Prosecutions for violations of Articles 1, 3, 5, or 7 of this chapter, if the evidence of violations is based on tests or analyses, must be instituted as follows: When the Commissioner of Agriculture finds that the articles have been violated, as shown by test examination or analysis, he shall give notice to the person in possession of the seed, designating a time and place for a hearing. This hearing must be private, and the person involved shall have the right to introduce evidence, either in person, by agent or attorney. If, after the hearing, or without the hearing in case the person fails or refuses to appear, the Commissioner decides that the evidence warrants prosecution, he shall proceed as provided in Section 46-21-455.
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-85; 1952 Code Section 3-436; 1962 Code Section 3-436; 1976 Code Section 46-21-460; 2010 Act No. 238, Section 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
Structure South Carolina Code of Laws
Chapter 21 - Seeds; Plants; Seed And Plant Certification
Section 46-21-15. Definitions.
Section 46-21-35. Seed laboratory.
Section 46-21-65. Foundation seed program.
Section 46-21-217. Compliance required.
Section 46-21-315. Examination and testing of seeds.
Section 46-21-325. Records; inspections.
Section 46-21-335. Publication of results of examinations and tests.
Section 46-21-415. Withdrawal of impure seed.
Section 46-21-425. Noncomplying seed may be seized and condemned and disposed of or destroyed.
Section 46-21-435. Procedure for seizure of noncomplying seeds.
Section 46-21-455. Prosecution by Commissioner or through Attorney General.
Section 46-21-465. Preliminary hearing.
Section 46-21-475. Injunctions to be issued without bond.
Section 46-21-615. Clemson program for seed and plant certification.
Section 46-21-625. Personnel; promulgation of regulations; facilities.
Section 46-21-635. Agencies to cooperate.
Section 46-21-645. Germination and mechanical purity of seed.
Section 46-21-665. Definitions.
Section 46-21-1010. Claims required to be submitted to arbitration; notice; effect of arbitration.
Section 46-21-1020. Appointment of arbitration committee; procedures.