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1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2003 Session

Disclaimer
This statutory database is current through the 2003 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2004 General Assembly, which will convene in January 2004, will be incorporated as soon as possible. Some changes enacted by the 2004 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.

Title 39 - Trade and Commerce

CHAPTER 39.

EGGS AND BABY CHICKS

ARTICLE 1.

SALE OF EGGS AND BABY CHICKS GENERALLY [REPEALED]


SECTIONS 39-39-10 to 39-39-40. Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

SECTION 39-39-10. [1962 Code Section 66-601; 1952 Code Section 66-601; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

Former Section 39-39-20 was entitled: Sale of eggs.

SECTION 39-39-20. [1962 Code Section 66-603; 1952 Code Section 66-603; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

Former Section 39-39-30 was entitled: Sale of baby chicks.

SECTION 39-39-30. [1962 Code Section 66-603.1; 1952 Code Section 66-603.1; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

Former Section 39-39-40 was entitled: Enforcement; promulgation of rules and regulations.

SECTION 39-39-40. [1962 Code Section 66-604; 1952 Code Section 66-604; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

SECTIONS 39-39-10 to 39-39-40. Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

SECTION 39-39-10. [1962 Code Section 66-601; 1952 Code Section 66-601; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

Former Section 39-39-20 was entitled: Sale of eggs.

SECTION 39-39-20. [1962 Code Section 66-603; 1952 Code Section 66-603; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

Former Section 39-39-30 was entitled: Sale of baby chicks.

SECTION 39-39-30. [1962 Code Section 66-603.1; 1952 Code Section 66-603.1; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

Former Section 39-39-40 was entitled: Enforcement; promulgation of rules and regulations.

SECTION 39-39-40. [1962 Code Section 66-604; 1952 Code Section 66-604; 1942 Code Section 5806-61; 1933 (38) 246; 1941 (42) 119] Repealed by 1994 Act No. 379, Section 2, eff May 10, 1994.

ARTICLE 3.

PROVISIONS FOR THE LABELING AND MARKETING OF EGGS

SECTION 39-39-110. Definitions.

As used in this chapter:

(1) "Eggs" means the unprocessed eggs of a domesticated chicken hen while they are still in the shell.

(2) "South Carolina eggs" means eggs produced in this State.

(3) "Producer" means a person selling no eggs other than those eggs produced by his own flock.

(4) "Retailer" means a person, firm, or corporation selling or offering for sale eggs to consumers in this State.

(5) "Distributor" means a person offering for sale or distributing eggs in this State to a retailer, cafe, restaurant, or other establishment serving eggs to the public or to an institutional user. It includes a person distributing eggs to his own retail outlet but does not include a person engaged to haul or transport eggs nor a producer.

SECTION 39-39-120. Egg wholesalers must be licensed.

Wholesalers handling eggs must be licensed by the Department of Agriculture. The license must be issued at no cost and in a form prescribed by regulations promulgated by the department.

SECTION 39-39-130. State standards, grades, and weight classes for shell eggs same as United States standards except as modified or rejected.

The South Carolina standards, grades, and weight classes for shell eggs are the same as the United States standards and their supplements and revisions as published by the United States Department of Agriculture, except as modified or rejected by regulations promulgated by the Commissioner of Agriculture.

SECTION 39-39-140. Eggs shall be labeled as to quality, size and weight class.

In order to protect the producer, the distributor, and the consumer, all eggs sold in this State must be labeled so as to designate their quality, size, and weight class.

SECTION 39-39-150. Unlawful acts.

It is unlawful to:

(1) offer eggs for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers and to fail to display conspicuously on the case, box, or other container a plainly written designation showing the correct grade and weight class to which the eggs conform. The designation must be of the kind and in the manner required by regulations of the Department of Agriculture;

(2) use the word "nulaid", "country", "hennery", "day-old", "select", "selected", "certified", "best", "nearby", "fresh-laid", or a similar descriptive term which the Commissioner of Agriculture, by regulation, prohibits in connection with the advertising or selling of eggs;

(3) use the words "South Carolina" in connection with the advertisement and sale of eggs not produced in this State;

(4) use the word "fresh" in connection with the advertisement and sale of eggs not produced in this State unless those eggs meet or exceed the quality standard designated "Grade A".

SECTION 39-39-160. Enforcement; promulgation of rules and regulations.

The Commissioner of Agriculture is charged with the enforcement of this chapter and is authorized to promulgate regulations necessary to carry out its provisions and purposes.

SECTION 39-39-170. Exemptions.

The following are exempt from this chapter:

(1) persons who buy or sell eggs to be used exclusively for hatching purposes;

(2) shipments of eggs in interstate commerce;

(3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced.

SECTION 39-39-180. Penalties.

(A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than:

(1) one hundred nor more than two hundred dollars for a first violation;

(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;

(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.

(B) The commissioner or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than:

(1) one hundred nor more than two hundred dollars for a first violation;

(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;

(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.

(C) A person violating this chapter, upon conviction, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court.





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