S 770 Session 123 (2019-2020) S 0770 General Bill, By Campbell A BILL TO AMEND CHAPTER 27, TITLE 46 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA COMMERCIAL FEED ACT, TO PROVIDE THAT CERTAIN SALES ARE UNLAWFUL, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS AUTHORIZED TO PROMULGATE CERTAIN REGULATIONS, TO PROVIDE THAT THE COMMISSIONER MAY INSPECT, AUDIT, OR CERTIFY COMMERCIAL FEED MANUFACTURER OR DISTRIBUTOR FACILITIES AND ISSUE CERTIFICATES, TO PROVIDE FOR LICENSING AND REGISTRATION, TO PROVIDE FOR THE LABELING OF COMMERCIAL FEEDS, TO PROVIDE THE CONDITIONS FOR A COMMERCIAL FEED TO BE DEEMED MISBRANDED, TO PROVIDE THE CONDITIONS FOR A COMMERCIAL FEED TO BE DEEMED ADULTERATED, TO PROVIDE THAT THE COMMISSIONER MAY INSPECT, TAKE SAMPLES, AND PERFORM ANALYSES, TO PROVIDE FOR THE PUBLICATION OF CERTAIN INFORMATION, TO PROVIDE THAT THE COMMISSIONER MAY APPOINT ANALYSTS, CHEMISTS, AND INSPECTORS, TO PROVIDE FOR A CERTIFICATE OF ANALYSIS AS PRIMA FACIE EVIDENCE, TO PROHIBIT CERTAIN ACTS, TO PROVIDE THAT THE COMMISSIONER MAY SUSPEND SALES OF FEED AND SEEK ENFORCEMENT REMEDIES, TO PROVIDE HOW SALES ARE MADE, TO PROVIDE THAT THE COMMISSIONER SHALL NOTIFY DEALERS AND SOLICITORS OF VIOLATIONS, TO PROVIDE FOR PENALTIES, TO PROVIDE FOR FINES PAID TO THE DEPARTMENT OF AGRICULTURE, AND TO DEFINE NECESSARY TERMS.
TO AMEND CHAPTER 27, TITLE 46 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA COMMERCIAL FEED ACT, TO PROVIDE THAT CERTAIN SALES ARE UNLAWFUL, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS AUTHORIZED TO PROMULGATE CERTAIN REGULATIONS, TO PROVIDE THAT THE COMMISSIONER MAY INSPECT, AUDIT, OR CERTIFY COMMERCIAL FEED MANUFACTURER OR DISTRIBUTOR FACILITIES AND ISSUE CERTIFICATES, TO PROVIDE FOR LICENSING AND REGISTRATION, TO PROVIDE FOR THE LABELING OF COMMERCIAL FEEDS, TO PROVIDE THE CONDITIONS FOR A COMMERCIAL FEED TO BE DEEMED MISBRANDED, TO PROVIDE THE CONDITIONS FOR A COMMERCIAL FEED TO BE DEEMED ADULTERATED, TO PROVIDE THAT THE COMMISSIONER MAY INSPECT, TAKE SAMPLES, AND PERFORM ANALYSES, TO PROVIDE FOR THE PUBLICATION OF CERTAIN INFORMATION, TO PROVIDE THAT THE COMMISSIONER MAY APPOINT ANALYSTS, CHEMISTS, AND INSPECTORS, TO PROVIDE FOR A CERTIFICATE OF ANALYSIS AS PRIMA FACIE EVIDENCE, TO PROHIBIT CERTAIN ACTS, TO PROVIDE THAT THE COMMISSIONER MAY SUSPEND SALES OF FEED AND SEEK ENFORCEMENT REMEDIES, TO PROVIDE HOW SALES ARE MADE, TO PROVIDE THAT THE COMMISSIONER SHALL NOTIFY DEALERS AND SOLICITORS OF VIOLATIONS, TO PROVIDE FOR PENALTIES, TO PROVIDE FOR FINES PAID TO THE DEPARTMENT OF AGRICULTURE, AND TO DEFINE NECESSARY TERMS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 27, Title 46 of the 1976 Code is amended to read:
Section 46-27-10. This chapter shall be known and cited as the 'South Carolina Commercial Feed Act.' Section 46-27-20. For the purposes of this chapter: (1) 'Brand name' means any word, name, symbol, device, or any combination thereof identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
(2) (3) 'Commissioner' means the Commissioner of Agriculture. (4) 'Contract feeder' means a person who is an independent contractor; who feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished, or otherwise provided to the person; and whose remuneration is determined all or in part by feed consumption, mortality, profits, or the amount or quality of the product. (5) 'Customer-formula feed' means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. (6) 'Department' means the Department of Agriculture. (7) 'Distribute' means: (a) to offer for sale, sell, exchange, or barter commercial feed to a contract feeder; or (b) to supply, furnish, or otherwise provide commercial feed to a contract feeder. (8) 'Distributor' means any person who distributes. (9) 'Drug' means: (a) any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and (b) articles other than commercial feed intended to affect the structure or any function of an animal body. (10) 'Feed ingredient' means one of the constituent materials making up a commercial feed. (11) 'Label' means a display of written, printed, or graphic matter upon or affixed to a container in which commercial feed is distributed, or on the invoice or delivery slip with which the commercial feed is distributed. (12) 'Labeling' means all labels and other written, printed, or graphic matter: (a) upon commercial feed or any of its containers or wrappers; (b) accompanying commercial feed; or (c) supporting commercial feed. (13) 'Manufacture' means to grind, mix, blend, process, package, or label a commercial feed for distribution. (14) 'Mineral feed' means a commercial feed intended to supply primarily mineral elements or inorganic nutrients. (15) 'Official sample' means a sample of commercial feed taken by the commissioner or his agent in accordance with the provisions of Section 46-27-410. (16) 'Percent' or 'percentages' means percentages by weights. (17) 'Person' includes an individual, partnership, corporation, and association.
(20) 'Product name' means the name of a commercial feed that identifies it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name. (21) 'Quantity statement' means the net weight, or mass; liquid measure; or count. (22) 'Raw milk' means any milk or milk product, exclusive of the United States Department of Agriculture licensed veterinary biologics, from any species other than humans, that has not been pasteurized in accordance with processes recognized by the United States Food and Drug Administration. (23) 'Specialty pet' means any animal commonly maintained in a household, including, but not limited to, rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur. (24) 'Specialty pet food' means any commercial feed prepared and distributed for consumption by specialty pets.
Section 46-27-30.
(1) sell or offer or expose for sale or distribution in this State any commercial feed without complying with the requirements of
(2) sell or offer or expose for sale or distribution any commercial feed which contains substantially a smaller percentage of
Section (1) the official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and (2) any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act, provided that the commissioner would have the authority under this chapter to promulgate such regulations. (B)(1) Except as provided in item (2), the commissioner shall promulgate regulations, or amend or repeal existing regulations, authorized by this chapter, in accordance with the procedure and requirements contained in Article 1, Chapter 23, Title 1. (2) The commissioner may adopt by reference the official definitions of feed ingredients and official feed terms as adopted by the Association of American Feed Control Officials and regulations promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act. (C) The commissioner may also adopt by reference the federal regulations contained in Title 21, Code of Federal Regulations, part 507.
Section (1) inspect, audit, or certify commercial feed manufacturer or distributor facilities at the request of the manufacturer or distributor to the extent authorized by this chapter, or on the basis of other records voluntarily supplied by the manufacturer or distributor; (2) issue certificates pursuant to item (1), including, but not limited to, certificates of export from the State; (3) promulgate, amend, or adopt regulations to inspect, audit, or certify and issue certificates pursuant to this section; and (4) include a schedule of fees that addresses all activities required under this section. Such fees shall not duplicate those set forth in other sections of this chapter.
Section 46-27-210. (A) (B) Any person who is required to obtain a license shall submit an application on a form provided or approved by the commissioner accompanied by a license fee of fifty-five dollars, paid to the commissioner, who shall deposit it into the Department of Agriculture fund, of which the State Treasurer is the custodian, for the express purpose of enforcement of this chapter. The license year shall be January first to December thirty-first. Each license shall expire on the thirty-first day of December of the year for which it was issued, provided that any license shall be valid through January first of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder has filed a renewal application with the commissioner on or before December thirty-first of the year for which the current license was issued. Any new applicant who fails to obtain a license within thirty working days of notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a one hundred dollar late fee in addition to the license fee. (C) At any time, the commissioner may request from a license applicant or licensee copies of labels and labeling in order to determine compliance with the provisions of this chapter. (D) No person shall distribute in this State a commercial feed, except a customer-formula feed, that has not been registered pursuant to the provisions of this section by the licensee whose name appears on the label. The application for registration shall be submitted in the manner prescribed by the commissioner. Upon approval by the commissioner, the registration shall be issued to the applicant. All registrations expire on the thirty-first day of December of each year. (E) The commissioner is empowered to refuse registration of any commercial feed not in compliance with the provisions of this chapter and to cancel any registration subsequently found not to be in compliance with any provision of this chapter, provided that no registration shall be refused or canceled unless the registrant has been given an opportunity to be heard before the commissioner and to amend his application in order to comply with the requirements of this chapter.
Section 46-27-310. (A)
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(5) (6) adequate directions for use for all commercial feeds containing drugs and for other commercial feeds as necessary that the commissioner may require by regulation for their safe and effective use; and (7) precautionary statements that the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed. (B) A customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information: (1) the name and address of the manufacturer; (2) the name and address of the purchaser; (3) the date of delivery; (4) the product name and quantity statement of each commercial feed and each other feed ingredient used in the mixture; (5) adequate directions for use for all customer-formula feeds containing drugs and for other feeds as necessary that the commissioner may require by regulation for their safe and effective use; (6) the directions for use and precautionary statements as required by regulations promulgated by the commissioner; and (7) if a drug-containing product is used: (a) the purpose of the medication, or claim statement; and (b) the established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with regulations promulgated by the commissioner.
Section 46-27-320. (1) its labeling is false or misleading in any particular; (2) it is distributed under the name of another commercial feed; (3) it is not labeled as required by Section 46-27-310 of this chapter or a regulation promulgated under this chapter; (4) it purports to be or is represented as a commercial feed, or it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or (5) any word, statement, or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed thereon with conspicuousness, as compared with other words, statements, designs, or devices in its labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Section 46-27-330. (1) it bears or contains any poisonous or deleterious substance that may render it injurious to health. In case the substance is not an added substance, the commercial feed shall not be considered adulterated under this item if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health; (2) it bears or contains any added poisonous, added deleterious, or added non-nutritive substance that is unsafe within the meaning of Section 406 of the federal Food, Drug, and Cosmetic Act, other than one that is: (a) a pesticide chemical in or on a raw agricultural commodity; or (b) a food additive; (3) it is, bears, or contains any food additive that is unsafe within the meaning of Section 409 of the federal Food, Drug, and Cosmetic Act; (4) it is a raw agricultural commodity and it bears or contains a pesticide chemical that is unsafe within the meaning of Section 408(a) of the federal Food, Drug, and Cosmetic Act, provided that for a pesticide chemical that has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the federal Food, Drug, and Cosmetic Act and for which the raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed shall not be deemed unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of the processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, that is unsafe within the meaning of Section 408(a) of the federal Food, Drug, and Cosmetic Act; (5) it is, bears, or contains any color additive that is unsafe within the meaning of Section 721 of the federal Food, Drug, and Cosmetic Act; (6) it is, bears, or contains any new drug that is unsafe within the meaning of Section 512 of the federal Food, Drug, and Cosmetic Act; (7) it consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise unfit for feed; (8) it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (9) it is, in whole or in part, the product of a diseased animal or of an animal that has died otherwise than by slaughter that is unsafe within the meaning of Section 402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; (10) its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; (11) it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to Section 409 of the federal Food, Drug, and Cosmetic Act; (12) any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefore; (13) its composition or quality falls below or differs from what its labeling purports or represents it to possess; (14) it contains a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner to assure that the drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess. In promulgating regulations, the commissioner shall adopt the current good manufacturing practice regulations for Type A medicated articles and Type B and Type C medicated feeds established under authority of the federal Food, Drug, and Cosmetic Act, unless the commissioner determines that they are not appropriate to the conditions that exist in this State; or (15) it contains viable weed seeds in amounts exceeding the limits that the commissioner shall establish by regulation.
Section 46-27-410. (A) (1) to enter, during normal business hours, any factory, warehouse, or establishment within the State in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (2) to inspect, at reasonable times, within reasonable limits, and in a reasonable manner, factories, warehouses, establishments, or vehicles and all pertinent equipment, finished and unfinished materials, containers, and labeling. Inspection may include the verification of records, and production and control procedures related to the manufacture, distribution, storage, handling, use, or disposal of commercial feed as may be necessary to determine compliance with this chapter. (B) A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each inspection must begin and be completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified. (C) If the commissioner or his agent making an inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, then, upon completion of the inspection and prior to leaving the premises, the inspector or sampler must provide a receipt describing the samples obtained to the owner, operator, or agent in charge. (D) If the owner of any factory, warehouse, or establishment described in subsection (A), or his agent, refuses to admit the commissioner, his officers, or his employees to inspect in accordance with subsections (A) and (B), then the commissioner is authorized to obtain from any court of competent jurisdiction a warrant directing the owner or his agent to submit the premises described in the warrant to inspection. (E) For the enforcement of this chapter, the commissioner or his duly designated agent is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, to obtain samples, and to examine and copy records relating to the distribution of commercial feeds. (F) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Agricultural Chemists International, or in accordance with other generally recognized methods. (G) The results of all analyses of official samples shall be forwarded by the commissioner to the person named on the label and to the purchaser. If the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, and upon request within thirty days following the receipt of the analysis, then the commissioner shall furnish to the registrant a portion of the sample concerned. (H) The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample, as defined in Section 46-27-20(15), obtained and analyzed as provided for in this chapter. (I) If the inspection and analysis of an official sample indicates that the commercial feed has been adulterated or misbranded, then the person whose name appears on the label of the indicated commercial feed as the guarantor shall be required to provide a manufacturer's report of investigation to the department within thirty days following receipt of the official analysis.
Section 46-27-420.
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Section 46-27-510. The following acts are prohibited within this State: (1) the manufacture or distribution of any commercial feed that is adulterated or misbranded; (2) the adulteration or misbranding of any commercial feed; (3) the distribution of agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of Section 46-27-330; (4) the removal or disposal of commercial feed in violation of an order issued by the commissioner or his agent for violations of this chapter; (5) the failure or refusal to register or obtain a license in accordance with Section 46-27-210; (6) re-use of bags or totes used for commercial feeds, including customer-formula feed, that have not been appropriately cleaned. A person that intends to re-use bags or totes must document its cleanout procedures; and (7) the distribution of raw milk for use as commercial feed for any species if the raw milk: (a) has not been decharacterized using a sufficient quantity of food coloring as designated by the commissioner; (b) has been decharacterized using food coloring unless the food coloring has been approved by the United States Food and Drug Administration or, in the case of raw milk labeled as organic, approved by the United States Department of Agriculture; (c) has been decharacterized and the nutritive value of the milk has been adversely affected by the decharacterization; (d) is packaged in containers that are or resemble those used for the packaging of milk for human consumption; (e) is stored at retail with, or in the vicinity of, milk or milk products intended for human consumption; or (f) does not comply with Section 46-27-330.
Section 46-27-610. (A) (B) Any lot of commercial feed not in compliance with the provisions of this chapter and regulations promulgated pursuant to this chapter may be subject to seizure on complaint to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of or sold as described in Section 47-27-630, provided that in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or re-label the commercial feed to bring it into compliance with this chapter.
Section 46-27-620.
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Section (B) Nothing in this chapter shall be construed as requiring the commissioner or his agent to report for prosecution, institute seizure proceedings, or issue a withdrawal from a distribution order, as a result of minor violations of this chapter, or when the commissioner believes the public interest will best be served by suitable notice of warning in writing. (C) It shall be the duty of each solicitor to whom any violation is reported to institute and prosecute appropriate proceedings without delay. Before the commissioner reports a violation for prosecution, an opportunity shall be given to the distributor to present his view to the commissioner. (D) The commissioner is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any regulation promulgated under this chapter notwithstanding the existence of other remedies at law. Any injunction is to be issued without bond. (E) Any person who violates any of the provisions of this chapter or an order, standard, stipulation, agreement, citation, or schedule of compliance of the commissioner or impedes, hinders, otherwise prevents, or attempts to prevent the performance of a duty by the commissioner in connection with this chapter may be subject to a civil penalty of up to fifty dollars per violation, per day, as determined by the commissioner. (F) In any action to compel the performance of an order of the commissioner to enforce this chapter, a court must require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order. (G) The civil penalties and payments provided for in this section may be recovered by a civil action brought by the commissioner in the name of the State.
Section SECTION 2. This act takes effect upon approval by the Governor.
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