S.C. Code § 39-25-10
Short title
This chapter may be cited as the South Carolina Food and Cosmetic Act.
South Carolina Code Title 39, Chapter 25 — Adulterated or Misbranded Food and Cosmetics
South Carolina · statute · S.C. Code tit. 39, ch. 25 · 23 active provisions
S.C. Code § 39-25-20
Definitions
For the purpose of this chapter - (a) The "Commissioner" means the Commissioner of Agriculture of South Carolina. (b) The term "person" includes individual, partnership, corporation and association. (c) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles…
S.C. Code § 39-25-30
Prohibited acts
The following acts within the State of South Carolina are prohibited: (1) the manufacture, sale, or delivery, holding, or offering for sale of any food or cosmetic that is adulterated or misbranded; (2) the adulteration or misbranding of any food or cosmetic; (3) the receipt in commerce of any food or cosmetic that is…
S.C. Code § 39-25-35
Exception to prohibited acts
The provisions of Section 39-25-30 do not apply to water-powered grist mills or their products.
S.C. Code § 39-25-40
Injunctions
In addition to the remedies hereinafter provided the Commissioner is hereby authorized to apply to the appropriate circuit court and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of Section 39-25-30;…
S.C. Code § 39-25-50
Penalties; exceptions and liabilities
(a) Any person who violates any of the provisions of Section 39-25-30 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six months or a fine of not more than one thousand dollars, or both such imprisonment and fine at the discretion of the court; for a second…
S.C. Code § 39-25-60
Embargo and condemnation of adulterated, misbranded article, poisonous perishable foods
(a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe, that any food, cosmetic, or consumer commodity, as defined by this chapter, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he shall affix to such article a tag or other…
S.C. Code § 39-25-70
Duty of solicitors and Attorney General; notice of criminal proceedings
It shall be the duty of each solicitor and/or the office of the Attorney General to whom the Commissioner reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this chapter i…
S.C. Code § 39-25-80
Minor violations of chapter
Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
S.C. Code § 39-25-90
Definitions and standards adopted under Federal act
(a) Definitions and standards of identity, quality and fill of container and their amendments, now or hereafter adopted under authority of the Federal act are the definitions and standards of identity, quality and fill of container in this State. However, when in his judgment such action will promote honesty and fair d…
S.C. Code § 39-25-100
Food deemed adulterated
A food shall be deemed to be adulterated - (a)(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food doe…
S.C. Code § 39-25-110
Food deemed misbranded
A food shall be deemed to be misbranded - (a)(1) If its labeling is false or misleading in any particular (2) if its labeling or packaging fails to conform with the requirements of Section 39-25-160. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food unless its label…
S.C. Code § 39-25-115
Finding of contamination; temporary regulation; access to factories for inspection
(A) When the commissioner finds, upon investigation, that the distribution in South Carolina of any class of food may, by reason of contamination with microorganisms during manufacturing, processing, or packaging in any locality, be injurious to human health and that the injurious nature cannot be adequately traced bac…
S.C. Code § 39-25-120
Promulgation of regulations containing labeling requirement exemptions; effect of Federal regulations
The Commissioner shall promulgate regulations exempting from any labeling requirement of this chapter food which is, in accordance with the practice of the trade to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such…
S.C. Code § 39-25-130
Unsafe additives; authority of Commissioner to prescribe tolerances
(a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of clause (2) of Section 39-25-100(a) with respect to any food…
S.C. Code § 39-25-140
Cosmetic deemed adulterated
A cosmetic shall be deemed to be adulterated - (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, that this provisi…
S.C. Code § 39-25-150
Cosmetic deemed misbranded
A cosmetic shall be deemed to be misbranded - (a)(1) If its labeling is false or misleading in any particular. (2) If its labeling or packaging fails to conform with the requirements of Section 39-25-160. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, p…
S.C. Code § 39-25-160
Labeling and packaging of consumer commodities
(a) All labels of consumer commodities, as defined by this chapter, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 2451, et seq.) and the regulations promulgated pursuant thereto; provided, that consumer commodities exem…
S.C. Code § 39-25-170
Advertisement deemed false
An advertisement of a food, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
S.C. Code § 39-25-180
Promulgation of regulations; hearings; adoption of Federal regulations
(A) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the commissioner. The commissioner is authorized to make the regulations promulgated pursuant to this chapter conform, insofar as practicable, with those promulgated under the federal act. (B) Hearings authorized or r…
S.C. Code § 39-25-190
Authority to enter and inspect premises and copy records; reports; analysis of samples
(A) For purposes of enforcement of this chapter, the commissioner or any of his authorized agents upon presenting appropriate credentials to the owner, operator, or agent in charge, may: (1) enter at reasonable times any factory, warehouse, or establishment in which food or cosmetics are manufactured, processed, packag…
S.C. Code § 39-25-200
Publication of judgments and orders and other information
(a) The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. (b) The Commissioner may also cause to be disseminated such information regarding food…
S.C. Code § 39-25-210
Inspection; registration requirements; exceptions; annual renewal; civil and criminal penalties
(A) A person subject to inspection pursuant to this chapter may not engage in the business of manufacturing, processing, warehousing, or packaging food in any manner without first registering with the department. This section shall not apply to facilities inspected and regulated by the United States Department of Agric…