Current Status Introducing Body:Senate Bill Number:796 Ratification Number:426 Act Number:379 Primary Sponsor:Leventis Type of Legislation:GB Subject:Eggs Date Bill Passed both Bodies:19940427 Computer Document Number:NO5/7073BD.93 Governor's Action:S Date of Governor's Action:19940510 Introduced Date:19930526 Date of Last Amendment:19940421 Last History Body:------ Last History Date:19940510 Last History Type:Act No. 379 Scope of Legislation:Statewide All Sponsors:Leventis Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
796 ------ 19940510 Act No. 379
796 ------ 19940510 Signed by Governor
796 ------ 19940504 Ratified R 426
796 Senate 19940427 Concurred in House amendment,
enrolled for ratification
796 House 19940422 Read third time, returned to
Senate with amendment
796 House 19940421 Unanimous consent for third
reading on next Legislative
day
796 House 19940421 Amended, read second time
796 House 19940406 Committee Report: Favorable 20
with amendment
796 House 19940202 Introduced, read first time, 20
referred to Committee
796 Senate 19940201 Read third time, sent to House
796 Senate 19940127 Read second time
796 Senate 19940126 Committee Report: Favorable 01
796 Senate 19930526 Introduced, read first time, 01
referred to Committee
View additional legislative information at the LPITS web site.
(A379, R426, S796)
AN ACT TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON AND THE EXEMPTIONS FOR THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
Be it enacted by the General Assembly of the State of South Carolina:
Provisions for the labeling and marketing of eggs revised
SECTION 1. Article 3, Chapter 39, Title 39 of the 1976 Code is amended to read:
"Section 39-39-110. As used in this chapter:
(1) `Eggs' means the unprocessed eggs of a domesticated chicken hen while they are still in the shell.
(2) `South Carolina eggs' means eggs produced in this State.
(3) `Producer' means a person selling no eggs other than those eggs produced by his own flock.
(4) `Retailer' means a person, firm, or corporation selling or offering for sale eggs to consumers in this State.
(5) `Distributor' means a person offering for sale or distributing eggs in this State to a retailer, cafe, restaurant, or other establishment serving eggs to the public or to an institutional user. It includes a person distributing eggs to his own retail outlet but does not include a person engaged to haul or transport eggs nor a producer.
Section 39-39-120. Wholesalers handling eggs must be licensed by the Department of Agriculture. The license must be issued at no cost and in a form prescribed by regulations promulgated by the department.
Section 39-39-130. The South Carolina standards, grades, and weight classes for shell eggs are the same as the United States standards and their supplements and revisions as published by the United States Department of Agriculture, except as modified or rejected by regulations promulgated by the Commissioner of Agriculture.
Section 39-39-140. In order to protect the producer, the distributor, and the consumer, all eggs sold in this State must be labeled so as to designate their quality, size, and weight class.
Section 39-39-150. It is unlawful to:
(1) offer eggs for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers and to fail to display conspicuously on the case, box, or other container a plainly written designation showing the correct grade and weight class to which the eggs conform. The designation must be of the kind and in the manner required by regulations of the Department of Agriculture;
(2) use the word `nulaid', `country', `hennery', `day-old', `select', `selected', `certified', `best', `nearby', `fresh-laid', or a similar descriptive term which the Commissioner of Agriculture, by regulation, prohibits in connection with the advertising or selling of eggs;
(3) use the words `South Carolina' in connection with the advertisement and sale of eggs not produced in this State;
(4) use the word `fresh' in connection with the advertisement and sale of eggs not produced in this State unless those eggs meet or exceed the quality standard designated `Grade A'.
Section 39-39-160. The Commissioner of Agriculture is charged with the enforcement of this chapter and is authorized to promulgate regulations necessary to carry out its provisions and purposes.
Section 39-39-170. The following are exempt from this chapter:
(1) persons who buy or sell eggs to be used exclusively for hatching purposes;
(2) shipments of eggs in interstate commerce;
(3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced.
Section 39-39-180. (A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first violation;
(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;
(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.
(B) The commissioner or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first violation;
(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;
(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.
(C) A person violating this chapter, upon conviction, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court."
Repeal
SECTION 2. Article 1, Chapter 39, Title 39 of the 1976 Code is repealed.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 10th day of May, 1994.