South Carolina Code 46-21-25. Enforcement; authority of state seed law enforcement officers; authority of Department of Agriculture employees; local regulation preempted
(1) sample, inspect, make analysis of, and test seeds subject to the provisions of this chapter that are transported, sold or offered or exposed for sale within the State for sowing purposes, at such time and place and to the extent as he may deem necessary to determine whether the seeds are in compliance with provisions of this chapter, and promptly to notify the person who sold, offered, or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed, of a violation, stop sale order, or seizure; and
Terms Used In South Carolina Code 46-21-25
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conditioning: means drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information. See South Carolina Code 46-21-15
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seeds in this State. See South Carolina Code 46-21-15
- Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, or indicative of the ability to produce a normal plant under favorable conditions. See South Carolina Code 46-21-15
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See South Carolina Code 46-21-15
- Labeling: means a tag or other device attached to or written, stamped, or printed on a container or accompanying a lot of bulk seed purporting to set forth the information required on the seed label by this act, and it may include other information relating to the labeled seed. See South Carolina Code 46-21-15
- Lot: means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See South Carolina Code 46-21-15
- Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See South Carolina Code 46-21-15
- Seizure: means a legal process carried out by court order against a definite amount of seed. See South Carolina Code 46-21-15
- Stop sale: means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount of seed. See South Carolina Code 46-21-15
- Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See South Carolina Code 46-21-15
- Variety: means a subdivision of a kind which is distinct, uniform, and stable. See South Carolina Code 46-21-15
- Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State. See South Carolina Code 46-21-15
(2) prescribe, amend, adopt, and publish after following due public notice:
(a) regulations governing the method of sampling, inspecting, analyzing, testing, and examining seeds subject to provisions of this chapter and the tolerances to be used and other regulations necessary to secure efficient enforcement of this chapter;
(b) a prohibited and restricted noxious weed list;
(c) regulations establishing reasonable standards of germination for agriculture, vegetable seeds, and flower seeds;
(d) regulations for labeling flower seeds in respect to kind and variety or type and performance characteristics as required by § 46-21-215;
(e) a list of the flower seeds subject to the flower seed germination labeling requirements of § 46-21-215; and
(f) a list of the vegetable seeds subject to the vegetable seed germination labeling requirements of § 46-21-215.
(B) For the purpose of carrying out the provisions of this chapter, state seed law enforcement officers are authorized to:
(1) enter upon a public or private premises during regular business hours in order to have access to seeds and the records subject to this chapter and regulations under them, a truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose;
(2) issue and enforce a written or printed "stop sale" order to the owner or custodian of a lot of seed subject to the provisions of this chapter when the enforcement officer finds a violation of the provisions of this chapter or regulations promulgated pursuant to this chapter, which order prohibits further sale, conditioning, and movement of the seed, except on approval of the enforcing officer, until the officer has evidence that the law has been complied with, and he has issued a release from the "stop sale" order of the seed, provided that in respect to seed which has been denied sale, conditioning, and movement as provided in this item, the owner or custodian of the seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, seeking a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, condition, and movement in accordance with the findings of the court. The provisions of this item must not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter;
(3) establish and maintain a seed testing laboratory, to employ qualified persons, and to incur expenses as may be necessary to comply with the provisions of this chapter;
(4) make or provide for purity and germination tests of seed for farmers and dealers on request; to promulgate regulations governing the testing; and to fix and collect charges, where applicable, for the tests made. Fees collected for these purposes must be set by regulation, and the fees must be retained by the Department of Agriculture to cover the costs of administering this chapter; and
(5) cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.
(C) All authority vested in the Commissioner by virtue of the provisions of this chapter may with like force and effect be executed by Department of Agriculture employees as the Commissioner may designate.
(D) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the registration, licensing, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of another political subdivision may prohibit or in any way attempt to regulate a matter relating to the registration, certification, licensing, labeling, sale, storage, transportation, distribution, notification of use or use of seeds, if any of these ordinances, laws, or regulations are in conflict with this chapter.