H 4751 Session 109 (1991-1992)
H 4751 General Bill, By
House Agriculture, Natural Resources and Environmental Affairs
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.
04/15/92 House Introduced, read first time, placed on calendar
without reference HJ-18
05/06/92 House Read second time HJ-20
05/07/92 House Debate adjourned until Tuesday, May 12, 1992 HJ-66
05/12/92 House Tabled HJ-19
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 15, 1992
H. 4751
Introduced by Agriculture, Natural Resources and Environmental Affairs
Committee
S. Printed 4/15/92--H.
Read the first time April 15, 1992.
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.
Be it enacted by the General Assembly of the State of South Carolina:
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,
the words and terms enumerated below are defined as follows:
(1) `Person' means an individual, partnership, corporation,
association, or other business entity.
(2) `Distributor' means any one or more of the
following persons listed in this item wherever located
or operating, whether within or without the State of
South Carolina, doing business and engaged in receiving, producing,
processing, manufacturing, subdistribution
subdistributing, distributing, marketing, or handling in any
manner any one or more of the products covered by this
chapter and offering such the products for sale in this
State. Distributor means a person, irrespective of
whether such person is or not a producer, except a
distributor who sells less than one hundred gallons of fluid milk products
per a day which are produced on his own
farm, who:
(a) who receives, processes, manufactures, and packages
any products covered by this article for human consumption;
(b) who offers for sale any products covered
by this chapter at wholesale or retail;
(c) who operates a store or other establishment from
which any products covered by this chapter are offered for sale
at retail.
(3) `Producer' means any a person,
irrespective of whether such or not the person
is 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 any a producer
who is not a member of a producer association or association of
producers.
(5) `Market' means any a county or group of
counties within this State, including the State as a whole.
(6) `Producer association or association of producers' means
any a cooperative association of producers incorporated
and existing under the cooperative laws of South Carolina or any
such 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 any an establishment which
purchases or otherwise acquires in processed and packaged form
any one or more of the products covered by this chapter
for use or resale for human consumption.
(8) `Licensee' means any a person required to
obtain a license by this chapter and any person 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 that
is cooled, pasteurized, standardized, or otherwise processed with a
view of selling it as fluid milk, cream, skimmed milk, cultured milk, or
as any other another fluid milk product.
(10) "Subsidiary" means any person over whom a
distributor or an affiliate of a distributor has, or several distributors
collectively have, either directly or indirectly, actual or legal control,
whether by stock ownership or in any other manner.
(11) "Affiliate" means any person or subsidiary thereof
who has, either directly or indirectly, actual or legal control over a
distributor, whether by stock ownership or otherwise.
(12) "Books and records" means any books, records,
accounts, invoices, contracts, financial statements, memoranda,
documents, papers, correspondence, or other data pertaining to the
business of any person.
(13) "Costs" means money paid or financial obligations
incurred by a person in the production, manufacture, or acquisition of
any products covered by this chapter and the amount of money paid, or
financial obligations incurred in the processing, packaging, distributing,
marketing, advertising, and selling, including all administrative and
overhead costs, of such products.
(14)(10) `Doing business' means the engaging
in or the transaction of any activity in this State for the
purpose of financial profit or gain.
(15)(11) `Department' means the South Carolina
Department of Agriculture."
SECTION 2. Sections 46-49-30 and 46-49-50 of the 1976 Code are
repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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