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COMMITTEE REPORT
April 17, 2002
H. 4944
S. Printed 4/17/02--H.
Read the first time March 20, 2002.
To whom was referred a Bill (H. 4944) to amend Section 46-25-20, as amended, Code of Laws of South Carolina, 1976, relating to definitions associated with fertilizers, by adding a definition of "restricted fertilizer", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 46-25-210(B), SECTION 3, page 3, line 1, by striking subsection (B) in its entirety and inserting:
/ (B)(1) A person desiring to become a distributor of fertilizer as defined in this chapter, except for those distributing specialty fertilizers only in packages of ten pounds or less, shall obtain an annual permit from the commission before engaging in such business. The exception for specialty fertilizer sales does not include ammonium nitrate or urea as a single nutrient fertilizer. Permits shall not be required for persons distributing only specialty fertilizers in packages of ten pounds or less, however, no person shall distribute restricted fertilizers in any quantity without a Restricted Fertilizer Permit. Applications for a permit to do such business in South Carolina shall be submitted on application forms furnished by the commission or its agent. Upon approval of the commission, a copy of the permit shall be furnished the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits shall expire on June thirtieth of each year.
(2) The two authorized categories of permits are a general fertilizer permit and a restricted fertilizer permit. A person who engages in the distribution of commercial fertilizers without a valid permit must have all commercial fertilizer placed under a stop sale order until a valid permit is obtained.
(3) A general fertilizer permit authorizes the permit holder to engage in the distribution of commercial fertilizers except those determined by the commission to be restricted fertilizers as defined in this chapter. This permit category is included in the application of all fertilizer registrants. A person holding a general fertilizer permit may not engage in the distribution of restricted fertilizers. No fee will be charged for this permit.
(4) A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to persons attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder must immediately report to the commission any suspect fertilizer purchase or attempt. A restricted fertilizer permit holder must record a valid state or federal driver's license number, or other picture identification card number approved for purchaser identification use by the commission, for the purchaser of restricted fertilizer. This information and additional records as set forth by the commission must be maintained for a minimum of two years. A registrant may obtain this permit by indication of intent to distribute restricted fertilizers on the application for registration. No distributor or registrant shall supply restricted fertilizers to a distributor or other persons or entities for resale who do not hold a valid restricted fertilizer permit. The annual permit fee shall be two hundred and fifty dollars. Fertilizer registrants shall not be subject to permitting fees.
(5) Notwithstanding another provision of law, the Department of Public Safety must provide to the director access to identifying information and drivers' license records as needed to verify the identity of permit holders and persons purchasing restricted fertilizer. For homeland security purposes, identifying information relating to the holder of a general or restricted fertilizer permit is exempt from disclosure under the Freedom of Information Act. /
Amend the bill further, by striking Section 46-25-210(C), SECTION 3, page 4, line 14, in its entirety and inserting:
/ (C) Except as provided in this section, a person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, is subject to the criminal penalties prescribed in Section 46-9-90(A) and the civil penalties prescribed by this chapter. /
Amend further, page 4, beginning on line 19, by deleting subsections (D) and (E) in their entirety, as contained in Section 46-25-210, SECTION 3.
Renumber sections to conform.
Amend totals and title to conform.
CHARLES R. SHARPE for Committee.
TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTIFILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that it is in the interest of public safety to regulate access to certain fertilizers, designated by the commission as restricted fertilizers, that may pose an unreasonable threat due to characteristics such as explosive capability. The intent of the following provisions to Chapter 25, Title 46 of the 1976 Code is to provide for and allow for monitoring of the distribution of restricted fertilizers in South Carolina and to encourage distributors to sell restricted fertilizers only to persons known to use such fertilizer for farm or garden purposes.
SECTION 2. Section 46-25-20(2) of the 1976 Code, as last amended by Act 388 of 1992, is further amended by adding:
"(e) 'Restricted fertilizer' means a commercial fertilizer having a potential explosive capacity that is determined by the commission to present an unreasonable threat to public safety."
SECTION 3. Section 46-25-210 of the 1976 Code, as last amended by Act 388 of 1992, is further amended to read:
"Section 46-25-210. (A) Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State to nonregistrants must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant.
(1) A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the commission or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule:
Tonnage Volume of
Registrant License Fee
0-5,000 tons Fifty dollars
5,001-25,000 tons One hundred dollars
More than 25,000 tons Two hundred dollars
A new registrant shall pay a license fee of fifty dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority.
(2) All brands and grades of specialty fertilizer offered for sale, sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All speciality fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product.
(B)(1) A person desiring to become a distributor of fertilizer as defined in this chapter, except for those distributing specialty fertilizers only in packages of ten pounds or less, shall obtain an annual permit from the commission before engaging in such business. The exception for specialty fertilizer sales does not include ammonium nitrate or urea as a single nutrient fertilizer. Permits shall not be required for persons distributing only specialty fertilizers in packages of 10 pounds or less, however no person shall distribute restricted fertilizers in any quantity without a Restricted Fertilizer Permit. Applications for a permit to do such business in South Carolina shall be submitted on application forms furnished by the commission or its agent. Fertilizer registrants shall not be subject to additional permitting fees. Upon approval of the commission, a copy of the permit shall be furnished the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits shall expire on June thirtieth of each year.
(2) The two authorized categories of permits are a general fertilizer permit and a restricted fertilizer permit. A person who engages in the distribution of commercial fertilizers without a valid permit must place all commercial fertilizer placed under a stop sale order until a valid permit is obtained.
(3) A general fertilizer permit which authorizes the permit holder to engage in the distribution of commercial fertilizers except those determined by the commission to be restricted fertilizers as defined in this chapter. This permit category is included in the application of all fertilizer registrants. A person holding a general fertilizer permit may not engage in the distribution of restricted fertilizers. No fee will be charged for this permit.
(4) A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to persons attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder must immediately report to the commission any suspect fertilizer purchase or attempt. A restricted fertilizer permit holder must record a valid state or federal driver's license number, or other picture identification card number approved for purchaser identification use by the commission, for the purchaser of restricted fertilizer. This information and additional records as set forth by the commission must be maintained for a minimum of two years. A registrant may obtain this permit by indication of intent to distribute restricted fertilizers on the application for registration. No distributor or registrant shall supply restricted fertilizers to a distributor who does not hold a valid restricted fertilizer permit. The annual permit fee shall be two hundred and fifty dollars.
(5) Notwithstanding another provision of law, the Department of Public Safety must provide to the director access to identifying information and drivers license records as needed to verify the identify of permit holders and persons purchasing restricted fertilizer. For homeland security purposes, identifying information relating to the holder of a general or restricted fertilizer permit is exempt from disclosure under the Freedom of Information Act.
(C) Except as provided in this section, a person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, is subject to the criminal penalties prescribed in Section 46-9-90(A) and the civil penalties prescribed by this chapter.
(D) A person who intentionally or wilfully violates a restricted fertilizer permit provision of this chapter or a regulation relating to a restricted fertilizer permit is guilty of a felony and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine of not more than five thousand dollars or imprisonment of not more than five years; and
(2) for a second or subsequent offense, by imprisonment for not less than five years nor more than fifteen years.
(E) A sentence imposed for a violation of this section may not be suspended and probation may not be granted."
SECTION 4. Section 46-25-1170 of the 1976 Code, as added by Act 595 of 1988, is amended to read:
"Section 46-25-1170. In addition to a denial, suspension, revocation, or modification of a provision of a license, permit, or certificate, or any other penalty provided in this chapter, a person who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense."
SECTION 5. Upon approval by the Governor this act takes effect on June 30, 2002.
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