H*4282(Rat #0449, Act #0388 of 1992)  General Bill, By J.J. Snow
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 46-25-45 so as to provide for the Crop Pest Commission to delegate duties to
 the Director of Regulatory and Public Service Programs, Clemson; and to amend
 Section 46-25-20, as amended, relating to definitions pertaining to
 fertilizers, so as to delete the definition of the Board of Trustees of
 Clemson University and define the Commission, Director, and Division of
 Regulatory and Public Service Programs, Clemson; and to direct the Code
 Commissioner to change the references to "Board" to "Commission".-amended
 title

   01/28/92  House  Introduced and read first time HJ-9
   01/28/92  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-9
   02/27/92  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-6
   03/05/92  House  Amended HJ-46
   03/05/92  House  Read second time HJ-46
   03/17/92  House  Read third time and sent to Senate HJ-19
   03/18/92  Senate Introduced and read first time SJ-16
   03/18/92  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-16
   04/16/92  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-20
   04/29/92  Senate Read second time SJ-316
   04/30/92  Senate Read third time and enrolled SJ-24
   05/13/92         Ratified R 449
   05/15/92         Signed By Governor
   05/15/92         Effective date 05/15/92
   05/15/92         Act No. 388
   06/17/92         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".

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

Delegation of duties by the Crop Pest Commission to the Director of Regulatory and Public Service programs, Clemson

SECTION 1. The 1976 Code is amended by adding:

"Section 46-25-45. The commission shall delegate the duties provided in this chapter to the director who may administer and enforce this chapter and promulgate related regulations."

Definitions

SECTION 2. Section 46-25-20 of the 1976 Code, as last amended by Act 595 of 1988, is further amended to read:

"Section 46-25-20. When used in this chapter:

(1) `Commission' means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority.

(2) `Commercial fertilizer' means a substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by regulation of the commission.

(a) `Fertilizer material' is a commercial fertilizer which either:

1. contains important quantities of no more than one of the primary plant nutrients, nitrogen, phosphoric acid, and potash;

2. has approximately eighty-five percent of its plant nutrient content present in the form of a single chemical compound;

3. is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in a way so that its content of primary plant nutrients has not been changed materially except by purification and concentration.

(b) `Mixed fertilizer' is a commercial fertilizer containing a combination or mixture of fertilizer materials.

(c) `Specialty fertilizer' is a commercial fertilizer distributed primarily for nonfarm use such as home gardens, lawns, shrubbery, flowers, foliage plants, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.

(d) `Bulk fertilizer' is a commercial fertilizer distributed in a nonpackaged form.

(3) `Brand' means a term, design, or trademark used in connection with one or several grades of commercial fertilizer.

(4) `Guaranteed analysis' means the minimum percentage of plant nutrients claimed in accordance with Section 46-25-30.

(5) `Grade' means the percentage of nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. Fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units.

(6) `Official sample' means a sample of commercial fertilizer taken by the board or its agent and designated `official' by the board.

(7) `Ton' means a net weight of two thousand pounds avoirdupois.

(8) `Percent' means the percentage by weight.

(9) `Unit' of plant nutrient means twenty pounds or one percent of a ton.

(10) `Person' includes individual, partnership, association, firm, and corporation.

(11) `Distributor' means a person who imports, consigns, manufactures, produces compounds of, mixes, or blends commercial fertilizer or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this State.

(12) `Registrant' means the person who registers commercial fertilizer under this chapter.

(13) `Label' means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer.

(14) `Labeling' means all written, printed, or graphic matter upon or accompanying commercial fertilizer or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers.

(15) `Investigational allowance' means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer.

(16) `Soil amendment' includes every substance or mixture of substances except those under items (2) and (3) imported, manufactured, prepared, or sold for fertilizer, manurial, soil enriching, or soil corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of crops, or producing a chemical or physical change in the soil.

(17) `Unmanipulated manure' means substances composed primarily of excreta plant remains or mixtures of the substances which have not been processed.

(18) `Manipulated manures' means substances composed primarily of excreta plant remains or mixtures of the substances which have been processed including the addition of plant foods, drying, grinding, and other means.

(19) `Director' means the Director of Regulatory and Public Service Programs, Clemson University.

(20) `Division' means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials."

References to "board" changed to "commission"

SECTION 3. The Code Commissioner shall change references to "board" to "commission" in Chapter 25, Title 46 of the 1976 Code.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 15th day of May, 1992.