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February 18, 2004
Introduced by Reps. Witherspoon, Battle, Coates, Davenport, Duncan, Emory, Mahaffey, Miller, Snow, Stille and Vaughn
S. Printed 2/18/04--H.
Read the first time February 4, 2004.
To whom was referred a Bill (H. 4692) to amend Section 46-27-20, Code of Laws of South Carolina, 1976, relating to definitions under the South Carolina Commercial Feed Act, so as to revise, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
WILLIAM D. WITHERSPOON for Committee.
TO AMEND SECTION 46-27-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA COMMERCIAL FEED ACT, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD OTHER DEFINITIONS; TO AMEND SECTION 46-27-40, RELATING TO CERTAIN UNLAWFUL SALES UNDER THE ACT, SO AS TO CORRECT SPECIFIED REFERENCES AND TO PROVIDE THAT IT IS UNLAWFUL TO OFFER FOR SALE ANY FEED THAT IS ADULTERATED OR MISBRANDED; TO ADD SECTION 46-27-41 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE MISBRANDED; TO ADD SECTION 46-27-42 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE ADULTERATED; TO ADD SECTION 46-27-45 SO AS TO REQUIRE MANUFACTURERS, IMPORTERS, DISTRIBUTORS, AND DEALERS OF COMMERCIAL FEEDS TO MAINTAIN CERTAIN RECORDS; TO AMEND SECTION 46-27-310, RELATING TO THE LABELING OF COMMERCIAL FEEDS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS AND DISPLAY OF LABELING INFORMATION; TO ADD SECTION 46-27-350 SO AS TO ESTABLISH PROCEDURES FOR THE REVIEW OF A PRODUCT LABEL BY THE DEPARTMENT OF AGRICULTURE; TO AMEND SECTION 46-27-410, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO INSPECT AND TAKE SAMPLES OF COMMERCIAL FEED, SO AS TO FURTHER PROVIDE FOR THE RIGHTS OF THE COMMISSIONER IN THIS REGARD AND TO REQUIRE RECEIPTS DESCRIBING THE SAMPLES OBTAINED; TO AMEND SECTION 46-27-420, RELATING TO ANALYSIS OF SAMPLES, SO AS TO PROVIDE FOR THE MANNER IN WHICH SAMPLING AND ANALYSES MUST BE CONDUCTED; TO AMEND SECTION 46-27-440, RELATING TO THE UNLAWFUL OBSTRUCTION OF THE INSPECTION OF FEEDS, SO AS TO AUTHORIZE THE DEPARTMENT OR ITS AGENTS TO OBTAIN A COURT ORDER DIRECTING A PREMISE TO BE MADE AVAILABLE FOR INSPECTION; TO AMEND SECTION 46-27-610, RELATING TO THE AUTHORITY OF THE COMMISSION TO SUSPEND SALES OF FEED, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE "WITHDRAWAL OF DISTRIBUTION" ORDERS AND TO PROVIDE FOR THE TERMS OF AND THE PROCEDURES FOR THESE ORDERS; TO ADD SECTION 46-27-625 SO AS TO AUTHORIZE THE COMMISSIONER TO APPLY FOR AND BE GRANTED INJUNCTIONS; TO AMEND SECTION 46-27-650, RELATING TO THE REQUIREMENT THAT THE COMMISSIONER NOTIFY DEALERS AND SOLICITORS OF CERTAIN VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THIS NOTICE; AND TO ADD SECTION 46-27-700 SO AS TO AUTHORIZE THE COMMISSIONER AND HIS REPRESENTATIVES TO COOPERATE WITH STATE AND FEDERAL AGENCIES IN REGARD TO THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 46-27-20 of the 1976 Code is amended to read:
"Section 46-27-20. As used in this chapter, the following terms apply:
The term 'Commercial feed' means all materials distributed for use as feed or for mixing in feed or for use as a feed supplement or feed replacement, except (a) whole hays, straw, cottonseed hulls, corn stover, and ground corn cob and shuck; (b) raw and unprocessed fresh or frozen fish, beef, horse meat, poultry, and by-products of these items, together with and including limestone and granite or similar inorganic substance, when they are not mixed with other materials; (c) unmixed whole seeds or grains of cereals when not mixed with other materials and when not in such damaged condition as to be unfit for feed purposes as determined by inspection.
(2) The term "pet" means any domesticated animal normally maintained in or near the household of the owner.
(3) The term "pet food" means any commercial feed prepared and distributed for consumption by pets.
(2) 'Distributor' means any person who distributes.
(3) 'Drug' means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.
(4) 'Manufacture' means to grind, mix or blend, or further process a commercial feed for distribution.
(5) 'Person' includes an individual, partnership, corporation, and association.
(6) 'Poison' means a substance having an inherent deleterious property which renders it capable of destroying life.
(7) 'Specialty pet' means any domesticated animal pet normally maintained in a cage or tank including, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles.
(8) 'Specialty pet food' means any commercial feed prepared and distributed for consumption by specialty pets."
SECTION 2. Section 46-27-40 of the 1976 Code is amended to read:
"Section 46-27-40. It
shall be is unlawful for any a manufacturer, importer, jobber, agent, or dealer to:
(1) sell or offer or expose for sale or distribution in this State any commercial feed without complying with the requirements of Articles 1 to
9 11 of this chapter; or
(2) sell or offer or expose for sale or distribution any commercial feed which contains substantially a smaller percentage of crude protein, crude fat or carbohydrates or a larger percentage of crude fiber than certified to be contained; or
(3) to offer for sale any feed that is adulterated or misbranded."
SECTION 3. Chapter 27, Title 46 is amended by adding:
"Section 46-27-41. A commercial feed is considered to be misbranded if:
(1) its labeling is false or misleading in any particular;
(2) it is distributed under the name of another commercial feed;
(3) it is not labeled as required in Article 5;
(4) it purports to be or is represented as a commercial feed, or its purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by the regulations of this chapter; or
(5) if any word, statement, or other information required by or under authority of this chapter appears on the label or labeling is not prominently placed thereon with that conspicuousness and in those terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
SECTION 4. Chapter 27, Title 46 of the 1976 Code is amended by adding:
"Section 46-27-42. A commercial feed is considered to be adulterated:
(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, the commercial feed is not considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health. It is also not considered adulterated if:
(a) it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is a pesticide chemical in or on a raw agricultural commodity or a food additive);
(b) it is or it bears or contains any food additive which is unsafe within Section 409 of the Federal Food, Drug, and Cosmetic Act;
(c) it is a raw agricultural commodity, and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act. However, where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and the raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed is not considered safe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of the processed feed results or is likely to result in a pesticide residue in the edible product of the animal which is unsafe within the meaning of Section 408(A) of the Federal Food, Drug, and Cosmetic Act;
(d) it is or it bears or contains any color additive which is unsafe within the meaning of Section 721 of the Federal Food, Drug, and Cosmetic Act;
(e) it is or it bears or contains any new animal drug which is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act;
(f) it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed; or
(g) if it has been prepared, packed, or held under unsanitary conditions where it may have become contaminated with filth, or where it may have been rendered injurious to health;
(h) it is in whole or in part the product of a diseased animal or of an animal which has died otherwise than by slaughter which is unsafe within the meaning of Section 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act;
( i) its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or
( j) it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulations or exemptions in effect pursuant to Section 409 of the Federal Food, Drug, and Cosmetic Act;
(2) if any valuable constituent has been in whole or in part omitted or abstracted from it or any less valuable substance substituted for it;
(3) if its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
(4) if it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the department to assure that the drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating these regulations, the Commissioner of Agriculture shall adopt the current good manufacturing practice regulations for Type A medicated articles and Type B and Type C Medicated Feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in this State;
(5) if it contains viable weed seeds in amounts exceeding the limits which the department establishes by regulation."
SECTION 5. Chapter 27, Title 46 of the 1976 Code is amended by adding:
"Section 46-27-45. (A) Manufacturers, importers, jobbers, agents, distributors, and dealers of feeds used for ruminants, as well as producers and feeders of ruminants are required to maintain for a period of not less than two years records sufficient to track feed materials throughout their receipt, processing, distribution, and consumption. These records must be made available for inspection to the commissioner, his deputies, agents, or assistants upon request.
(B) This section shall become effective beginning July 1, 2004."
SECTION 6. Section 46-27-310 of the 1976 Code is amended to read:
"Section 46-27-310. (A) Every lot or parcel of commercial feed sold or offered or exposed for sale within this State shall have affixed
thereto to it or printed thereon on it in a conspicuous place on the outside a legible and plainly printed statement in the English language clearly and truly certifying:
(1) the weight of the package;
(2) the name, brand, or trademark under which the article is sold or distributed;
(3) the name and principal mailing address of the manufacturer
, jobber or importer or the person responsible for distributing the commercial feed;
(4) the common or usual name of each and all ingredients of which the article is composed
; provided, that the Commissioner. The commissioner by regulation may permit the use of a collective term for a group of ingredients which perform a similar function or he may exempt such these commercial feeds or any group thereof of these feeds from this requirement of an ingredient statement if he finds that such the statement is not required in the interest of consumers;
(5) a statement of the minimum percentage of crude protein, the minimum percentage of crude fat and the maximum percentage of crude fiber. Adequate directions for use for all commercial feeds containing drugs and for those other feeds as the department may require by regulation as necessary for their safe and effective use;
(6) an appropriate warning statement and directions for use relating to each medicine, drug mineral, vitamin, antibiotic, or antioxidant in the feed;
(7) those other precautionary statements as the department by regulation determines are necessary for their safe and effective use.
(B) The manufacturer or other person distributing the feed shall affix the label required by this section to the outside of the container or cause it to be printed on the side of the container in the manner prescribed by the service. The information must be grouped together and plainly printed in English in the size of type prescribed by department regulations.
(C) If the labeling information is shown on the container rather than printed on the label, the information must be plainly printed in a conspicuous place in the size of type prescribed by department regulations."
SECTION 7. Chapter 27, Title 46 of the 1976 Code is amended by adding:
"Section 46-27-350. (A) The department may:
(1) by regulation adopt procedures that allow a feed registration applicant to submit a product label to the department for review;
(2) review each product label submitted to determine compliance with the labeling requirements of this chapter;
(3) make a detailed report to the applicant regarding the changes to the label required for compliance with the department's regulations; and
(4) provide the applicant with the advice that the department considers to be necessary to enable the applicant to comply with the department's labeling regulations.
(B) The department may not charge a fee for a review, report, or advice under this section."
SECTION 8. Section 46-27-410 of the 1976 Code is amended to read:
"Section 46-27-410. The commissioner, together with his deputies, agents, and assistants shall have access to all public or private places of business, transportation vehicles, mills, and storage facilities used in the manufacture, importation or sale of any commercial feed and may open any package containing or supposed to contain any commercial feed during the normal operating hours of business and
upon tender and payment of the selling price of samples, take therefrom, in the manner prescribed in this article, samples for analysis. If the officer or employee making the inspection obtains a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, he shall give the owner, operator, or agent in charge a receipt describing the samples obtained."
SECTION 9. Section 46-27-420 of the 1976 Code is amended to read:
"Section 46-27-420. The commissioner annually shall
annually cause to be analyzed at least one sample so samples to be taken of every any commercial feed that is found, sold, or offered or exposed for sale in this State under the provisions of Articles 1 to 9 11 of this chapter. The samples, not less than one pound in weight, shall must be taken from not less than ten bags or packages, or if there be are less than ten bags or packages, then from each bag or package, if it be is in bag or package form, or if such the commercial feed be is in bulk, then from ten different places of the lot. Sampling and analysis must be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods."
SECTION 10. Section 46-27-440 of the 1976 Code is amended to read:
"Section 46-27-440. Any manufacturer, importer, jobber, or dealer who refuses to comply with the requirements of the provisions of Articles 1 to
9 11 of this chapter or any manufacturer, importer, jobber, or person who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent any chemist, inspector, or other authorized agent in the performance of his duty in connection with the provisions of such these articles shall be is guilty of a violation of the provisions of such these articles. Furthermore, any chemist, inspector, or other authorized agent of the department who is denied access to the premises for inspection is authorized to seek and obtain a court order or warrant directing the owner or his agent to submit the premises described in the warrant to inspection."
SECTION 11. Section 46-27-610 of the 1976 Code is amended to read:
"Section 46-27-610. If at any time the commissioner or his duly authorized representative shall have reason to believe that any commercial feed offered or exposed for sale or is being distributed in this State and does not comply with the requirements of Articles 1 to
9 11 of this chapter , as to the ingredients or substances of such commercial feed, he shall by written order suspend the sale of it until he shall have satisfied himself that such commercial feed is made up or compounded as required by such articles. If he shall find that such commercial feed does not comply with such articles, then he shall issue a 'withdrawal from distribution' order, temporarily suspending the sale of the feed and warning the distributor not to dispose of the commercial feed in any manner until written permission is given by the commissioner or by a court of competent jurisdiction. If compliance is not obtained within thirty days, then the commissioner is authorized to proceed with regard to it as provided in Sections 46-27-620 to 46-27-640."
SECTION 12. Chapter 27, Title 46 of the 1976 Code is amended by adding:
"Section 46-27-625. The commissioner is authorized to apply for and the court to grant a temporary or permanent injunction restraining a person from violating or continuing to violate this chapter or any regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction must be issued without bond."
SECTION 13. Section 46-27-650 of the 1976 Code is amended to read:
"Section 46-27-650. Whenever the commissioner, or his duly authorized representative, becomes cognizant of
any a violation of the provisions of Articles 1 to 9 11 of this chapter, he immediately shall immediately notify in writing the manufacturer, importer, jobber, or dealer, if known, and the notification clearly shall state and set forth the violations of Articles 1 to 11 of this chapter. If after thirty days the commissioner has not received a written response from the violator regarding this violation, he shall notify the circuit solicitor who shall cause such the person so violating any such the provision to be prosecuted in the manner prescribed by law."
SECTION 14. Chapter 27, Title 46 of the 1976 Code is amended by adding:
"Section 46-27-700. The commissioner may cooperate with or direct his duly authorized representatives to cooperate with federal and state agencies."
SECTION 15. Except as otherwise provided, this act takes effect upon approval by the Governor.
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