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Chapter 49 - Electric Storage Batteries
Section 39-49-10. "Rental battery" defined. - As used in this chapter the words "rental battery" shall...
Section 39-49-20. Identifying batteries as "rental". - Any such person may mark any such battery belonging to...
Section 39-49-30. Alteration of "rental" indicator is unlawful. - It is unlawful for any person to remove, deface, alter...
Section 39-49-40. Unauthorized sale, delivery, or rental of marked battery. - It is unlawful for any person other than the owner...
Section 39-49-50. Unlawful recharge or repair of marked battery of another. - It is unlawful for any person engaged in the business...
Section 39-49-60. Unauthorized retention of marked battery of another; demand for possession. - It is unlawful for any person to retain in his...
Section 39-49-70. Sale of rebuilt electric storage batteries not marked as "Rebuilt". - Whoever assembles or rebuilds an electric storage battery for use...
Section 39-49-80. Penalties. - Any person, including any officer, agent, employee or member of...
Chapter 51 - Anti-freeze
Section 39-51-10. Short title. - This chapter shall be known as the "South Carolina Antifreeze...
Section 39-51-20. Definitions. - As used in this chapter. (a)(1) "Antifreeze" means any substance...
Section 39-51-30. Commissioner of Agriculture shall administer chapter. - This chapter shall be administered by the Commissioner of Agriculture...
Section 39-51-40. Application for registration for anti-freeze; issuance of or refusal to issue certificate of registration. - On or before the first day of January of each...
Section 39-51-50. Anti-freeze deemed adulterated. - Antifreeze shall be deemed to be adulterated: (a) If, in...
Section 39-51-60. Anti-freeze deemed misbranded. - Antifreeze shall be deemed to be misbranded: (a) If it...
Section 39-51-70. Promulgation of rules and regulations; cooperation with state agencies and with other states. - (a) The Commissioner, after due notice to interested persons, is...
Section 39-51-80. Inspection; analysis of antifreeze. - The Commissioner, or his authorized agent, shall have the right...
Section 39-51-90. Unlawful acts. - It shall be unlawful to: (a) Distribute any antifreeze which...
Section 39-51-100. Stop sale or withdrawal from distribution order; release of antifreeze upon compliance; condemnation procedure. - (a) When the Commissioner finds any antifreeze being distributed in...
Section 39-51-110. Commissioner may require disclosure of formula of antifreeze. - The Commissioner may, if required for the analysis of antifreeze...
Section 39-51-120. Penalties. - Except where otherwise provided by this chapter, any person who...
Chapter 53 - Products Made By Blind Persons
Section 39-53-10. Definitions. - As used in this chapter unless the context otherwise requires:...
Section 39-53-20. Exceptions to Section 39-53-10. - The provisions of Section 39-53-10 shall not apply to the...
Section 39-53-30. Falsely representing products to be blind-made products is unlawful. - It shall be unlawful for any person to sell, or...
Section 39-53-40. Commission for the Blind shall verify articles sold. - The Commission for the Blind (Commission) shall verify that every...
Section 39-53-50. Certain information is submitted by vendors of blind-made products; removal of inferior merchandise from sale. - Each applicant shall submit at the time of initial application,...
Section 39-53-60. Vendors organized to sell blind-made products shall not stock merchandise not made by blind. - Vendors organized to sell blind-made products shall not carry in...
Section 39-53-70. Official labels for blind-made products. - To facilitate identification of products made by blind persons, any...
Section 39-53-80. Investigation of applicants by Commission. - Each person making application shall be investigated by the Commission...
Section 39-53-90. Blind-made products must be labeled. - Any blind craftsman or any person registered with the Commission...
Section 39-53-100. Sale representatives shall carry credentials. - Sale representatives calling upon the public to sell or deliver...
Section 39-53-110. Licensing of nonresidents from states having similar requirements. - The Commission may register and license without investigation, nonresident persons...
Section 39-53-120. Applications by nonresidents from states not having similar requirements. - In the absence of such provision in another state the...
Section 39-53-130. Persons exempt from payment of fees. - No fee shall be charged for the registration and licensing...
Section 39-53-140. Annual registration fee; renewal of license. - An annual fee of ten dollars shall be charged and...
Section 39-53-150. Suspension of license. - Upon receipt of evidence indicating noncompliance with the requirements of...
Section 39-53-160. Soliciting money contributions by licensed vendor is prohibited. - Use of registration and license to solicit or receive money...
Section 39-53-170. Chapter not applicable to certain organizations. - The provisions of this chapter shall not apply to, nor...
Section 39-53-180. Penalties. - Any person who violates the provisions of this chapter shall...
Chapter 54 - Assistive Technology Warranty Act
Section 39-54-10. Short title. - This chapter may be cited as the "Assistive Technology Warranty...
Section 39-54-20. Definitions. - As used in this chapter: (1) "Assistive technology device" or...
Section 39-54-30. Manufacturers' warranties. - A manufacturer who sells an assistive technology device to a...
Section 39-54-40. Warranty repairs; replacements; refunds; disclosure of defect to subsequent purchaser or lessor. - (A) If an assistive technology device does not conform to...
Section 39-54-50. Availability of other consumer rights and remedies; damages. - (A) This chapter must not be considered to limit rights...
Section 39-54-60. Exceptions. - This chapter does not apply to: (1) Hearing aid specialists...
Chapter 57 - Business Opportunity Sales Act
Section 39-57-10. Short title. - This chapter may be cited as the South Carolina Business...
Section 39-57-20. "Business opportunity" defined; exceptions. - As used in this chapter "business opportunity" means the sale...
Section 39-57-30. Written disclosure document required of seller; contents of document. - At least forty-eight hours prior to the time the purchaser...
Section 39-57-40. Surety bond or trust account requirements. - If the business opportunity seller makes any of the representations...
Section 39-57-50. Registration and filing information with Secretary of State; penalty for failure to file. - (A) The seller of every business opportunity shall file with...
Section 39-57-55. Registration periods for biennial licenses; proration of fees during conversion to biennial cycle; renewals. - (A) Licenses required by Chapter 57 of Title 39 to...
Section 39-57-60. Seller prohibited from certain representations and acts. - Business opportunity sellers shall not: (1) Represent that the business...
Section 39-57-70. Business opportunity contracts to be in writing; terms to be included. - (a) Every business opportunity contract shall be in writing and...
Section 39-57-80. Purchaser may void contract; actions for damages; violations constitute unfair trade practice. - (a) If a business opportunity seller uses any untrue or...
Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc.
Section 39-59-10. Definitions. - As used in this chapter: (1) "Current Model" means a...
Section 39-59-20. Repurchase of inventory upon termination of franchise agreement. - Whenever any retailer enters into a franchise agreement, evidenced by...
Section 39-59-30. Repurchase of inventory within ninety days; handling costs. - The wholesaler, manufacturer, or distributor shall repurchase the inventory previously...
Section 39-59-40. Repurchase amount due within thirty days; title to inventory. - The wholesaler, manufacturer, or distributor shall make payment of the...
Section 39-59-50. Limitations upon repurchase of certain inventory. - The provisions of this chapter do not require the repurchase...
Section 39-59-60. Liability for failure to make timely repurchase of inventory. - If any wholesaler, manufacturer, or distributor fails or refuses to...
Section 39-59-70. Repurchase of inventory upon death or incapacity of retailer. - In the event of the death or incapacity of the...
Section 39-59-80. Security interests in inventory. - The provision of this chapter may not be construed to...
Section 39-59-90. Audit of books or records. - The wholesaler, manufacturer, or distributor has no more than ninety...
Section 39-59-100. Warranty claims. - All warranty claims made by the retailer to the wholesaler,...
Section 39-59-110. Indemnification of retailer. - A wholesaler, manufacturer, or distributor shall fully indemnify and hold...
Section 39-59-120. Legal remedy for violation of chapter. - Notwithstanding the terms, provisions, or conditions of any dealer agreement...
Section 39-59-130. Limitations period. - Any civil action commenced under the provisions of this chapter...
Chapter 61 - Motor Club Services Act
Section 39-61-10. Short title. - This chapter is known and may be cited as the...
Section 39-61-20. Definitions. - As used in this chapter: (a) "Administrator" means the Administrator...
Section 39-61-30. Deposit of cash, securities, or bonds. - A club may not render or agree to render a...
Section 39-61-40. Security; required assurances. - The security: (a) Must be for the protection, use, and...
Section 39-61-50. Suits by aggrieved members; aggregate liability. - If any member is defrauded or aggrieved by any misconduct,...
Section 39-61-60. Submission and approval of club name. - The name of the club must be submitted to the...
Section 39-61-70. Application for, and issuance of, certificate of authority; fee. - (a) No club may offer, issue, or renew a motor...
Section 39-61-80. Certificates of authority permanent unless suspended or revoked; renewal requirements. - Certificates of authority issued hereunder are permanent unless revoked or...
Section 39-61-90. Service of process. - (a) Serving of process in any action, rule, order, or...
Section 39-61-100. Cease and desist orders; revocation or suspension of certificate of authority. - (A) The department may file a request for a contested...
Section 39-61-110. Requirements of service contracts. - No service contract may be issued or delivered in this...
Section 39-61-120. Registration of club representatives; termination of representative's authority; fee. - (a) No individual may act as a club representative in...
Section 39-61-130. Sanctions for noncompliance by club representative; contested case hearing. - Upon satisfactory evidence that a club representative has violated or...
Section 39-61-140. Restrictions on advertising. - No club may make reference to its certificate of authority...
Section 39-61-150. Services subject exclusively to this chapter. - The offering of motor club services is subject solely and...
Section 39-61-160. Authority of administrator. - The Administrator shall administer this chapter and may promulgate regulations,...
Section 39-61-170. Violations; penalties. - Any person who violates the provisions of this chapter is...
Section 39-61-180. Sale of insurance by club representatives; license requirements. - A club representative is not required to be a licensed...
Section 39-61-190. Incidental services. - Nothing contained in this chapter prohibits a club from offering...
Section 39-61-200. Attorney's fees. - Any person who brings a civil suit for damages suffered...
Chapter 63 - Textile Fiber Products
Section 39-63-10. Definitions. - As used in this chapter: (1) "Fabric" means any material...
Section 39-63-20. Identification in advertisements of textile products as made in United States or imported. - (A) A person who advertises a textile fiber product for...
Chapter 65 - Payment Of Post-termination Claims To Sales Representatives
Section 39-65-10. Definitions. - As used in this chapter: (1) "Commissions" means compensation accruing...
Section 39-65-20. Principal to pay commissions. - When a contract between a sales representative and a principal...
Section 39-65-30. Principal's civil liability. - A principal who fails to comply with the provisions of...
Section 39-65-40. Frivolous action; sales representative's liability. - Where the court determines that an action brought by a...
Section 39-65-50. Nonresident principals subject to personal jurisdiction. - A principal who is not a resident of this State...
Section 39-65-60. Effect of chapter on other rights and remedies. - Nothing in this chapter invalidates or restricts any other right...
Section 39-65-70. Effect of waiver of chapter provisions in contract. - A provision in any contract between a sales representative and...
Section 39-65-80. Restrictions on actions. - Any person bringing an action under the provisions of this...
Chapter 69 - Mold Lien And Retention
Section 39-69-10. Short title. - This chapter is known and may be cited as the...
Section 39-69-20. Definitions. - As used in this chapter: (1) "Customer" means any individual...
Section 39-69-30. Customer's rights and title to dies, molds, forms, and patterns. - (A) In the absence of any agreement to the contrary,...
Section 39-69-40. Molders' liens; written notice of lien; failure to pay amount due. - (A) Molders have a lien, dependent on possession, on all...
Section 39-69-50. Sale of dies, molds, forms, or patterns; written notice; publication; sale in excess of lien. - (A) Before a molder may sell a die, mold, form,...
Section 39-69-60. Enforcement of chapter; regulations. - The Department of Labor, Licensing and Regulation shall enforce the...
Chapter 73 - State Commodity Code
Section 39-73-10. Definitions. - As used in this chapter: (1) "Administrator" means the South...
Section 39-73-20. Commodity transactions under commodity contract or option restricted. - Except as otherwise provided in Section 39-73-30 or Section 39-73-40...
Section 39-73-30. Purchasers or sellers as to whom prohibition not applicable. - (A) The prohibitions in Section 39-73-20 do not apply to...
Section 39-73-40. Transactions as to which prohibition not applicable. - (A) The prohibitions in Section 39-73-20 do not apply to:...
Section 39-73-50. Commodity merchant required to be registered, temporarily licensed, or exempt; board of trade must be designated. - (A) No person may engage in a trade or business...
Section 39-73-60. Prohibited acts. - No person, directly or indirectly, in or in connection with...
Section 39-73-70. Agency, vicarious, and joint and several liability. - (A) The act, omission or failure of an official, an...
Section 39-73-80. Chapter not to impair other state securities laws. - Nothing in this chapter impairs, derogates, or otherwise, affects the...
Section 39-73-90. Construction and implementation of chapter; no private right of action created. - This chapter may be construed and implemented to effectuate its...
Section 39-73-310. Authority of administrator to investigate; publication of information; powers and procedures; court order to compel compliance. - (A) The administrator may make investigations, within or without this...
Section 39-73-315. Action by administrator to prevent violation or imminent violation. - (A) If the administrator believes, whether or not based upon...
Section 39-73-320. Legal, equitable, and special remedies available to court for enforcement. - (A)(1) Upon a proper showing by the administrator that a...
Section 39-73-325. Penalties for willful violation; for unknowing violation; reference to Attorney General for criminal proceedings. - (A) A person who wilfully violates a regulation or order...
Section 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain. - (A) This chapter must be administered by the South Carolina...
Section 39-73-335. Cooperation with other jurisdictions; joint action. - (A) To encourage uniform application and interpretation of this chapter...
Section 39-73-340. Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith. - (A) In addition to specific authority granted elsewhere in this...
Section 39-73-345. Engaging in prohibited conduct constitutes appointment of administrator to accept service of process. - When a person, including a nonresident of this State, engages...
Section 39-73-350. Applicability of sections 39-73-20, 39-73-50, and 39-73-60 to persons who sell, buy, or offer to sell or buy commodities in state. - (A) Sections 39-73-20, 39-73-50, and 39-73-60 apply to persons who:...
Section 39-73-355. Administrative proceedings; notice; hearing; order. - (A) The administrator shall commence an administrative proceeding under this...
Section 39-73-360. Judicial review. - (A) A person aggrieved by a final order of the...
Section 39-73-365. Burden of proof as to exemptions. - It is not necessary to negate the exemptions of this...
Section 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time. - It is a defense in a complaint, information, indictment, a...
Chapter 75 - Regrooved And Regroovable Tires
Section 39-75-10. Definitions. - As used in this chapter, the term: (1) "Regroovable tire"...
Section 39-75-20. Requirements applicable to sale of regrooved or regroovable tires. - (A) Except as permitted in subsection (B) of this section,...
Section 39-75-30. Labeling of tire designed for regrooving. - A tire designed and constructed for regrooving shall be labeled...
Section 39-75-40. Applicability of chapter. - This chapter does not apply to regrooved or regroovable tires...
Section 39-75-50. Sale of nonconforming tires; penalty. - Any person who knowingly sells, offers for sale, or delivers...
Chapter 77 - Electronic Dissemination Of Commerical Recordings Or Audiovisual Works
Section 39-77-20. Definitions. - As used in this chapter: (1) "Audiovisual works" means works...
Section 39-77-30. Disclosures required by person who owns or operates a website dealing in electronic dissemination of third-party commercial recordings or audiovisual works. - (A) A person who owns or operates a website or...
Section 39-77-40. Private cause of action to obtain declaratory judgment; attorney's fees and expenses. - (A) An owner, assignee, authorized agent, or exclusive licensee of...
Section 39-77-50. Construction of chapter with other state and federal laws. - This chapter is supplemental to those provisions of state and...
Section 39-77-60. Violation of this chapter; enforcement. - (A) A violation of this chapter constitutes an unfair trade...