Bill 2743

                    Current Status

Bill Number:               2743
Ratification Number:       142
Act Number                 102
Introducing Body:          House
Subject:                   Sale of saltwater fishery products in
                           South Carolina

(A102, R142, H2743)

AN ACT TO AMEND SECTION 50-17-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DEFINE "PRIMARY WHOLESALE" AND "RETAIL" SEAFOOD DEALERS AND "SALTWATER FISHERY PRODUCTS", TO REGULATE THE SALE OF SALTWATER FISHERY PRODUCTS IN SOUTH CAROLINA, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Licenses for dealers and processors of saltwater fishery products; fees; penalties

SECTION 1. Section 50-17-450 of the 1976 Code is amended to read:

"Section 50-17-450. For purposes of this article:

(1) primary wholesale seafood dealer is a person who buys or receives fresh or frozen saltwater fishery products taken or landed in this State from fishermen or harvesters and sells, transfers, ships, or consigns the products to other wholesalers or retailers, but does not sell exclusively to consumers;

(2) a retail seafood dealer is a person who sells fresh or frozen saltwater fishery products directly to the consumer, not for resale;

(3) the term saltwater fishery products means molluscan shellfish, crustaceans, finfish, and any other marine, estuarine, or anadromous species.

A qualified person who meets the license and other requirements of this article and other applicable statutes and regulations may operate as both a wholesale and retail seafood dealer.

A person, prior to engaging in business or operating as a primary wholesale seafood dealer, shall obtain a license from the Division of Marine Resources upon payment of a fee of fifty dollars. Any fisherman who sells his catch to a person required to have a primary wholesale dealer license under this section shall obtain an annual land and sell license from the division, the fee for which is twenty-five dollars. The license is not required of persons licensed under Section 50-17-330 who sell their catch exclusively to a primary wholesale seafood dealer. Any person who takes saltwater fishery products and sells his catch shall sell the catch only to a licensed wholesale seafood dealer or must be a licensed wholesale seafood dealer himself.

All saltwater fishery products to be used for commercial purposes caught or taken in state waters and landed in this State or landed by a fishing vessel of any type regardless of where taken must be delivered to a primary wholesale seafood dealer licensed under this section, either for direct sale or for handling, packing, processing, or shipping. It is unlawful for a person required to have a primary wholesale seafood dealer license to purchase or receive saltwater fishery products landed in this State from any fisherman not licensed under Section 50-17-330, or licensed under this section. The provisions of this section do not apply to properly licensed persons engaged only in the taking or sale of live bait.

All primary wholesale seafood dealers licensed under this section shall have a permanent, nonmobile establishment, or packing house with facilities for the proper handling, storage, and sanitation of seafood products. A separate primary wholesale dealer's license is required for each establishment or business owned or operated by a person.

Roadside venders, transient dealers, or peddlers operating from mobile vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers, who shall receive or purchase the products only from licensed primary wholesale dealers or other retailers, and shall comply with the retail license and tax requirements provided under Title 12, Chapter 35.

Any person driving or operating a vehicle transporting a shipment or load of fresh or frozen saltwater fishery products and any person selling or offering for sale the products shall have in possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species or type of seafood transported or sold and the name and address of the licensed wholesale seafood dealer or harvester from whom the products were purchased or received. The proof is not required of a commercial fisherman transporting his catch to a licensed primary wholesale seafood dealer, but he shall have in his possession all licenses, permits, and tags required by law for the harvest, transporting, and sale of saltwater fishery products.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, any catch, load, or shipment of saltwater fishery products in possession or being transported by any person violating the provisions of this section may be seized and sold, with the proceeds held pending the final disposition of the case."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.