South Carolina Code of Laws
Chapter 9 - Weights And Measures
Section 39-9-206. Administrative hearing before assessment of a civil penalty; amount of penalty.

(A) Subject to appropriate judicial review, upon a violation of this chapter, the Commissioner of Agriculture 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 offense;
(2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense;
(3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense.
(B) A civil penalty collected under this chapter must be transmitted to the State Treasurer for deposit in a fund to be used by the Department of Agriculture.
HISTORY: 1994 Act No. 501, Section 1, eff August 25, 1994.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 39 - Trade and Commerce

Chapter 9 - Weights And Measures

Section 39-9-10. Short title.

Section 39-9-20. Definitions.

Section 39-9-30. Certain weighing devices are subject to standards and inspection.

Section 39-9-40. Systems of weights and measures which are recognized; definitions and tables published by National Institute of Standards and Technology govern.

Section 39-9-50. State's primary standards; verification of secondary standards.

Section 39-9-60. Specifications, tolerances, and other technical requirements for commercial weighing and measuring devices.

Section 39-9-62. Requirements for packaging and labeling of commodities.

Section 39-9-64. Requirements for method of sale of commodities.

Section 39-9-65. Registration of servicepersons and service agencies for commercial weighing and measuring devices.

Section 39-9-66. Requirements for type evaluation.

Section 39-9-68. Department of Agriculture Consumer Services Division; fee for calibrations performed for private sector entities.

Section 39-9-70. Duties of Commissioner of Agriculture.

Section 39-9-80. Inspection and testing of moisture meters.

Section 39-9-90. Powers of Commissioner of Agriculture.

Section 39-9-100. Powers and duties of county and municipal weights and measures officials.

Section 39-9-110. Selling less or taking more than quantity represented prohibited.

Section 39-9-120. Misrepresentation of price prohibited; display of price.

Section 39-9-130. Standard cord-equivalent weights for pulpwood.

Section 39-9-140. Measures by which commodities are sold.

Section 39-9-150. Delivery ticket must accompany certain bulk sales and bulk deliveries; information to be contained on ticket.

Section 39-9-160. Information on packages.

Section 39-9-170. Situation in which package must show price per single unit of weight.

Section 39-9-180. Declaration of quantity required in advertisement stating retail price.

Section 39-9-190. Sale of leaf tobacco; weights and measures in auction warehouse.

Section 39-9-200. Unlawful acts.

Section 39-9-203. Civil penalties; civil action to recovery penalty.

Section 39-9-206. Administrative hearing before assessment of a civil penalty; amount of penalty.

Section 39-9-208. Unlawful acts; criminal penalties.

Section 39-9-210. Restraining orders, temporary or permanent injunctions.

Section 39-9-220. Presumption as to use of weight, measure, or weighing or measuring device.

Section 39-9-230. Implementation of metric system; duties of Commissioner of Agriculture; advisory committee.

Section 39-9-240. Metric Education Committee.