For the purpose of this chapter the following words shall mean:
(1) "Dealer in agricultural products" means any person, association, itinerant dealer, copartnership or corporation engaged in the State in the business of buying, receiving, selling, exchanging, negotiating, processing for resale or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his agent or representative or received on consignment from the producer or his agent or representative or received to be handled on net return basis from the producer.
(2) "Commissioner" means the Commissioner of Agriculture.
(3) "Agricultural products" shall mean and include the natural products of the farm, orchard, vineyard, garden and apiary, raw and manufactured; livestock and poultry products but shall not include tobacco, cotton, dairy products and timber products.
(4) "Net return basis" means a purchase for sale of agricultural products from a producer or shipper at an unfixed or unstated price at the time the agricultural products are shipped from the point of origin, and it shall include all purchases made "at the market price," "at net worth," and on similar terms, which indicate that the buyer is the final arbiter of the price to be paid.
(5) "Consignment" means any transfer of agricultural products by the seller to the custody of another person who acts as the agent for the seller for the purpose of selling such agricultural products.
(6) "Producer" means any producer of agricultural products produced in the State.
HISTORY: 1962 Code Section 3-751; 1967 (55) 349; 1981 Act No. 156 Section 14A.
Structure South Carolina Code of Laws
Chapter 41 - Dealers And Handlers Of Agricultural Products
Section 46-41-10. Definitions.
Section 46-41-25. Provisions not to apply to South Carolina miller.
Section 46-41-30. Unlawful to engage in business as dealer without license; penalties for violation.
Section 46-41-40. Application for license.
Section 46-41-50. Issuance of license; fees; penalty for late renewal.
Section 46-41-60. Bond or equivalent security required.
Section 46-41-70. Proceedings upon complaint for breach of condition of bond.
Section 46-41-90. Records to be kept by dealers; when dealer shall make payment to producer.
Section 46-41-95. Records to be maintained by dealer; inspection of records.
Section 46-41-100. Investigations by Commissioner; examination of documents.
Section 46-41-110. Inspection of despoliated products before sale.
Section 46-41-120. Grounds for refusal; suspension or revocation of license.
Section 46-41-140. Rules and regulations.
Section 46-41-150. Employment of help and services.
Section 46-41-160. Disposition of license fees.
Section 46-41-170. Penalty; enforcement by injunction; probation; civil fine.
Section 46-41-180. Appointment of Commissioner as agent for service of process.
Section 46-41-200. Establishment of South Carolina Grain and Cotton Producers Guaranty Fund.
Section 46-41-210. Definitions.
Section 46-41-220. Assessment on soybeans, grain, and cotton.
Section 46-41-230. State Treasurer to administer fund; purpose; amount of fund; claims.
Section 46-41-250. Election not to participate in fund; application for exemption.