S*0796(Rat #0426, Act #0379)  General Bill, By Leventis
 A Bill to amend Article 3, Chapter 39, Title 39, Code of Laws of South
 Carolina, 1976, relating to eggs, so as to revise the restrictions,
 requirements, and penalties on the labeling and marketing of eggs; and to
 repeal Article 1, Chapter 39, relating to the sale of eggs and baby chicks.

   05/26/93  Senate Introduced and read first time SJ-14
   05/26/93  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-14
   01/26/94  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-7
   01/27/94  Senate Read second time SJ-15
   02/01/94  Senate Read third time and sent to House SJ-15
   02/02/94  House  Introduced and read first time HJ-17
   02/02/94  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-18
   04/06/94  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   04/21/94  House  Amended HJ-33
   04/21/94  House  Read second time HJ-34
   04/21/94  House  Unanimous consent for third reading on next
                     legislative day HJ-34
   04/22/94  House  Read third time and returned to Senate with
                     amendments HJ-2
   04/27/94  Senate Concurred in House amendment and enrolled SJ-18
   05/04/94         Ratified R 426
   05/10/94         Signed By Governor
   05/10/94         Effective date 05/10/94
   05/23/94         Copies available

AN ACT TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON AND THE EXEMPTIONS FOR THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.

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

Provisions for the labeling and marketing of eggs revised

SECTION 1. Article 3, Chapter 39, Title 39 of the 1976 Code is amended to read:

"Section 39-39-110. 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. 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. 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. 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. 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. 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. 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. (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."

Repeal

SECTION 2. Article 1, Chapter 39, Title 39 of the 1976 Code is repealed.

Time effective

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

Approved the 10th day of May, 1994.