No person shall distribute an adulterated fertilizer product. A commercial fertilizer shall be deemed to be adulterated if:
(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown on the label.
(2) Its composition falls below or differs from that which it is purported to possess by its labeling.
(3) It contains unwanted crop seed or weed seed.
In the event a penalty is incurred as a result of a distributor altering the content of a commercial fertilizer shipped to him by a registrant in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the registrant, the commission is hereby empowered to relieve the registrant of the liability for payment of the penalty and in lieu thereof assess the penalty against the distributor who altered the commercial fertilizer in the same manner and under the same conditions as provided by this article for assessing penalties against a registrant.
The provisions of this section shall not be construed to limit, waive or in any manner modify the common law right of any person to sue for and collect damages resulting from the use of a defective or adulterated fertilizer product.
HISTORY: 1978 Act No. 578 Section 9; 1992 Act No. 388, Section 3, eff May 15, 1992.
Structure South Carolina Code of Laws
Section 46-25-10. Short title.
Section 46-25-20. Definitions.
Section 46-25-30. Guaranteed analysis of certain plant nutrients.
Section 46-25-40. Rules and regulations.
Section 46-25-50. Sales between and to importers, registrants, and manipulators.
Section 46-25-70. Misbranding.
Section 46-25-75. Certain information to be published.
Section 46-25-80. Penalties for violations of chapter.
Section 46-25-210. Registration of fertilizer; application; fee.
Section 46-25-240. When registration and sale may be prohibited.
Section 46-25-250. Revocation or refusal of registration for fraud.
Section 46-25-260. Exclusive use of brand name or trademark.
Section 46-25-410. Information required on containers or with bulk shipments.
Section 46-25-510. Sale or distribution of certain superphosphate prohibited.
Section 46-25-520. Regulations concerning minimum standards for certain fertilizer material.
Section 46-25-570. Wet or bad mechanical condition.
Section 46-25-710. Analyses of official samples; inspectors, chemists and other personnel; reports.
Section 46-25-720. Entering premises; inspecting and sampling.
Section 46-25-810. Inspection tax and tonnage reports; collection fee.
Section 46-25-815. Fertilizer inspection fee.
Section 46-25-825. Registration of separately identified products.
Section 46-25-830. Reports of sales to nonregistrants.
Section 46-25-840. Financial statement or bond; records.
Section 46-25-850. Examination of registrant's records.
Section 46-25-860. Information confidential.
Section 46-25-870. Exemptions.
Section 46-25-1080. Penalty for shortage in weight.
Section 46-25-1100. Actions by State to recover fines and penalties; liens.
Section 46-25-1110. Seller deemed agent for service of process on out-of-state manufacturer.
Section 46-25-1120. Analysis of fertilizer ordered sold.
Section 46-25-1130. Remission of certain penalties.
Section 46-25-1140. "Stop sale, use, or removal" orders.
Section 46-25-1150. Distribution of adulterated fertilizer prohibited.
Section 46-25-1160. Use of regulated materials not meeting requirements prohibited; penalties.
Section 46-25-1170. Civil penalty in addition to other penalties.