S.C. Code § 46-25-10
Short title
This chapter shall be known as the South Carolina Fertilizer Law of 1954.
South Carolina Code Title 46, Chapter 25 — Fertilizers
South Carolina · statute · S.C. Code tit. 46, ch. 25 · 42 active provisions
S.C. Code § 46-25-20
Definitions
When used in this chapter: (1) "Commission" means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority. (2) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use or claimed…
S.C. Code § 46-25-30
Guaranteed analysis of certain plant nutrients
Until the commission prescribes the alternative form of "guaranteed analysis", the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form: Total nitrogen (N) | percent Available phosphoric acid (P(2)O(5)) | percent Soluble potash (K(2)O) | percent When th…
S.C. Code § 46-25-40
Rules and regulations
The commission may establish such rules and regulations in regard to the inspection, analysis, distribution, and sale of commercial fertilizer, agricultural lime, and soil amendments as shall not be inconsistent with the provisions of this chapter and as in its judgment will best carry out the requirements thereof.
S.C. Code § 46-25-45
Commission to delegate duties to director; director to administer and enforce chapter and promulgate regulations
The commission shall delegate the duties provided in this chapter to the director who may administer and enforce this chapter and promulgate related regulations.
S.C. Code § 46-25-50
Sales between and to importers, registrants, and manipulators
Nothing in this chapter shall be construed to restrict or avoid sales or exchange of commercial fertilizers to each other by importers, registrants, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizers to registrants or manipulators who hav…
S.C. Code § 46-25-60
Relief from liability of registrant for distributor's alteration of content or labeling of fertilizer
If a penalty is incurred as a result of a distributor altering the content or labeling of a commercial fertilizer shipped in bulk to the distributor by a registrant, the commission or its authorized representative may relieve the registrant of the liability for payment of the penalty and, in lieu thereof, assess the pe…
S.C. Code § 46-25-70
Misbranding
A commercial fertilizer is misbranded if it carries any false or misleading statement upon or attached to the container, or, if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the commercial fertilizer. It shall be u…
S.C. Code § 46-25-75
Certain information to be published
The commission shall publish at least annually and in such forms as may be deemed proper (1) information concerning the distribution of commercial fertilizers; (2) results of analysis based on official samples of commercial fertilizers distributed within the State as compared with the analysis guaranteed under Sections…
S.C. Code § 46-25-80
Penalties for violations of chapter
A person or dealer who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code § 46-25-210
Registration of fertilizer; application; fee
(A) Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the re…
S.C. Code § 46-25-240
When registration and sale may be prohibited
The commission may prohibit the registration and sale of any fertilizer which has a misleading or deceptive trademark or commercial brand name, firm name, or carries exaggerated claims, or contains materials other than recognized plant nutrients which are injurious to growing plants.
S.C. Code § 46-25-250
Revocation or refusal of registration for fraud
Where it shall appear to the commission that any registrant has been persistently fraudulent in his dealings, the commission may revoke or refuse to register such registrant.
S.C. Code § 46-25-260
Exclusive use of brand name or trademark
The brand name or trademark registered by a person shall not be entitled to registration by another; and the person having first registered and used the brand name or trademark shall be entitled to it, even should the brand name or trademark not be offered for current registration.
S.C. Code § 46-25-410
Information required on containers or with bulk shipments
All commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form (a) the net weight; (b) the brand and grade; (c) the guaranteed analysis; (d) the name and address of the registrant. When distributed in bulk,…
S.C. Code § 46-25-510
Sale or distribution of certain superphosphate prohibited
Superphosphate containing less than eighteen percent available phosphoric acid may not be offered for sale, sold, or distributed in this State.
S.C. Code § 46-25-520
Regulations concerning minimum standards for certain fertilizer material
Minimum standards of soda, sulfate of ammonia and superphosphate and other fertilizer materials may be established by regulation.
S.C. Code § 46-25-540
Filler
It shall be unlawful for any person to manufacture, offer for sale, or sell in this State any commercial fertilizer containing any substance used as a filler that is injurious to crop growth or deleterious to the soil, or to use in such commercial fertilizer as a filler any substance that contains inert plant nutrient…
S.C. Code § 46-25-570
Wet or bad mechanical condition
No commercial fertilizer shall be offered for sale which contains such an amount of water as to render the handling or manipulation of such commercial fertilizer difficult, or to cause the clogging of fertilizer distributors by reason of its bad mechanical condition; such wet or bad mechanical condition of any commerci…
S.C. Code § 46-25-710
Analyses of official samples; inspectors, chemists and other personnel; reports
The commission shall cause one or more analyses to be made annually of such commercial fertilizers sold, or offered for sale under the provisions of this chapter, as may be sampled under its direction and in accordance with such regulations as it may adopt. For this purpose, the commission, or a committee thereof, shal…
S.C. Code § 46-25-720
Entering premises; inspecting and sampling
In order to carry out the provisions of this chapter, any officer or agent of the commission or of a committee thereof authorized by the commission for the purpose, may at any hour during the day or night enter any factory, plant, car, or other place in which any commercial fertilizer or substance designed or intended…
S.C. Code § 46-25-810
Inspection tax and tonnage reports; collection fee
For the purpose of carrying out the provisions of this chapter, all registrants or guarantors who distribute or sell any commercial fertilizer in South Carolina shall pay to the division an inspection tax of fifty cents for each ton of commercial fertilizer sold. A report of tonnage is due and the inspection tax payabl…
S.C. Code § 46-25-815
Fertilizer inspection fee
In addition to the inspection tax on the distribution or sale of commercial fertilizer imposed pursuant to Section 46-25-810, there is imposed an inspection fee equal to one dollar a ton on the distribution or sale of commercial fertilizer in this State. The provisions of Section 46-25-810 with respect to the liability…
S.C. Code § 46-25-820
Annual registration fee and inspection tax on packages containing ten pounds or less
On individual packages of commercial fertilizer containing ten pounds or less, there must be paid in lieu of the fifty cents a ton inspection tax a combined annual registration fee and inspection tax of sixty dollars for each brand and grade sold or distributed. Where fertilizer is sold or distributed in packages of te…
S.C. Code § 46-25-825
Registration of separately identified products
Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on the form furnished or approved by the commission and shall be accompanied by a fee of one hundred dollars per product. Upon approval by the commission,…
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