S*1445(Rat #0683, Act #0595 of 1988)  General Bill, By 
Senate Agriculture and Natural Resources
 A Bill to amend Sections 46-25-20, as amended, 46-25-30, 46-25-210, 46-25-510,
 46-25-820, and 46-25-1010, Code of Laws of South Carolina, 1976, relating to
 fertilizers, so as to change the definition of "board", change provisions
 relating to guaranteed analyses of plant nutrients, change bulk sales
 regulations, change licensing requirements, regulate the sale or distribution
 of superphosphate, increase the annual registration fee and inspection tax
 from ten dollars to thirty dollars, change reporting requirements, and to
 eliminate some of the penalty provisions; to amend the 1976 Code by adding
 Sections 46-25-1160 and 46-25-1170 so as to provide penalties; and to repeal
 Sections 46-25-550, 46-25-560, and 46-25-1070 relating to standards for use of
 nitrogen in cottonseed meal and penalty provisions.

   04/21/88  Senate Introduced, read first time, placed on calendar
                     without reference SJ-8
   04/27/88  Senate Read second time SJ-82
   04/27/88  Senate Ordered to third reading with notice of
                     amendments SJ-82
   04/28/88  Senate Read third time and sent to House SJ-36
   05/03/88  House  Introduced and read first time HJ-3472
   05/03/88  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-3473
   05/11/88  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-3657
   05/17/88  House  Amended HJ-3819
   05/17/88  House  Read second time HJ-3819
   05/18/88  House   Read third time HJ-3837
   05/18/88  House  Returned HJ-3837
   05/24/88  Senate Concurred in House amendment and enrolled SJ-27
   05/31/88         Ratified R 683
   06/01/88         Signed By Governor
   06/01/88         Effective date 06/01/88
   06/01/88         Act No. 595
   06/14/88         Copies available

AN ACT TO AMEND SECTIONS 46-25-20, AS AMENDED, 46-25-30, 46-25-60, 46-25-210, 46-25-510, 46-25-820, AND 46-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FERTILIZERS, SO AS TO CHANGE THE DEFINITION OF "BOARD", CHANGE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANGE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANGE REPORTING REQUIREMENTS, AND TO ELIMINATE SOME OF THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-25-1160 AND 46-25-1170 SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 46-25-550, 46-25-560, AND 46-25-1070 RELATING TO STANDARDS FOR USE OF NITROGEN IN COTTONSEED MEAL AND PENALTY PROVISIONS.

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

Definition of board

SECTION 1. Section 46-25-20(1) of the 1976 Code, as last amended by an act of 1988 bearing ratification number 424, is further amended to read:

"(1) 'Board' means not over five members of the board of trustees of Clemson University who must be designated by the board or its designated agent and authorized representative, the Department of Fertilizer and Pesticide Control, Division of Regulatory and Public Service Programs, Clemson University."

Fertilizer; chlorine content

SECTION 2. The fifth paragraph of Section 46-25-30 of the 1976 Code is amended to read:

"Guarantees for other plant nutrients other than nitrogen, phosphorus, and potassium may be permitted or required by regulation of the board. The guarantees for other such nutrients must be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) are required upon registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the board. When any plant nutrients or other substances or compounds are guaranteed, they are subject to inspection and analysis in accord with the methods and regulations prescribed by the board.

In fertilizers designated for use in tobacco products, the chlorine content must be guaranteed by the registrant at the time of registration to comply with existing regulations promulgated under authority of this chapter. A change in the chlorine content must be reported immediately to the board."

Bulk shipments

SECTION 3. Section 46-25-60 of the 1976 Code is amended to read:

"Section 46-25-60. If a penalty is incurred as a result of a distributor altering the content or labeling of a commercial fertilizer shipped in bulk to the distributor by a registrant, the board or its authorized representative may relieve the registrant of the liability for payment of the penalty and, in lieu thereof, assess the penalty against the distributor who deliberately or inadvertently altered the fertilizer or its labeling."

Fertilizer registration

SECTION 4. Section 46-25-210 of the 1976 Code is amended to read:

"Section 46-25-210. Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State to nonregistrants must be registered with the State. The application for registration must be submitted to the board on forms furnished by the board. Upon approval by the board or its authorized agent, a copy of the registration must be furnished to the applicant.

(1) A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the board or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the board or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule:

Tonnage Volume of

Registrant License Fee

0-5,000 tons Fifty dollars

5,001-25,000 tons One hundred dollars

More than 25,000 tons Two hundred dollars

A new registrant shall pay a license fee of fifty dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority.

(2) All brands and grades of specialty fertilizer offered for sale, sold, or distributed in this State must be registered on forms supplied by the board or its agent. All speciality fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product."

Superphosphate

SECTION 5. Section 46-25-510 of the 1976 Code is amended to read:

"Section 46-25-510. Superphosphate containing less than eighteen percent available phosphoric acid may not be offered for sale, sold, or distributed in this State."

Registration fee; inspection tax

SECTION 6. Section 46-25-820 of the 1976 Code is amended to read:

"Section 46-25-820. On individual packages of commercial fertilizer containing ten pounds or less, there must be paid in lieu of the twenty-five cents a ton inspection tax a combined annual registration fee and inspection tax of thirty dollars for each brand and grade sold or distributed. Where fertilizer is sold or distributed in packages of ten pounds or less as well as in packages over ten pounds, this annual registration and inspection tax of thirty dollars applies only to that portion sold in packages of ten pounds or less. That portion sold in packages over ten pounds is subject to the same regulation requirement provided in Section 46-25-210 and an inspection tax as provided in Section 46-25-810."

Reports of sales

SECTION 7. Section 46-25-830 of the 1976 Code is amended to read:

"Section 46-25-830. The registrant or guarantor transacting, distributing, or selling commercial fertilizer to a nonregistrant shall mail to the board or its duly authorized representative a report showing the following information: name and county of consignee, amount (tons) by grade, and analysis of commercial fertilizer. The report must be made on a special summary form provided by the board.

Registrants using computers or other mechanical means of compiling accurate fertilizer tonnage data, upon approval of the board, may submit a summary of the tonnage, along with all other information required for the reporting system, other than the name of the consignee, not later than fifteen days after the first of the following month, in lieu of the special summary form as otherwise required."

Penalties

SECTION 8. Section 46-25-1010(5) of the 1976 Code is amended to read:

"(5) All penalties must be paid within thirty-one calendar days after notice of assessment is made. Failure to pay penalties after notice may result in the revocation of the registrant's license. All penalties assessed under this article for deficiencies in guaranteed analysis of a commercial fertilizer must be entirely for the benefit of the ultimate consumer of the fertilizer. All penalties must be paid by the registrant, manufacturer, distributor, or dealer to the purchaser through the board, or its authorized representative, by a check or by a credit memorandum in the case of indebtedness of the purchaser to the seller. If the purchaser is not identified, the penalty must be paid by check to the State Treasurer who in turn shall send it to the board or its authorized representative. The minimum penalty for any deficiency is ten dollars."

Penalties

SECTION 9. The 1976 Code is amended by adding:

"Section 46-25-1160. It is unlawful for a person to receive or use any materials regulated by this chapter when he knows or should know that the material, the manufacturer, the distributor, or the deliverer fails to meet the requirements set forth in this chapter or in the regulations promulgated by the board. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not to exceed one thousand dollars.

Section 46-25-1170. In addition to a denial, suspension, revocation, or modification of a provision of a license or certificate, or any other penalty provided in this chapter, a person who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense."

Repeal

SECTION 10. Sections 46-25-550, 46-25-560, and 46-25-1070 of the 1976 Code are repealed.

Time effective

SECTION 11. This act takes effect upon approval by the Governor.