South Carolina General Assembly
116th Session, 2005-2006
S. 199
STATUS INFORMATION
General Bill
Sponsors: Senator Grooms
Document Path: l:\council\bills\gjk\20075sd05.doc
Companion/Similar bill(s): 3238
Introduced in the Senate on January 12, 2005
Currently residing in the Senate Committee on Agriculture and Natural Resources
Summary: Department of Agriculture organization, duties and procedures
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
1/12/2005 Senate Introduced and read first time SJ-12
1/12/2005 Senate Referred to Committee on Agriculture and Natural Resources SJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/12/2005
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9 A BILL
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11 TO AMEND CHAPTER 3, TITLE 46, CODE OF LAWS OF
12 SOUTH CAROLINA, 1976, RELATING TO THE
13 ORGANIZATION, DUTIES, AND PROCEDURES OF THE
14 DEPARTMENT OF AGRICULTURE AND THE
15 COMMISSIONER OF AGRICULTURE, SO AS TO FURTHER
16 PROVIDE FOR THEIR ORGANIZATION, DUTIES, AND
17 PROCEDURES.
18
19 Be it enacted by the General Assembly of the State of South
20 Carolina:
21
22 SECTION 1. Chapter 2, Title 46 of the 1976 Code is amended to
23 read:
24
25 “CHAPTER 3
26
27 Department and Commissioner of Agriculture
28
29 Section 46-3-10. The Department of Agriculture shall execute
30 the laws of this State pertaining to agriculture except such those
31 laws as are specifically designated for execution by others.
32
33 Section 46-3-20. No person, not operating under inspection of a
34 State or Federal agency, shall engage in the business of
35 manufacturing, processing or packing food in any manner without
36 first obtaining a food manufacturers, processors and packers permit
37 from the South Carolina Department of Agriculture. The permit
38 shall be issued upon application to the Department on forms
39 furnished by the Department and upon conditions prescribed by
40 regulations of the Department governing the manufacturing,
41 processing or packing of food as may be necessary to protect the
42 public health and promote public welfare by protecting the
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1 purchasing public from injury by merchandising deceit. Such
2 permit shall be issued July 1, 1971, and renewed annually
3 thereafter on or before the first day of January.
4 Anyone violating the provisions of this section shall be deemed
5 guilty of a misdemeanor and upon conviction be fined not more
6 than one hundred dollars or be imprisoned for not more than thirty
7 days. (Reserved)
8
9 Section 46-3-30. The chief officer of the Department of
10 Agriculture shall be is denominated the Commissioner of
11 Agriculture. The commissioner shall have a competent knowledge
12 of agriculture, manufacturing and general industries, commerce,
13 chemistry, and publicity.
14
15 Section 46-3-40. The commissioner shall must be elected by the
16 qualified electors in the general election now provided by law for
17 the election of state officers of the state government, for a term of
18 four years, the next term after the adoption of this code beginning
19 on the first day of January 1963. In case a vacancy should occur
20 the Governor shall appoint a successor for the unexpired term.
21
22 Section 46-3-50. The bond of the commissioner shall must be in
23 the sum of fifty thousand dollars, and his liability thereon shall on
24 the bond may not extend to losses incurred in bonded warehouses,
25 except in case of tort or neglect of duty on his part.
26
27 Section 46-3-60. The commissioner may appoint a competent
28 clerk, whose qualifications shall must be in the main to the extent
29 possible the same as those required of the commissioner.
30
31 Section 46-3-80. The commissioner shall:
32 (1) be charged with all work looking to the promotion of
33 agriculture and cattle raising, including the collection and
34 publication of information in regard to localities, character,
35 accessibility, cost and modes of utilization of soils and, more
36 specifically, the inducement of capital to invest in agriculture and
37 cattle raising by the dissemination of information relative to the
38 advantages of soil and climate and other natural resources of the
39 State;
40 (2) collect from the farmers and landowners of the State and
41 list information as to lands, stating the number of acres, the
42 location, and the terms upon which they may be bought; and
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1 (3) keep a land registry and in connection therewith with the
2 registry from time to time issue a publication descriptive of such
3 the listed agricultural, forest, and trucking lands as may be offered
4 to the department for sale or share, such the publication to be in an
5 attractive form, setting forth the county, township, number of
6 acres, names and addresses of owners, and such other information
7 as may be helpful in placing inquiring homeseekers in
8 communication with the landowners.
9 But However, nothing in this section shall may be construed to
10 give the commissioner the right to do scientific, educational, or
11 extension work in agriculture.
12
13 Section 46-3-90. The Commissioner may make arrangements
14 with any reliable manufacturer of crushed marl or ground
15 limestone for the sale of such material to the citizens of this State
16 at prices that shall be reasonable and will allow a reasonable profit
17 on the cost of production. In the event of the failure of the
18 Commissioner to make such arrangements, he shall, upon
19 satisfying himself that such arrangements as are specified cannot
20 be made, report such fact to the General Assembly next
21 succeeding, together with definite recommendations for the mining
22 of such material by the State with convict labor and furnishing it to
23 the farmers of the State at a price that shall be as near the actual
24 cost of production as possible. In the event an arrangement is
25 made, the Commissioner shall make public the nature and terms of
26 the arrangement and shall annually report to the General Assembly
27 the full itemized details of any and all such sales made to farmers
28 through the Department. The commissioner has the authority to
29 seek injunctive relief and protection from those persons violating
30 the laws administered by the Department of Agriculture. Further,
31 the commissioner may seek the assistance of law enforcement
32 officials to assist in the enforcement of provisions of law and
33 regulations administered by the department when these actions are
34 warranted to provide protection and safety of the general public
35 from imminent peril.
36
37 Section 46-3-100. The Commissioner may make arrangements
38 with any reliable manufacturer of inoculation material for the sale
39 of such material to the citizens of the State at prices that shall be
40 reasonable and will allow a reasonable profit on the cost of
41 production. Failing to make such arrangements, the Commissioner
42 may manufacture inoculation material for leguminous crops and
43 distribute it to citizens of the State applying for it at cost. The
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1 Commissioner may expend from any surplus or other funds
2 collected from other sources in his hands, such amounts as may be
3 necessary to inaugurate the work of manufacturing inoculation
4 material and refund to those respective funds as soon as possible
5 from the sums collected from the sale of such material such sums
6 as may be so expended. The commissioner has the authority to
7 charge administrative fees by regulation regarding certain services
8 and products provided by the department. These fees may be
9 retained by the department and used to cover the cost of
10 administration related to the services and products provided.
11 Administrative fees may be charged to individuals, as well as to
12 public and private entities who are utilizing department services
13 and products.
14
15 Section 46-3-110. In the event that the material is manufactured
16 in the laboratories of the Department of Agriculture, the
17 Commissioner shall receive and keep current accounts of all sums
18 derived from the sale of the material at cost and deposit such sums
19 in the State Treasury to the credit of the general fund of the State.
20 In order to carry out the purposes of this chapter, the Department
21 of Agriculture is authorized to accept gifts or grants of services,
22 properties, or monies from any federal, private or public persons,
23 agencies, or organizations, so long as the purpose of the grant
24 project is related to the promotion and support of agriculture. All
25 grant funds received by the department must be expended in
26 accordance with all applicable laws of this State.
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28 Section 46-3-120. In order to facilitate the collection and
29 collation of information of the resources of the State on all lines,
30 the heads of the several departments of the state government and of
31 the state institutions shall furnish accurately such that information
32 as may be at their command to the commissioner when called upon
33 for it.
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35 Section 46-3-130. The state Department of Agriculture is
36 authorized to enter into contracts or agreements with any state
37 agency whereby its personnel and facilities may be utilized by the
38 agency.
39 If any fees are charged by the agency, the agency may retain the
40 amount necessary for administration, not to exceed the sum agreed
41 upon between the agency and the department, and the remainder, if
42 any, shall must be transmitted to the State Treasurer and deposited
43 to the account of the Department of Agriculture and shall must be
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1 utilized by the department for reimbursement of any expenses
2 incurred.
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4 Section 46-3-140. The commissioner shall make and submit to
5 the Governor, on or before by the tenth day of January of each
6 year, a report covering the department’s work of the preceding
7 year and the report shall must be transmitted to the General
8 Assembly, printed in the same manner as other public documents,
9 or as shall otherwise be ordered.
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11 Section 46-3-145. (A) As used in this section:
12 (1) ‘Beneficiary class’ means:
13 (a) farmers and farm families of low and moderate
14 income;
15 (b) residents of the State who produce evidence
16 satisfactory to the authority that they intend to become residents
17 and begin farming within the State;
18 (c) farmers who shall use the agricultural land,
19 agricultural improvements, or depreciable agricultural property
20 proposed to be purchased for farming within the State;
21 (d) farmers who shall apply the proceeds of each
22 mortgage loan to the acquisition by the farmer of agricultural land
23 or agricultural improvements thereon on it, or depreciable
24 agricultural property totaling no more than six hundred twenty-five
25 thousand dollars in fair market value;
26 (e) farmers who demonstrate to the authority’s satisfaction
27 that they can repay the loan from farming operations within the
28 State;
29 (f) farmers who are creditworthy according to standards
30 prescribed by the authority;
31 (g) farmers who, inclusive of amounts estimated to be
32 received as a result of the acquisition of the agricultural land,
33 agricultural improvements, or depreciable agricultural property to
34 be financed with each mortgage loan or secured loan, receive at
35 least sixty percent of the combined gross incomes of the farmer,
36 his spouse, and dependents from farming operations within the
37 State;
38 (h) farmers who have not received previously a mortgage
39 loan or secured loan from an entity authorized to make loans under
40 the provisions of this section. This restriction does not apply if the
41 amount of the loan previously received for the property plus the
42 amount of the loan sought does not exceed six hundred twenty-five
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1 thousand dollars for agricultural land or agricultural improvements
2 or depreciable agricultural property;
3 (i) farmers who satisfy other criteria the department
4 prescribes by regulation.
5 (B) The Department of Agriculture may participate in and
6 cooperate with the programs of the Farmers Home Administration,
7 the Federal Land Banks, or its successors, and any other agency or
8 instrumentality of the United States and sponsor or participate in
9 programs with other entities, including nonprofit corporations
10 which may make loans to farmers of the beneficiary class, and
11 participate in and cooperate with a program of another agency of
12 the State or a political subdivision in the administration of any of
13 the programs authorized to make loans to farmers of the
14 beneficiary class.
15
16 Section 46-3-160. The Commissioner of Agriculture is
17 authorized to enter into agreements with the United States
18 government for the conduct of aquatic plant control projects under
19 the provisions of Public Laws 85-500, 87-874, and 89-298, and to
20 give such those assurances on behalf of the State as may be
21 required under the provisions of such laws.
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23 Section 46-3-170. The commissioner may sue or be sued in the
24 courts upon the same terms as any other person, the action to be
25 against or by the commissioner as representative of the State.
26 Suits may must be brought in Richland County or in the county in
27 which the cause of action accrued. In those suits involving an
28 administrative decision by the department, suit must be filed and
29 shall proceed in accordance with the provisions of the South
30 Carolina Administrative Procedures Act.
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32 Section 46-3-175. In lieu of licenses or permits or renewals of
33 them required by Sections 39-11-30 and 39-11-50 for public
34 weighmasters or deputy weighmasters, 46-21-40 for seed dealers,
35 46-41-50 for dealers in agricultural products, any qualified person
36 of whom such a license or permit is required may obtain an
37 agribusiness license which qualifies him to engage in any of the
38 businesses listed above. The agribusiness license must be issued
39 by the Department of Agriculture upon the payment annually of a
40 fee of seventy-six dollars and shall expire on June thirtieth of each
41 year. Posting of a bond in the sum of twenty-five thousand dollars
42 with the Commissioner of Agriculture by the agribusiness licensee
43 as principal by a corporate surety company authorized to do
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1 business in this State assuring the same compliance provisions as
2 Sections 39-11-70 for weighmasters, and Section 46-41-60 for
3 dealers in agricultural products shall satisfy the bonding and
4 evidence of financial responsibility requirements of those code
5 sections provisions of law.
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7 Section 46-3-180. The commissioner may revoke for cause,
8 either permanently or for a definite period of time, any registration
9 or license issued by him under those conditions as the department
10 may prescribe, pursuant to procedures consistent with the South
11 Carolina Administrative Procedures Act.
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13 Section 46-3-190. No such registration or license, however,
14 shall may be revoked until the person concerned shall have been
15 notified and a public hearing accorded such the person. At such
16 the hearing all persons concerned shall must be accorded the right
17 of counsel and the right to introduce evidence in their behalf.
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19 Section 46-3-200. At any hearing or other proceeding
20 authorized by Section 46-3-190, the commissioner shall have
21 power to administer oaths; to take testimony; to issue subpoenas
22 and compel the attendance of witnesses, which shall must be
23 served in the same manner as subpoenas issued by the court of
24 common pleas of the State; and to order the taking of depositions
25 in the same manner as depositions are taken in the court of
26 common pleas.
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28 Section 46-3-210. Pending final adjudication no such
29 registration or license shall may be revoked, provided the person
30 concerned shall furnish bond satisfactory to the commissioner in
31 the amount of two hundred dollars.
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33 Section 46-3-220. Any order, decision or other official act
34 which revokes a registration or license issued by the
35 commissioner, may be appealed by any person concerned to the
36 circuit court of the county of Richland, or the circuit court of the
37 county of residence of the person whose license has been thusly
38 adversely affected. Such The appeal may be effected by serving
39 the commissioner or someone of discretion at his office, within
40 sixty days after receipt of written notice of the order, decision, or
41 official act affecting the registration or license of the person
42 concerned, notice of appeal. The notice of appeal shall state the
43 grounds upon which it is founded. The commissioner, within
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1 thirty days after service of the notice of appeal, shall make a return
2 to the circuit court, giving copies of all documents and orders and a
3 transcript of the testimony taken.
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5 Section 46-3-230. If any product, merchandise, or equipment
6 regulated by the Department of Agriculture is placed under a
7 restraining order of or by the Commissioner of Agriculture, the
8 commissioner may release any such the item upon compliance
9 with, and payment of, all costs or expenses incurred in any
10 proceeding pursuant to such the order.
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12 Section 46-3-240. The Commissioner of Agriculture and all
13 inspectors and chemists employed under Chapter 27 of this Title
14 shall be is charged with the enforcement of such regulations
15 relating to food and drugs, in addition to those with which they are
16 expressly charged by law, as the Department of Health and
17 Environmental Control may issue under the authority of law. And
18 such inspectors Inspectors shall also assist also in the enforcement
19 of all of the provisions of this chapter.
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21 SECTION 2. This act takes effect upon approval by the Governor.
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