South Carolina Code of Laws
Chapter 25 - Fertilizers
Section 46-25-210. Registration of fertilizer; application; fee.

(A) Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant.
(1) A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the commission or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule:
Tonnage Volume of Registrant License Fee 0-5,000 tons One hundred dollars 5,001-25,000 tons Two hundred dollars More than 25,000 tons Four Hundred dollars
A new registrant shall pay a license fee of one hundred dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority.
(2) All brands and grades of specialty fertilizer offered for sale, sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All specialty fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product.
(B)(1) A person desiring to become a distributor of fertilizer as defined in this chapter, except for those distributing specialty fertilizers only in packages of forty pounds or less, shall obtain an annual permit from the commission before engaging in such business. The exception for specialty fertilizer sales does not include ammonium nitrate or urea as a single nutrient fertilizer. Permits shall not be required for persons distributing only specialty fertilizers in packages of forty pounds or less; however, no person shall distribute restricted fertilizers in any quantity without a restricted fertilizer permit. Applications for a permit to do such business in South Carolina shall be submitted on application forms furnished by the commission or its agent. Upon approval of the commission, a copy of the permit shall be furnished to the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits shall expire on June thirtieth of each year.
(2) The two authorized categories of permits are a general fertilizer permit and a restricted fertilizer permit. A person who engages in the distribution of commercial fertilizers without a valid permit must have all commercial fertilizer placed under a stop sale order until a valid permit is obtained.
(3) A general fertilizer permit authorizes the permit holder to engage in the distribution of commercial fertilizers except those determined by the commission to be restricted fertilizers as defined in this chapter. This permit category is included in the application of all fertilizer registrants. A person holding a general fertilizer permit may not engage in the distribution of restricted fertilizers. No fee will be charged for this permit.
(4) A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to persons attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder must record a valid state or federal driver's license number, or other picture identification card number approved for purchaser identification use by the commission, for the purchaser of restricted fertilizer. This information and additional records as set forth by the commission must be maintained for a minimum of two years. A registrant may obtain this permit by indication of intent to distribute restricted fertilizers on the application for registration. No distributor or registrant shall supply restricted fertilizers to a distributor or other persons or entities for resale who do not hold a valid restricted fertilizer permit. The annual permit fee shall be two hundred fifty dollars. Fertilizer registrants shall not be subject to permitting fees.
(5) Notwithstanding another provision of law, the Department of Motor Vehicles must provide to the director access to identifying information and drivers' license records as needed to verify the identity of permit holders and persons purchasing restricted fertilizer. For homeland security purposes, identifying information relating to the holder of a general or restricted fertilizer permit is exempt from disclosure under the Freedom of Information Act.
(C) Except as provided in this section, a person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, is subject to the criminal penalties prescribed in Section 46-9-90(A) and the civil penalties prescribed by this chapter.
HISTORY: 1962 Code Section 3-511; 1952 Code Sections 3-512, 3-516; 1942 Code Sections 6354, 6360; 1939 (41) 360; 1954 (48) 1509; 1978 Act No. 578 Section 4; 1988 Act No. 595, Section 4, eff June 1, 1988; 1992 Act No. 388, Section 3, eff May 15, 1992; 2002 Act No. 340, Section 3, eff June 30, 2002; 2008 Act No. 353, Section 2, Pt 30A.1, eff July 1, 2008.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 46 - Agriculture

Chapter 25 - Fertilizers

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 46-25-45. Commission to delegate duties to director; director to administer and enforce chapter and promulgate regulations.

Section 46-25-50. Sales between and to importers, registrants, and manipulators.

Section 46-25-60. Relief from liability of registrant for distributor's alteration of content or labeling of fertilizer.

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 46-25-540. Filler.

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 46-25-820. Annual registration fee and inspection tax on packages containing ten pounds or less.

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 46-25-1010. Penalties for plant nutrient deficiencies and other acts; appeals; distribution of penalty sums to consumers.

Section 46-25-1060. Determination and publication of commercial values to use in assessing penalties.

Section 46-25-1080. Penalty for shortage in weight.

Section 46-25-1090. Forfeiture for selling, transporting, or receiving improperly branded, tagged, or misbranded fertilizer.

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.