S.C. Code § 39-26-10
Short title
For the repeal of this section, see Sections 39-26-140 and 39-26-160. This chapter may be cited as the "South Carolina Produce Safety Act".
South Carolina Code Title 39, Chapter 26 — Produce Safety Act
South Carolina · statute · S.C. Code tit. 39, ch. 26 · 17 active provisions
S.C. Code § 39-26-20
Definitions
For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) As used in this chapter: (1) "Adequate" means satisfactory for a particular purpose, fully sufficient, suitable, or fit. (2) "Agricultural water" means water used at a farm for agronomic reasons, including water used for irrigation, transpiration…
S.C. Code § 39-26-30
Covered produce; definition; exemption
For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) "Covered produce" includes all of the following: (1) fruits and vegetables such as almonds, apples, apricots, apriums, artichokes-globe-type, Asian pears, avocados, babacos, bananas, Belgian endive, blackberries, blueberries, boysenberries, brazi…
S.C. Code § 39-26-40
Covered farm; qualified exemption
For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) Except as provided in subsection (B), a farm with an average annual monetary value of produce sold during the previous three-year period of more than twenty-five thousand dollars on a rolling basis, adjusted for inflation using 2011 as the baseli…
S.C. Code § 39-26-50
Promulgation of regulations
For the repeal of this section, see Sections 39-26-140 and 39-26-160. The South Carolina Department of Agriculture may promulgate regulations necessary or convenient to carry out the purposes of this chapter.
S.C. Code § 39-26-60
Enforcement of chapter
For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) For purposes of enforcement of this chapter, the Commissioner, or any authorized agent of the Commissioner, upon presenting appropriate credentials to the farm's owner, operator, or agent in charge, may: (1) enter at reasonable hours on any farm…
S.C. Code § 39-26-70
Authorized seizure of covered produce
For the repeal of this section, see Sections 39-26-140 and 39-26-160. If the Commissioner, or any authorized agent of the Commissioner, believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provisi…
S.C. Code § 39-26-80
Authorized condemnation or destruction of covered produce
For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) If the Commissioner, or any authorized agent of the Commissioner, believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any pro…
S.C. Code § 39-26-90
Procedure for condemnation or destruction
For the repeal of this section, see Sections 39-26-140 and 39-26-160. If unable to secure the written consent to the condemnation or destruction in accordance with Section 39-26-80(B)(1), the Commissioner, or any authorized agent of the Commissioner, shall make a complaint before a magistrate, or other officer authoriz…
S.C. Code § 39-26-100
Circuit court to render judgment that covered produce be forfeited; procedure; appeals
For the repeal of this section, see Sections 39-26-140 and 39-26-160. (A) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to Section 39-26-80 is found upon trial to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or regulations of the department promulgated p…
S.C. Code § 39-26-110
Violations
For the repeal of this section, see Sections 39-26-140 and 39-26-160. No covered farm or farm eligible for a qualified exemption in accordance with 21 C.F.R. Section 112.5 shall violate any provision of 21 C.F.R. Part 112 or any provision of a regulation of the department promulgated pursuant to Section 39-26-50, that…
S.C. Code § 39-26-120
Impeding the Commissioner prohibited
For the repeal of this section, see Sections 39-26-140 and 39-26-160. No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the Commissioner, or any authorized agent of the Commissioner, an inspector, or any other department personnel in the performance of his duty in connection with this…
S.C. Code § 39-26-130
Penalties for violations of chapter
For the repeal of this section, see Sections 39-26-140 and 39-26-160. A person who wilfully violates the provisions of this chapter is subject to a civil penalty of up to one thousand dollars for each violation as determined by the department. Any person wilfully violating this section also is guilty of a misdemeanor a…
S.C. Code § 39-26-140
Repeal of chapter upon the repeal of 21 C.F.R. Part 112
For the repeal of this section, see Sections 39-26-140 and 39-26-160. This chapter is repealed upon the effective date of the repeal of 21 C.F.R. Part 112.
S.C. Code § 39-26-150
Exemptions
For the repeal of this section, see Sections 39-26-140 and 39-26-160. Any exemption to the requirements of 21 C.F.R. Part 112, as established in 21 C.F.R. Part 112, also applies to this chapter.
S.C. Code § 39-26-160
Repeal of chapter if federal funds not awarded or exhausted
For the repeal of this section, see Sections 39-26-140 and 39-26-160. This chapter is repealed if the federal government declines to award funds to the State of South Carolina to implement the provisions of federal law embodied in this chapter or the federal funds awarded are exhausted, as determined by the Commissione…
S.C. Code § 39-26-170
Severability
For the repeal of this section, see Sections 39-26-140 and 39-26-160. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application,…