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1165Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000222Primary Sponsor: HuttoAll Sponsors: HuttoDrafted Document Number: l:\s-jud\bills\hutto\jud0097.cbh.docCompanion Bill Number: 4547Residing Body: SenateCurrent Committee: Agriculture and Natural Resources Committee 01 SANRSubject: Unfair trade practices, agricultural seed or plant salesman; Agriculture, Consumer Affairs, BusinessesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000303 Companion Bill No. 4547 Senate 20000222 Introduced, read first time, 01 SANR referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-39 TO THE "SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT," SO AS TO MAKE IT UNLAWFUL FOR A LICENSED SEED DEALER OR PERSON DOING BUSINESS AS A SELLER OF AGRICULTURAL SEED TO REFUSE TO SELL SEED TO A PERSON WHO HAS BROUGHT A CLAIM OR LEGAL ACTION AGAINST THE SEED DEALER OR SELLER FOR DEFECTIVE SEED OR PLANTS, AND BY ADDING SECTION 46-21-80 SO AS TO MAKE IT UNLAWFUL TO ARBITRARILY REFUSE TO SELL SELECTED SEED OR PLANTS IN SOUTH CAROLINA WHILE CONTINUING TO SELL OTHER SEED IN THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 39-5-39. It shall be an unlawful trade practice under Section 39-5-20 for any person engaged in the business of selling agricultural seed to refuse to sell or cause a seed dealer licensed under Section 46-21-40 to refuse to sell seed to a person because that person has made a claim or filed a legal proceeding against a seed seller or dealer because of allegedly defective seed or plants."
SECTION 2. The 1976 Code is amended by adding:
"Section 46-21-80. It shall be unlawful for any person in the business of selling seed or plants in the State of South Carolina to arbitrarily refuse to sell selected seed or plants in South Carolina, while continuing to sell other seed in South Carolina. A refusal to sell selected seed or plants is presumed to be arbitrary unless the seed or plants being withheld from sale in South Carolina are unsuitable for cultivation in South Carolina due to climatic conditions."
SECTION 3. This act takes effect upon approval by the Governor.
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