S*1437(Rat #0473, Act #0407 of 1992)  General Bill, By 
Senate Agriculture and Natural Resources
 A Bill to amend Section 46-49-10, Code of Laws of South Carolina, 1976,
 relating to definitions pertaining to the supervision and regulation of milk
 and milk products, so as to delete the definitions of "subsidiary",
 "affiliate", "books and records", and "costs"; and to repeal Section 46-49-30
 relating to the authority of the Department of Agriculture and the Department
 of Health and Environmental Control regarding milk purchasing plans and
 producers' milk bases and Section 46-49-50 relating to the requirements to
 maintain records and file reports for persons licensed to sell milk.

   03/30/92  Senate Introduced, read first time, placed on calendar
                     without reference SJ-7
   04/09/92  Senate Read second time SJ-18
   04/14/92  Senate Read third time and sent to House SJ-12
   04/15/92  House  Introduced and read first time HJ-22
   04/15/92  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-23
   05/06/92  House  Recalled from Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-81
   05/20/92  House  Debate adjourned until Thursday, May 21, 1992 HJ-84
   05/21/92  House  Read second time HJ-13
   05/21/92  House  Unanimous consent for third reading on next
                     legislative day HJ-14
   05/22/92  House  Read third time and enrolled HJ-41
   05/27/92         Ratified R 473
   06/01/92         Signed By Governor
   06/01/92         Effective date 06/01/92
   06/01/92         Act No. 407
   07/13/92         Copies available

AN ACT TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions of "subsidiary", "affiliate", "books and records", and costs deleted

SECTION 1. Section 46-49-10 of the 1976 Code is amended to read:

"Section 46-49-10. As used in this chapter, unless otherwise stated or the context of the subject matter clearly indicates otherwise:

(1) `Person' means an individual, partnership, corporation, association, or other business entity.

(2) `Distributor' means one or more of the persons listed in this item wherever located or operating, within or without South Carolina, doing business and engaged in receiving, producing, processing, manufacturing, subdistributing, distributing, marketing, or handling one or more of the products covered by this chapter and offering the products for sale in this State. Distributor means a person, whether or not a producer, except a distributor who sells less than one hundred gallons of fluid milk products a day produced on his own farm, who:

(a) receives, processes, manufactures, and packages products covered by this article for human consumption;

(b) offers for sale products covered by this chapter at wholesale or retail;

(c) operates a store or other establishment from which products covered by this chapter are offered for sale at retail.

(3) `Producer' means a person, whether or not the person also is a distributor or member or a producer association who produces milk for sale as fluid milk in the State.

(4) `Independent producer' means a producer who is not a member of a producer association or association of producers.

(5) `Market' means a county or group of counties within this State, including the State as a whole.

(6) `Producer association or association of producers' means a cooperative association of producers incorporated and existing under the cooperative laws of South Carolina or an association incorporated and existing under similar laws of another state, which is authorized to do business in South Carolina and which the board determines to have full authority for the sales of milk and dairy products of its members.

(7) `Store' means an establishment which purchases or otherwise acquires in processed and packaged form one or more of the products covered by this chapter for use or resale for human consumption.

(8) `Licensee' means a person required to obtain a license by this chapter and who is a de facto licensee under this chapter.

(9) `Milk' means the clean lacteal secretion obtained by the complete milking of one or more healthy cows, including milk cooled, pasteurized, standardized, or otherwise processed with a view of selling it as fluid milk, cream, skimmed milk, cultured milk, or as another fluid milk product.

(10) `Doing business' means the engaging in or the transaction of activity in this State for financial profit or gain.

(11) `Department' means the South Carolina Department of Agriculture."

Repeal

SECTION 2. Sections 46-49-30 and 46-49-50 of the 1976 Code are repealed.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 1st day of June, 1992.