S*1445 Session 107 (1987-1988)
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
(A595, R683, S1445)
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. |