South Carolina General Assembly
104th Session, 1981-1982

Bill 3742

                    Current Status

Bill Number:               3742
Ratification Number:       507
Act Number                 469
Introducing Body:          House
Subject:                   Relating to sampling, grading, and
                           inspection of grains and oilseeds and dealers
                           and handlers and millers of agriculture
                           products; to amend section 46-41-60, as
                           amended, relating to bonds of licensees to
                           handle agriculture products
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A469, R507, H3742)

A JOINT RESOLUTION TO IMPOSE MORATORIUMS ON THE IMPLEMENTATION OF CHAPTERS 41 AND 42 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAMPLING, GRADING, AND INSPECTION OF GRAINS AND OILSEEDS AND DEALERS AND HANDLERS AND MILLERS OF AGRICULTURE PRODUCTS; TO AMEND SECTION 46-41-60, AS AMENDED, RELATING TO BONDS OF LICENSEES TO HANDLE AGRICULTURE PRODUCTS, SO AS TO DECREASE THE AMOUNT OF THE BOND REQUIRED FROM FIFTY THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS; AND TO REPEAL SECTION 46-42-60, RELATING TO AN ASSESSMENT AGAINST DEALERS AND HANDLERS OF GRAINS AND OILSEEDS.

Whereas, the General Assembly finds that the producers, dealers and handlers, and millers of grains and oilseeds have not been granted adequate participation in the Department of Agriculture's (Department) formulation of policies, procedures, and regulations for the implementation of the 1981 amendments to Chapters 41 and 42 of Title 46 of the 1976 Code pertaining to the dealing and handling and grading of grains and oilseeds; and

Whereas, such lack of farmer and agribusiness participation has resulted in much confusion, misunderstanding, and lack of understanding between the agriculture community and the Agriculture Department, such that the orderly trade in grains and oilseeds is being threatened with significant disruption and monetary losses. Now therefore,

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

Moratorium imposed

Section 1. A moratorium is imposed on enforcement actions as provided in Section 46-42-80 of the 1976 Code, relating to the sampling, grading, and inspection of grains and oilseeds, until such time as the Department of Agriculture (Department) shall promulgate regulations to implement the provisions of the chapter and such regulations have been duly considered by the General Assembly. Such regulations shall be presented to the General Assembly no later than March 1, 1983.

Further

Section 2. A moratorium is imposed on the enforcement of regulations promulgated pursuant to Chapter 41 of Title 46, as amended in 1981, until such time as the Department, in conjunction with the Agriculture Commission of South Carolina (Commission), has reviewed such regulations in order to determine if such regulations shall disrupt the normal and accepted business practices between producers, and dealers and handlers, and millers of grains and oilseeds. Such review shall be conducted in a manner which shall afford producers, dealers and handlers, and millers of grains and oilseeds the opportunity to participate in the regulation review and promulgation process. After such review of regulations is completed, the Commissioner of Agriculture (Commissioner) shall report the findings along with any needed amendment to the regulations to the Agriculture and Natural Resources Committees of the Senate and House of Representatives no later than March 1, 1983.

This moratorium on the enforcement of regulations under Chapter 41 of Title 46 of the 1976 Code shall be suspended after due consideration to the Commissioner's report of review findings, and any amendments to the regulations promulgated by the Department.

Committee established

Section 3. The Commission shall ask members of the agriculture community involved in the production, dealing and handling, and milling of grains and oilseeds to serve as a committee to provide the communication necessary for orderly and reasonable implementation of the provisions of Chapters 41 and 42 of Title 46 and Chapters 19 and 21 of Title 39 of the 1976 Code. Such advisory committee members shall serve without compensation.

Moratorium not to relieve department from responsibility of limitation

Section 4. The imposition of moratoriums on the enforcement provisions of Chapter 42 of Title 46 of the 1976 Code and the enforcement of regulations promulgated under Chapter 41 of Title 46 of the 1976 Code shall in no way relieve the Department from the responsibility of proceeding with the orderly implementations of the 1981 amendments to Chapters 41 and 42 of Title 46 and Chapters 19 and 21 of Title 39 of the 1976 Code.

License

Section 5. Subsection (1) of Section 46-41-60, as last amended by Section 20 of Act 156 of 1981, is further amended by striking on line two "fifty" and inserting "twenty-five". When amended the subsection shall read:

"(1) Before any license shall be issued the applicant shall make and deliver to the Commissioner a surety bond in the amount of twenty-five thousand dollars or an amount equal to the maximum amount of business done or estimated to be done in any month by the applicant, whichever is less, executed by a surety corporation authorized to transact business in the State. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for any payment to producers, their agents or representatives, of the proceeds of all agricultural products handled or sold by such dealer."

Repeal

Section 6. Section 46-42-60 of the 1976 Code is repealed.

Time effective

Section 7. This act shall take effect upon the approval by the Governor.