South Carolina General Assembly
113th Session, 1999-2000

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Bill 1165


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      1165
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000222
Primary Sponsor:                  Hutto
All Sponsors:                     Hutto
Drafted Document Number:          l:\s-jud\bills\hutto\jud0097.cbh.doc
Companion Bill Number:            4547
Residing Body:                    Senate
Current Committee:                Agriculture and Natural Resources 
                                  Committee 01 SANR
Subject:                          Unfair trade practices, agricultural seed 
                                  or plant salesman; Agriculture, Consumer 
                                  Affairs, Businesses


                        History

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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A 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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