association of producers incorporated and existing under the cooperative laws of South Carolina or any such 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 any an establishment which purchases or otherwise acquires in processed and packaged form any one or more of the products covered by this chapter for use or resale for human consumption.
(8) `Licensee' means any a person required to obtain a license by this chapter and any person 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 that is cooled, pasteurized, standardized, or otherwise processed with a view of selling it as fluid milk, cream, skimmed milk, cultured milk, or as any other another fluid milk product.
(10) "Subsidiary" means any person over whom a distributor or an affiliate of a distributor has, or several distributors collectively have, either directly or indirectly, actual or legal control, whether by stock ownership or in any other manner.
(11) "Affiliate" means any person or subsidiary thereof who has, either directly or indirectly, actual or legal control over a distributor, whether by stock ownership or otherwise.
(12) "Books and records" means any books, records, accounts, invoices, contracts, financial statements, memoranda, documents, papers, correspondence, or other data pertaining to the business of any person.
(13) "Costs" means money paid or financial obligations incurred by a person in the production, manufacture, or acquisition of any products covered by this chapter and the amount of money paid, or financial obligations incurred in the processing, packaging, distributing, marketing, advertising, and selling, including all administrative and overhead costs, of such products.
(14)(10) `Doing business' means the engaging in or the transaction of any activity in this State for the purpose of financial profit or gain.
(15)(11) `Department' means the South Carolina Department of Agriculture."
SECTION 2. Sections 46-49-30 and 46-49-50 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor.