Section 46-26-100. Penalties; assessment of additional fines for failure to meet guarantees.

SC Code § 46-26-100 (2019) (N/A)

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(A) A person or dealer violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

(B) In addition to the penalties provided in subsection (A), the commission may assess additional fines when a shipment of agricultural liming materials, or landplaster, or both, fails to meet the guarantee for chemical, neutralizing value and screen size.

Assessments levied by the commission must be paid within thirty days from date of notice to manufacturer, dealer, or agent. Failure to pay penalties after notice may result in revocation of the registrant's products. All penalties must be paid by the registrant to the purchasers through the division by check or credit memorandum in case of indebtedness of the purchaser to the seller.

If the purchasers cannot be found, or if the amount due any one purchaser from the lot of agricultural liming material, or landplaster, or both, on which an assessment has been levied is less than one dollar, the amount of penalty assessed must be paid to the State Treasurer but remitted to the commission or its duly authorized representative, the proceeds to be credited to the account, the South Carolina Fertilizer Fund.

HISTORY: 1976 Act No. 495 Section 10; 1992 Act No. 378, Section 4, eff May 15, 1992; 2011 Act No. 64, Section 1, eff June 14, 2011.

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Section 46-26-90. Stop sales or removal orders; release of materials.

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Section 46-26-110. Seizure of goods when assessment not paid.