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Current Status Bill Number:View additional legislative information at the LPITS web site.4547 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000203 Primary Sponsor:Bowers All Sponsors:Bowers Drafted Document Number:l:\council\bills\skb\18103som00.doc Companion Bill Number:1165 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Trade practices, unfair; agriculture seed or plant salesman not to refuse sell if claim made against seed dealer History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000303 Companion Bill No. 1165 House 20000203 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-39 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE FOR A PERSON WHO SELLS AGRICULTURAL SEED OR PLANTS TO REFUSE TO SELL SEED OR PLANTS TO A PERSON WHO HAS MADE A CLAIM OR FILED A LEGAL PROCEEDING AGAINST A SEED DEALER FOR ALLEGEDLY DEFECTIVE SEED OR PLANTS; AND BY ADDING SECTION 46-21-80 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO SELLS AGRICULTURAL SEED OR PLANTS IN THE STATE TO ARBITRARILY REFUSE TO SELL SELECTED SEED OR PLANTS WHILE CONTINUING TO SELL OTHER SEED OR PLANTS AND TO FURTHER PROVIDE THAT THE COMMISSIONER OF AGRICULTURE MAY SUSPEND THE LICENSE OF A PERSON WHO VIOLATES THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-39. It is an unlawful trade practice under Section 39-5-20 for a person engaged in the business of selling agricultural seed or plants to refuse to sell or cause a seed dealer licensed under Section 46-21-40 to refuse to sell seed or plants to a person who has made a claim or filed a legal proceeding against a seed seller or dealer because of allegedly defective seed or plants."
SECTION 2. Article 1, Chapter 21, Title 46 of the 1976 Code is amended by adding:
"Section 46-21-80. It is unlawful for a person in the business of selling seed or plants in South Carolina to arbitrarily refuse to sell selected seed or plants in the State while continuing to sell other seed or plants in the State. If the Commissioner of Agriculture or his authorized agent determines that there has been a violation of this provision, he or the agent is authorized to suspend the license issued to that person pursuant to Section 46-21-40. 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 is not suitable for cultivation in the State due to climatic conditions."
SECTION 3. This act takes effect upon approval by the Governor.
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