South Carolina General Assembly
108th Session, 1989-1990

Bill 304


                    Current Status

Bill Number:               304
Ratification Number:       133
Act Number                 80
Introducing Body:          Senate
Subject:                   Relating to neglected or abandoned
                           orchards
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A80, R133, S304)

AN ACT TO AMEND SECTION 46-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED ORCHARDS, SO AS TO AUTHORIZE THE STATE CROP PEST COMMISSION OR ITS DESIGNEE TO PROMULGATE REGULATIONS RELATIVE TO THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-35-15 AND 46-35-80 SO AS TO ADD DEFINITIONS RELATIVE TO ORCHARDS AND TO REQUIRE A SELLER WHO HAS AN ORCHARD ON THE PROPERTY SOLD TO MAKE A DISCLOSURE RELATIVE TO THE ORCHARD.

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

Neglected or abandoned orchards are public nuisance

SECTION 1. Section 46-35-10 of the 1976 Code is amended to read:

"Section 46-35-10. Neglected or abandoned apple, grape, kiwi, nectarine, peach, pear, or plum orchards which, because of their infestation with pests, or because of other conditions, constitute a menace to the fruitgrowing industry of the State or which are host plants of or provide a favorable and likely harbor for pests are public nuisances, and it is unlawful to maintain them. All remedies which are or may be given for the prevention or abatement of nuisances apply to the orchards. Whenever the State Crop Pest Commission determines by inspection that there exists a condition which constitutes a nuisance on any property within its jurisdiction, it shall report the property to the circuit solicitor, naming the pests or other conditions which in its opinion are dangerous to the fruitgrowing industry and if its findings justify it, state in the report that the removal or destruction of the neglected or abandoned orchard trees are the best means for elimination of the menace.

The State Crop Pest Commission through its designee, the Division of Regulatory and Public Service Programs, may promulgate regulations to implement the provisions of this chapter."

Definitions

SECTION 2. The 1976 Code is amended by adding:

"Section 46-35-15. For the purposes of this chapter:

(1) 'Orchard' means an area that has five or more fruit trees, wild or cultivated, for commercial purposes. Only those areas that have actual abandoned or neglected trees, as defined below, within one-half mile of an active tree of the fruitgrowing industry will be considered an orchard under this act.

(2) 'Active tree' means a tree being cultivated by the fruitgrowing industry for the commercial production of fruit, whether or not that tree has reached the fruit bearing age. It does not include those trees too old to be productive economically.

(3) 'Fruitgrowing industry' means an area or tree dedicated by the owner to the active production of fruit to be sold commercially. This definition does not apply to fruit produced for casual roadside sales unless the activity is an integral part of a business, part-time or full-time, of the grower nor does it include a person who sells his homegrown surplus fruit whenever his production outperforms his personal use.

(4) 'Neglected' or 'abandoned' refers to orchards where two or more conditions of standard orchard management practices as described in state and regional publications are not being met and one or more pests, pathogens, diseases, conditions of economic consequence to the particular crop being grown.

(5) 'Commission' means the South Carolina State Crop Pest Commission or its designee, the Division of Regulatory and Public Service Programs."

Disclosure relative to orchards upon sale

SECTION 3. The 1976 Code is amended by adding:

"Section 46-35-80. If a property owner sells a portion or all of an orchard he must disclose to the buyer in writing on or before the completion of the sale of the property that a nuisance exists or may exist regarding the orchard or such portion of the orchard, that the property is subject to the provisions of this chapter, and that the buyer may be required to take or pay for certain corrective actions in connection with the orchard or such portion of the orchard, if it is abandoned or becomes neglected, pursuant to the provisions of this chapter. The seller must also notify the commission of the sale of the orchard, and the buyer's acknowledgement of receipt of the written notice must be affixed to the notice."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.