SC Code of Regs Ch. 27

Editors Note:

See SCSR 44–10 Doc. No. 4999, effective October 1, 2020 for 90 days, which promulgated emergency regulation SC ADC 27–58, relating to Asian Longhorned Beetles and an emergency quarantine to establish boundaries extending to about one and one-half miles from the nearest, known infested tree and to limit the movement of regulated articles from within those boundaries.

See SCSR 45–2 Doc. No. 5035, effective January 11, 2021 for 90 days, which promulgated emergency regulation SC ADC 27–58, relating to Asian Longhorned Beetles and an emergency quarantine to establish boundaries extending to about one and one-half miles from the nearest, known infested tree and to limit the movement of regulated articles from within those boundaries.

(Statutory Authority: 1976 Code §§ 46–9–40, 46–13–30, 46–13–55, 46–21–625, 47–4–30, 47–17–130, 47–19–30, 47–19–170, and 59–119–320)

(Statutory Authority: 1976 Code § 26–37–20)

27-1. Definitions.

1. ‘‘Area’’ means apiary, beeyard, colony, organized or otherwise, or any other place where bees are found to colonize.
2. ‘‘Commission’’ means S. C. State Crop Pest Commission, as designated by the Board of Trustees of Clemson University or any other officers, employees, or designees thereof to whom authority has been given by such commission.
3. ‘‘Director’’ means Director of Regulatory and Public Service Programs, Clemson University.
4. ‘‘Disease’’ means any contagious and infectious disease, including but not limited to American Foulbrood, European Foulbrood, Isle of Wight disease, and/or any pests and parasites including, but not limited to Varroa mite, Tracheal mite, Africanized bee, etc.
5. ‘‘Division’’ means Division of Regulatory and Public Service Programs, Clemson University, and any other of its employees, agents and officials.
6. ‘‘Fixtures’’ means all new/used equipment, products, or by-products used in beekeeping includ- ing, but not limited to, honey, hives, combs, supers, frames, etc. and other appliances.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–2. Quarantine Imposed on Areas Where Disease Exists.

1. A quarantine is hereby placed by the Commission on all areas where disease of bees is known to exist. Also, hereafter such a quarantine shall become effective in all areas where any disease is discovered.
2. The removal of any and all bees and fixtures from such quarantined areas is hereby prohibited until such time as the Commission declares that the disease is eradicated. Provided that the Commis- sion may issue permits for the movement of bees and/or fixtures, before such a declaration, when in the judgment of Commission, such movements will decrease the danger that other bees and fixtures
   will become diseased, or which will in other ways result in increased protection of the beekeeping interests of the State.
3. The movement of bees and fixtures from areas under quarantine is prohibited, even when permitted as above, until such bees and fixtures are first treated in a manner prescribed and approved by the Commission.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–3. Prohibition Against Exposure of Bees and Fixtures to Infected Areas.

The exposure of diseased and/or quarantined bees or fixtures to any other bees and fixtures, diseased or not, is prohibited.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–4. Restrictions on Transactions Involving Queen Bees and Attendants.

The sale, bartering or shipment of queen bees and their attendant bees within this State is prohibited, except when accompanied by a current certificate or copy thereof from the Commission, issued within 60 days of shipment certifying that the bees and the area from which such queen bees are shipped are free from disease, and that the honey used in making the candy employed in the mailing cages, has been diluted and properly boiled in tightly closed vessels.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–5. Restrictions on Shipments of Honey from Apiary Infected with American Foulbrood.

1. The shipment, transportation or movement of honey from an area infected with American Foulbrood or which is under quarantine for this disease, except when such honey is contained in new tin honey cans, free from leaks and free from all traces of honey on the outside and securely crated, is hereby forbidden. All such shipments must be accompanied by a certificate stating that the honey originated in an area infected with American Foulbrood, and that it cannot be sold or used for feeding bees within the State of South Carolina.
2. The gift, sale or offer for sale within the State of South Carolina of honey products in any area which is infected with American Foulbrood or which is under quarantine by the South Carolina State Crop Pest Commission for sale is hereby prohibited.
3. This regulation does not dilute or change the effect of Section 27-2 Quarantines for any fixtures except ‘‘honey’’. This regulation controls for the purpose of shipping honey when infected by American Foulbrood or which comes from an area quarantined for same.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–6. Centers of Infected and Dangerous Zones.

Any area in the State in which bees are found to be infected with any disease is declared to be the center of an infected and dangerous zone. Such zone shall extend for two miles in every direction from the center, and all bees and fixtures within this zone are declared to be exposed to the disease. The movement of bees into or within such zone and the removal therefrom of bees and fixtures, is prohibited except as authorized by the Commission or unless a current certificate (60 days), issued by the Commission, indicates they are apparently free from disease. Primitive box or other types of hives which do not allow the ready removal of all frames and combs for the purpose of inspection are prohibited within these zones.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–7. Application for Inspection for Permit to Transport.

All persons, firms or corporations desiring to have their bees or fixtures inspected in order to obtain transportation permits shall make application, whenever possible, before April 1 of each year.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–8. Issuance of Permit to Locate Bees and Fixtures.

Entry Permits required by 46-37-10 will be issued when the following conditions are met.

1. A. The State Entomologist receives a certificate from the official apiary inspector of the state of origin certifying:
   
   1. that the apiaries of the shipper have been inspected within 60 days of the date of shipment; and
   2. that no American or European Foulbrood or other diseases have been found in the apiaries of the supplier; and
   3. that the Varroa mite (Varroa jacobsoni), tracheal mite Africanized bee or any other parasites of bees deemed harmful by the State Entomologist do not exist on such shipment.
2. A satisfactory description of the final destination and location of bees and fixtures is furnished by the supplier so that the State Entomologist or any of his agents can easily locate them.
3. Entry Permits will not be granted for movement of bees or fixtures into South Carolina from any state which refuses entrance of bees or fixtures from the State of South Carolina.

HISTORY: Amended by State Register Volume 15, Issue No. 4, eff April 26, 1991.

27–10. Five-leafed Pines.

When the South Carolina State Crop Pest Commission shall determine that there are five-leafed pines now growing in any area in the State, or that such pines are to be grown by a nursery or are to be planted for reforestation purposes in such area, and further that such pines should be protected against the white pine blister rust, the South Carolina State Crop Pest Commission is authorized to designate such area as a ‘‘Blister Rust-Control Area’’ and then prescribe its boundaries.

27–11. Currant and Gooseberry Plants.

1. All wild and cultivated currant and gooseberry plants growing in any Blister Rust-Control Area are hereby declared to constitute a public nuisance, and the South Carolina State Crop Pest Commission or its agents are authorized to destroy such plants wherever found.
2. In the case of cultivated currant and gooseberry plants (other than those growing on apparently abandoned or unoccupied premises) the owner of the plants shall be notified by an agent of the South Carolina State Crop Pest Commission at least ten days in advance of the date on which such plants are to be destroyed, and the owner shall have the right of appeal from the agent direct to the South Carolina State Crop Pest Commission.
3. No person, firm, or corporation shall knowingly plant any currant or gooseberry plants of any kind or variety within any such Blister Rust Control Area unless a special permit shall have been issued therefor by the South Carolina State Crop Pest Commission nor shall any person, firm or corporation transport such plants into such area from any other part of the State without such a special permit.

27–12. Destroying Pines.

In order to suppress any centers of blister-rust infection, the South Carolina State Crop Pest Commission or its agents are authorized to destroy five-leafed pine trees either (a) when the trees are found infected with blister rust, or (b) when the cultivated currant and gooseberry plants in the vicinity are of more value than the five-leafed pines, or (c) when the cost of removal of the wild and cultivated currant and gooseberry plants within an infective distance thereof would be greater than the value of the white pine trees involved.

27–13. Movement of White Pines.

White pines that meet the requirements of nursery inspection regulations and show no visible sign of blister-rust infection are allowed free movement.

27–14. Pines or Currant or Gooseberry Plants Subject to Seizure.

Any pines or currant or gooseberry plants found to be moving or to have moved within this State in violation of these regulations or into this State in violation of regulations issued by the Secretary of Agriculture of the United States Department of Agriculture under the authority of the plant
quarantine act of 1912, shall be subject to seizure, destruction or such other disposition as shall be determined by the South Carolina State Crop Pest Commission.

27–15. Penalties.

Any person, firm or corporation found guilty of violating the provisions of this quarantine shall be deemed guilty of a misdemeanor and upon conviction shall be punished by law as provided by the Crop Pest Commission Act of 1912.

27–20. [Inspection and Approval of Tomato Transplants.]

All tomato transplants moved into South Carolina must be inspected periodically and approved as being reasonably free from injurious insects, nematodes, and plant diseases, except that no tolerance shall be allowed for late blight (Phytopthora infestans). Other diseases may be placed into the zero tolerance category by supplemental regulations at a later date and will be so indicated by a supplemental list. The final inspection shall be made not more than three (3) days prior to pulling.

27–21. [Inspection Certificate for Imported Tomato Plants.]

All tomato plants shipped into South Carolina must have attached to each container a valid inspection certificate issued by the state of origin. Each load must have a master certificate giving the total number of containers, the point of origin, consignor and consignee.

27–22. [Spraying or Dusting with Approved Fungicide.]

Certified tomato plants must be sprayed or dusted with an approved fungicide starting when the first true leaves appear, and from 5 to 7 days thereafter and a pre-pulling application made from 2 to 3 days prior to pulling.

27–23. [Confiscation.]

All tomato plants not bearing valid certificates of inspection and certification shall be confiscated upon interception.

27–24. [Violations.]

Any person or firm who shall violate these regulations shall be deemed guilty of a misdemeanor and upon conviction will be punished by law as provided by the Crop Pest Commission Act of 1912.

(Statutory Authority: 1976 Code §§ 46–9–40, 46–9–50 and 46–9–60)

27–30. Tobacco Plant Certification.

1. Definitions
   The following definitions will apply to this Section and shall be construed respectively to mean:
   
   1. Commission: The State Crop Pest Commission;
   2. Department: The Department of Plant Industry (DPI);
   3. Director: The Director, Regulatory and Public Service Programs, Clemson University;
   4. Infestation or Infected Plant: The presence of any plant pest which is regarded as injurious;
   5. Certifying Agency: An officially recognized inspecting or certifying agency whose standards have been determined by the Director to conform to the standards contained in this Section;
   6. Certified Tobacco Plants for Transplanting: Plants which have been tagged or labeled so as to indicate that such plants have been grown under the certification procedures of the certifying agency;
   7. Certificate of Inspection: An official tag or label of the officially recognized or certifying agency indicating that the plants have been inspected by an authorized agent of such agency and found to conform to the appropriate standards as established by law and these regulations;
   8. Standards: As applied to tobacco plants, standards shall include freedom from injurious insects, diseases, nematodes, and other pests or the damage caused by same;
   9. Scientific Permit: A document issued by the Director, or his designee, to allow the movement of tobacco plants, not otherwise eligible for entry, for experimental or scientific purposes;
   10. Inspector: Any authorized employee or agent of the State Crop Pest Commission or any other person authorized by the Director to enforce the provisions of these regulations.
2. Unlawful Use or Distribution of Plants
   
   1. (1) No person, firm, company, partnership or corporation shall pack, transport, sell or offer for sale, ship or bring into or plant in this state any tobacco plants produced out of state unless such plants are certified tobacco plants;
   2. (2) Only certified tobacco plants shall be sold or offered for sale in South Carolina.
3. Infested Plants
   Any tobacco plants in South Carolina, whether or not accompanied by a certificate of inspection, found infested with or damaged by injurious pests, are infested plants and are hereby declared a public nuisance and may be returned to the shipper, treated, destroyed or otherwise disposed of by the inspector. 
   Stop Sale or Use Notice
   1. Any inspector of the South Carolina Department of Plant Industry shall have the authority to issue a ‘‘Stop Sale, Seizure Order’’ when any tobacco plants are found to be or suspected to be infested or not grown and inspected as required by any provision of law or these regulations;
   2. It shall be unlawful for any person, after receipt of such ‘‘Stop Sale, Seizure Order’’, to remove such notice from plants or from any location to which attached; or to sell, give away, move, plant or exchange such plants until so authorized by an inspector.
4. Disposition of Plants in Violation
   
   1. Plants on which a ‘‘Stop Sale, Seizure Order’’ has been issued shall be removed from any sales area as not to be exposed for sale. The inspector may, when it is deemed advisable, require plants in violation to be returned to shipper, treated, destroyed, or otherwise disposed of.
5. Standards
   1. All tobacco plants shall meet the requirements of all applicable state and federal plant pest quarantines;
   2. All certified tobacco plants distributed, shipped, and offered for sale in South Carolina shall meet the following requirements:
      1. the soil in the beds in which the plants are to be grown shall be fumigated under plastic cover with methyl bromide (minimum 60 percent in formulation at the rate indicated on the label for tobacco transplant beds);
      2. all out-of-state plants shall be field-inspected a maximum of five days prior to their being shipped to South Carolina; all in-state tobacco plants shall be field inspected a maximum of five days prior to being offered for sale;
      3. all plants shall be found apparently free from all injurious plant pests including but not limited to insects, diseases, and nematodes;
      4. special emphasis shall be made to ensure that the plants are apparently free of black shank, Granville wilt, Fusarium wilt, blue mold, virus diseases and root knot nematodes;
      5. to aid in ensuring apparent freedom from injurious plant pests, the grower shall make full use of all compatible and approved pest control practices during the growing of the transplants;
      6. plants must be field inspected by regulatory officials in the state of origin and approved and certified as being free from injurious pests;
      7. each container of plants must be marked with a certificate of inspection bearing a declara- tion of certification, variety, plants per bundle and plants per container;
      8. each load of certified plants shall be accompanied by a master permit showing: Consignee, Consignor, Date of Issuance, Place of Issuance, Number of Containers for which issued;
      9. all tobacco plants not bearing valid certificates of the state of origin are subject to confiscation.
6. Penalties
   
   1. Any person or firm who shall violate these regulations shall be deemed guilty of a misdemeanor and upon conviction will be punished in accordance with § 46-9-90, S. C. Code of Laws (1976) as amended.

HISTORY: Amended by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

Statutory Authority: 1976 Code Chapter 9 of Title 46

Editors Note:

This Article, formerly consisting of Regulations 27-40 through 27-51, was completely revised, effective March 8, 1979, with Regulations 27-40 through 27-50 replacing the former Regulations.

27–40. Definitions.

1. ‘‘Certificate’’ means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
2. ‘‘Compliance agreement’’ means a written agreement between an individual or concern engaged in growing, dealing in, or moving regulated articles and the South Carolina Crop Pest Commission, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of witchweed.
3. ‘‘Exemptions’’ means conditions contained in a regulation supplemental hereto which provide for modifications in conditions of movement of regulated articles from regulated areas under specific conditions.
4. ‘‘Infestation’’ means the presence of the witchweed or the existence of circumstances that make it reasonable to believe that witchweed is present.
5. ‘‘Inspector’’ means any authorized employee of the South Carolina Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulations supplemental thereto.
6. ‘‘Mechanized cultivating equipment and mechanized soil-moving equipment’’ means mechanized equipment used for cultivating purposes—e.g., turning or disc plows, or to move or transport soil— e.g., draglines, bulldozers, road scrapers and dump trucks.
7. ‘‘Permit’’ means a document issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination for particular handling, utiliza- tion, or processing, or for treatment.
8. ‘‘Pest’’ means the parasitic plant known as Witchweed (Striga spp.) in any living stage.
9. ‘‘Regulated Articles’’ means those articles that require a certificate or permit year-round except
   as indicated.
10. ‘‘Regulated areas’’ means any civil division and parts of civil divisions in the State of South Carolina listed in a regulation supplemental hereto.
11. ‘‘Soil’’ means that part of the upper layer of earth in which plants can grow.
12. ‘‘Designated facility’’ means laboratories, gins, oil mills and processing plants as so specified by an inspector.

27–41. Regulated Articles.

1. The witchweed (Striga spp.) in any living stage of development.
2. Soil, compost, decomposed manure, humus, muck and peat, separately or with other things;
   sand; and gravel.
   Soil samples shipped to approved laboratories do not require attachment of certificate or permit. Designated facilities may be obtained from an inspector.
3. Plants with roots.
4. Grass sod.
5. Plant crowns and roots for propoagation.
6. True bulbs, corms, rhizomes and tubers of ornamental plants.
7. Root crops, except those from which all soil has been removed.
8. Peanuts in shells and peanut shells, except boiled or roasted peanuts.
9. Small grains.
   Small grains are exempt if harvested in bulk or into new or treated containers and if the grains and containers for the grains have not come in contact with the soil, or if they have been cleaned at a designated facility as specified by an inspector. Exempted only if not exposed to infestation after cleaning or other prescribed handling. Information as to designated laboratories, facilities, gins, oil mills, and processing plants may be obtained from an inspector.
10. Soybeans are exempt when determined by an inspector that the soybeans were grown, harvested and handled in a manner to prevent contamination from witchweed seed.
11. Hay, straw, fodder and plant litter of any kind.
12. Seed cotton and gin trash.
    Seed cotton is exempt if moving to a designated gin. Information as to designated laboratories, facilities, gins, oil mills and processing plants may be obtained from an inspector.
13. Stumpwood.
14. Long green cucumbers, cantaloupes, peppers, squash, tomatoes and watermelons, except those from which all soil has been removed.
15. O. Pickling cucumbers, string beans and field peas are exempt if washed free of soil with running water. Exempt if not exposed to infestation after cleaning or other prescribed handling.
16. Cabbage, except firm heads with loose outer leaves removed
17. Leaf tobacco, except flue-cured leaf tobacco.
18. Ear corn, except shucked ear corn. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
19. Used crates, boxes, burlap bags, cotton picking sacks and other used farm products containers.
20. Used farm tools.
    Used farm tools are exempt if cleaned free of soil. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
21. Used mechanized cultivating equipment and used harvesting equipment. Used mechanized cultivating equipment is exempt if cleaned free of soil. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
22. Used mechanized soil-moving equipment. Used mechanized soil-moving equipment is exempt if cleaned free of soil. Exempted only if not exposed to infestation after cleaning or other prescribed handling.
23. Any other products, articles, or means of conveyance, of any character whatsoever, not covered by the above when it is determined by an inspector that they present a hazard of spread of witchweed and the person in possession thereof has been so notified.

27–42. Conditions Governing the Movement of Regulated Articles.

1. Certificate or permit required.
   Unless exempted in a regulation supplemental hereto, a certificate or permit shall accompany the movement of regulated articles from any regulated area into or through any point outside thereof, except that, regulated articles originating outside of a regulated area moving through a regulated area to other nonregulated areas may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles and they are protected from infestation while within regulated areas, to the satisfaction of an inspector.
2. Attachment of certificates or permits.
   When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate or permit is attached to the shipping document and the regulated articles are adequately described in the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
3. Issuance of certificates.
   Certificates may be issued by an inspector if the regulated articles:
   
   1. Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or
   2. Have been treated to destroy infestation in accordance with approved procedures; or
   3. Have been grown, manufactured, stored or handled in such manner that no infestation would be transmitted thereby.
4. Issuance of permits.
   Permits may be issued by an inspector to allow the movement of noncertified regulated articles to locations outside of the regulated areas for particular handling, utilization, processing or for treatment in accordance with approved procedures, provided the inspector has determined that such movement will not result in the spread of witchweed.
5. Requirements under other applicable quarantines must also be met.

27–43. Disposition of Certificates and Permits.

In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

27–44. Movement for Scientific Purposes.

Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a scientific permit is securely attached to the container of such articles or to the article itself.

27–45. Compliance Agreement.

As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating or moving such articles shall be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.

27–46. Inspection and Disposal.

Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the witchweed; and, such inspector is authorized to seize, treat, destroy or otherwise dispose of articles found to be moving in violation of these regulations.

27–47. Waiver of Liability.

The South Carolina Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of the quarantine, other than for the services of the South Carolina Crop Pest Commission.

27–48. Penalties.

Under provisions of the ‘‘Act’’ creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by law.

27–49. Exemptions to Regulated Articles.

1. Soil samples of any size collected and shipped to any U. S. Army Corps of Engineers laboratory.
2. Small grains, if harvested in bulk (or into new or treated containers and if the grains and containers for the grains have not come in contact with the soil) or, if they have been cleaned at a designated facility.
3. Soybeans, when determined by an inspector that the soybeans were grown, harvested and handled in a manner to prevent contamination from witchweed seed.
4. Pickling cucumbers, string beans and field peas, if washed free of soil with running water.
5. Used farm tools, if cleaned free of soil.
6. Seed cotton, if moving to a designated gin.
7. Used mechanized cultivating and soil-moving equipment, if cleaned free of soil and not exposed to infestation after cleaning or other prescribed handling.

27–50. Regulated Areas.

The official listing of quarantined areas in SC shall be maintained and made publicly available on Clemson’s website located at: www.clemson.edu/invasives.

HISTORY: Amended by State Register Volume 6, Issue No. 4, eff April 23, 1982; State Register Volume 7, Issue No. 5, eff May 27, 1983; State Register Volume 8, Issue No. 9, eff September 28, 1984; State Register Volume 9, Issue No. 8, eff August 23, 1985; State Register Volume 10, Issue No. 8, eff August 22, 1986; State Register Volume 11, Issue No. 6, eff June 26, 1987; State Register Volume 12, Issue No. 8, eff August 26, 1988; State Register Volume 14, Issue No. 4, eff April 27, 1990; State Register Volume 14, Issue No. 12, eff December 28, 1990; State Register Volume 27, Issue No. 5, eff May 23, 2003; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 39, Issue No. 6, Doc. No. 4490, eff June 26, 2015.  

Statutory Authority: 1976 Code Chapter 9 of Title 46

Editor's Note

This Article, formerly consisting of Regulations 27-60 through 27-72, was completely revised, effective March 8, 1979, with Regulations 27-60 through 27-70 replacing the former Regulations.

27–60. Definitions.

For the purpose of this quarantine and regulation, the following shall be construed respectively to mean:

1. ‘‘Certificate’’ means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
2. ‘‘Compliance agreement’’ means a written agreement between an individual or concern engaged in growing, dealing in, processing or moving regulated articles and the South Carolina State Crop Pest Commission wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the sweetpotato weevil.
3. ‘‘Container’’ means a crate, box, basket, sack or any other type of container used to handle or move sweetpotatoes or sweetpotato vines or roots.
4. ‘‘Control area’’ means that portion of any regulated area where control measures may be applied but eradication currently is not the objective.
5. ‘‘Eradication area’’ means that portion of any regulated area where eradication measures may be applied against the sweetpotato weevil.
6. ‘‘Infestation’’ means the presence of the sweetpotato weevil or the existence of insect debris or damage that make it reasonable to believe that the sweetpotato weevil is present.
7. ‘‘Inspector’’ means any authorized employee of the South Carolina State Crop Pest Commis- sion or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulations supplemental thereto.
8. ‘‘Limited permit’’ means a document issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination for particular handling, utilization, or processing or for treatment.
9. ‘‘Pest’’ means the insect known as the sweetpotato weevil (Cylas formicarius elegantulus Sum.) in any living stage or development.
10. ‘‘Generally infested area’’ means that part of the regulated area in which control measures are not being applied.
11. ‘‘Regulated area’’ means any civil division and parts of civil divisions in the State of South Carolina listed in a regulation supplemental hereto.

27–61. Regulated Articles.

1. The sweetpotato weevil (Cylas formicarius elegantulus Sum.) in any living stage of development.
2. Sweetpotato plants, roots and vines, or parts thereof.
3. Vines or roots of any other plants belonging to the genus (Ipomea spp.)
4. Any other products, articles, or means of conveyance of any character whatsoever not covered by the above, when it is determined by an inspector that they present a hazard of spread of the sweetpotato weevil and the person in possession thereof has been so notified.

27–62. Conditions Governing the Movement of Regulated Articles.

1. Certificate or permit required. A certificate or permit issued or authorized to be issued by an inspector of the State of origin shall accompany the movement of regulated articles:
   
   1. From any regulated area into or through any point outside thereof. (2) From a generally infested area into or through an eradication area;
      
      1. Except that, regulated articles originating outside of a regulated area moving directly to other nonregulated areas may be moved without a certificate or permit if the point of origin is clearly indicated on the waybill or other document accompanying the shipment. In the case of regulated articles moved through regulated areas, the regulated articles shall be protected from infestation while within the regulated area to the satisfaction of an inspector.
      2. There are no restrictions on the movement of regulated articles within generally infested areas or eradication areas unless the articles originated on infested properties and an inspector has determined that a hazard of spread exists and the owner has been so notified. A property owner so notified may move the specified regulated articles within generally infested areas or eradication areas only on the conditions approved by an inspector.
2. securely attached to the outside of the container in which the articles are moved except where the certificate or permit is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
3. Issuance of certificates. Certificates may be issued or authorized to be issued by an inspector of the regulated articles:
   
   1. Have originated to noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or
   2. Have been examined and found to be free of infestation; or
   3. Have been grown, stored or handled in such a manner that no infestation would be transmitted.
4. Issuance of permits. Permits may be issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination provided the inspector determines that such movement will not result in the spread of the sweetpotato weevil and the movement is in accordance with procedures approved by the responsible regulatory official of the state of destination.
5. Requirements under other applicable state quarantines must be met.

27–63. Disposition of Certificates and Permits.

In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.

27–64. Movement for Scientific Purposes.

Regulated articles may be moved for experimental or scientific purposes under such conditions as may be prescribed by the responsible regulatory official of the state of destination provided a scientific permit is securely attached to the container of such articles or to the article itself.

27–65. Compliance Agreement.

As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.

27–66. Inspection and Disposal.

Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the sweetpotato weevil; and, such inspector is authorized to seize, treat and destroy, or otherwise dispose of articles found to be moving in violation of these regulations.

27–67. Removal of Areas from Regulation.

When satisfactory evidence has been presented that no sweetpotato weevils have been found for a period of one year, said regulated area may be removed from regulation at the discretion of the State Entomologist.

27–68. Waiver of Liability.

The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.

27–69. Penalties.

Under provisions of the ‘‘Act’’ creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by law.

27–70. Regulated Areas.

The official listing of regulated areas in SC shall be maintained and made publicly available on Clemson’s website located at: www.clemson.edu/invasives.

HISTORY: Amended by State Register Volume 39, Issue No. 6, Doc. No. 4490, eff June 26, 2015.

27–80. [Quarantine Established.]

The South Carolina State Crop Pest Commission hereby establishes a quarantine to prevent the spread of phony peach, a virus disease of peach and certain other stone fruits, setting forth in the following regulations: (1) regulated articles; (2) conditions governing movement; (3) conditions under which areas may be removed from regulation; and (4) regulated areas.

27–81. Definitions.

For the purpose of this quarantine and regulations, the following shall be construed respectively to mean:

1. Certificate. A document issued or authorized to be issued by an inspector to allow the movement of regulated articles.
2. Compliance agreement. A written agreement between an individual, or concern engaged in growing, dealing in or moving regulated articles and the South Carolina State Crop Pest Commis- sion, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the phony peach disease.
3. Infestation. The presence of phony peach disease or the existence of circumstances that make it reasonable to believe that the phony peach disease is present.
4. Inspector. Any authorized employee of the South Carolina State Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulation supplemental thereto.
5. Scientific Permit. A document issued or authorized by the State Entomologist to allow movement to a specified destination for scientific purposes.
6. Pest. A virus known as the phony peach disease of peaches.
7. Regulated areas. Any civil divisions and parts of civil divisions in the State of South Carolina
   listed in a regulation supplemental hereto.

27–82. Regulated Articles.

All peach, plum, apricot, nectarine and almond nursery stock.

27–83. Conditions Governing the Movement of the Regulated Articles.

Requirements under other applicable State quarantines must also be met.

1. Certificate required. A valid nursery inspection certificate bearing the name and address of the consignor must accompany the movement of regulated articles from any regulated area into or through any point outside thereof.
2. Attachment of certificates. When nursery certificates are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate the attachment of the certificate to each of the containers is not required.
3. Issuance of certificates. Certificates may be issued only on the following conditions:
   
   1. That each nursery in the phony peach infected area(s) producing regulated products shall apply to the State quarantine official for approval of the proposed nursery-growing site on or before August 15th of each year.
   2. Selected nursery sites shall be at least 300 yards from wild plum, one-half mile from phony infected commercial orchards, and one-half mile from urban areas.
   3. The one mile environs of the nursery site shall be inspected prior to October 1st, and all phony trees found within such environs removed prior to November 1st.
   4. All budding shall be restricted to the slip-bud method.

27–84. Disposition of Certificates.

In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

27–85. Movement for Scientific Purposes.

Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a scientific permit is securely attached to the container of such articles or to the article itself.

27–86. Compliance Agreement.

As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, or moving such articles may be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and spread of infection and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles.

27–87. Inspection and Disposal.

Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such articles are infected with the phony peach disease; and, such inspector is authorized to seize, destroy or otherwise dispose of articles found to be moving in violation of these regulations.

27–88. Removal of Areas from Regulation.

When satisfactory evidence has been presented that no phony peach disease has been found for a period of three consecutive years in a county affected by this quarantine, said county may be removed from regulation.

27–89. Waiver of Liability.

The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.

27–90. Penalties.

Under provisions of the Act creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished by law.

27–91. Regulated Areas.

The following are designated as regulated areas:

1. Those areas of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, Tennessee and Texas, which are under regulations by their respective state authorities or any other state areas similarily quarantined by the responsible Regulatory Agency of that State.
2. Description of regulated areas in South Carolina. Counties of Aiken, Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chesterfield, Edgefield, Greenville, Hampton, Lancaster, Laurens, Lexington, Marlboro, Orangeburg, Richland, Saluda, Spartanburg, Sumter and York.
3. Any other areas in the State of South Carolina hereafter found infected, such other areas to become immediately subject to these regulations when the property owner is so notified through a newspaper release or through direct written notice to those concerned.

Statutory Authority: 1976 Code Chapter 9 of Title 46

Editors Note:

These revisions to the Japanese Beetle Quarantine regulations, superseding the previous revisions of June 24, 1980, became effective April 23, 1982.

27–100. Defintions 

1. ‘‘Certificate’’ means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
2. ‘‘Compliance Agreement’’ means a written agreement between an individual, or concern engaged in growing, dealing in, or moving regulated articles and the South Carolina State Crop Pest Commission, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the Japanese beetle.
3. ‘‘Infestation’’ means the presence of the Japanese beetle or the existence of circumstances that make it reasonable to believe that the Japanese beetle is present.
4. ‘‘Inspector’’ means any authorized employee of the South Carolina State Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulations supplemental thereto.
5. ‘‘Mechanized Soil-moving Equipment’’ means mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.
6. ‘‘Permit’’ means a document issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination for particular handling, utiliza- tion, or processing, or for treatment.
7. ‘‘Pest’’ means the insect known as the Japanese beetle (Popillia japonica Newm.) in any stage of development.
8. ‘‘Soil’’ means that part of the upper layer of earth in which plants can grow.

27–101. Regulated Articles.

1. The Japanese beetle (popillia japonica Newm.) in any living stage.
2. Soil, humus, compost, and manure (except when commercially packaged).
3. All plants with roots (except bareroot plants free from soil). ‘‘Free from soil’’ as used in the regulation shall mean free from soil in amounts that could contain concealed Japanese beetle larvae or pupae.
4. Bulbs, corms, tubers, and rhizomes of ornamental plants and plant crowns or roots for propagation except when they are free from soil.
5. Grass Sod.
6. Any other product, articles, or means of conveyance of any character whatsoever, not covered by the above, when it is determined by a quarantine officer of the Plant Pest Regulatory Service that they present a hazard of spreading the Japanese beetle.

27–102. Conditions Governing the Movement of Regulated Articles.

1. Certificate or Permit Required
   A certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. Regulated articles originating outside of a regulated area may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles, provided in the case of articles moved through a regulated area, the regulated articles are protected from infestation, while within regulated areas, to the satisfaction of an inspector.
2. Attachment of Certificates or Permits
   When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate or permit is attached to the
   shipping document and the regulated articles are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
3. Issuance of Certificates
   Certificates may be issued by an inspector if the regulated articles:
   
   1. Have originated in noninfested premise in a regulated area and have not been exposed to infestation while within the regulated area;
   2. upon examination, have been found to be free of infestation;
   3. have been treated to destroy infestation in accordance with approved procedures;
   4. have been grown, produced, manufactured, stored or handled in such manner that no infestation would be transmitted thereby.
4. Issuance of Permits
   Permits may be issued by an inspector to allow the movement of noncertified regulated articles to locations outside of the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided the inspector has determined that such movement will not result in the spread of the Japanese beetle.
5. Movement of Regulated Articles
   There are no restrictions imposed on the movement of regulated articles within regulated areas unless the articles originate on infested properties and an inspector has determined that a hazard of spread exists and the property owner has been so notified. A property owner so notified may move the specified regulated articles within the regulated area only under conditions approved by an inspector.

27–103. Disposition of Certificates and Permits.

In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

27–104. Movement for Scientific Purposes.

Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a permit is securely attached to the container of such articles or to the article itself.

27–105. Compliance Agreement.

As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.

27–106. Inspection and Disposal.

Any properly identified inspector is authorized to stop and inspect without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the Japanese beetle; and, such inspector is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these regulations.

27–107. Waiver of Liability.

The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.

27–108. Penalties.

Under provisions of the Act creating a State Crop Pest Commission, approved March, 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by law.

27–109. Regulated Areas.

1. Generally Infested Area.
   1. Abbeville County. The entire county.
   2. Aiken County. The entire county.
   3. Anderson County. The entire county.
   4. Calhoun County. The entire county.
   5. Cherokee County. The entire county.
   6. Chester County. The entire county.
   7. Chesterfield County. The entire county.
   8. Darlington County. The entire county.
   9. Dillon County. The entire county.
   10. Fairfield County. The entire county.
   11. Florence County. The entire county.
   12. Greenville County. The entire county.
   13. Greenwood County. The entire county.
   14. Horry County. The entire county.
   15. Kershaw County. The entire county.
   16. Lancaster County. The entire county.
   17. Laurens county. The entire county.
   18. Lee County. The entire county.
   19. Lexington County. The entire county.
   20. Marion County. The entire county.
   21. Marlboro County. The entire county.
   22. McCormick County. The entire county.
   23. Newberry County. The entire county.
   24.  Oconee County. The entire county.
   25. Orangeburg County.
       That portion of Orangeburg County bounded by a line beginning at a point where the North Fork of the Edisto River junctions with the Orangeburg-Lexington County line; thence in a southeast direction along said river to its junction with U. S. Highway 301; thence east along said highway to its junction with U. S. Highway 176; thence in a northwesterly direction along said highway to its junction with the Orangeburg-Calhoun County line; thence in a southwesterly direction along Orangeburg-Lexington County line to the point of beginning.
   26. Pickens County. The entire county.
   27. Richland County. The entire county.
   28. Saluda County. The entire county.
   29. Spartanburg County. The entire county.
   30. Union County. The entire county.
   31. York County. The entire county.
2. Suppressive area. None

HISTORY: Amended by State Register Volume 8, Issue No. 5, eff May 25, 1984; State Register Volume 13, Issue No. 4, eff April 28, 1989; State Register Volume 16, Issue No. 3, eff March 27, 1992.

27–110. Other Regulated Areas.

The entire states of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, West Virginia, and the District of Colum- bia.

HISTORY: Restated with no changes in State Register Volume 16, Issue No. 3, eff March 27, 1992.

Statutory Authority: 1976 Code Chapter 9 of Title 46

Editors Note:

These revisions to the Imported Fire Ant Quarantine Regulations, superseding all previous revisions, became effective April 23, 1982.

27–120. Definitions.

1. ‘‘Certificate’’ means a document issued or authorized to be issued by an inspector to allow the movement of regulated articles to any destination.
2. ‘‘Compacted soil’’ means soil attached to equipment which cannot be removed by brisk brushing or washing with water, or both, under normal city water pressure.
3. ‘‘Compliance agreement’’ means a written agreement between an individual, or concern engaged in growing, dealing in, or moving regulated articles and the South Carolina Crop Pest Commission, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the imported fire ant.
4. ‘‘Exemptions’’ means conditions contained in a regulation supplemental hereto which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.
5. ‘‘Infestation’’ means the presence of the imported fire ant or the existence of circumstances that make it reasonable to believe that the imported fire ant is present.
6. ‘‘Inspector’’ means any authorized employee of the South Carolina State Crop Pest Commission or any other person authorized by the State Entomologist to enforce the provisions of the quarantine and regulation supplemental thereto.
7. ‘‘Mechanized soil-moving equipment’’ means mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.
8. ‘‘Permit’’ means a document issued or authorized to be issued by an inspector to allow the movement of noncertified regulated articles to a specified destination for particular handling, utiliza- tion or processing, or for treatment.
9. ‘‘Pest’’ means the insect known as the red imported fire ant (Solenopsis invicta Buren) in any stage of development.
10. ‘‘Regulated areas’’ mean any civil division and parts of civil divisions in the State of South Carolina listed in a regulation supplemental hereto.
11. ‘‘Regulated articles’’ mean those articles that require a certificate or permit year-around except as indicated.
12. ‘‘Suppressive areas’’ mean that part of the regulated area where eradication is undertaken as the objective of the program.
13. ‘‘Soil’’ means soil shall be considered as that part of the upper layer of earth in which plants can grow.

27–121. Regulated Articles.

1. The imported fire ant (Solenopsis invicta Buren) in any living stage of development.
2. Soil separately or with other things.
3. Plants with roots with soil attached.
4. Grass sod.
5. Hay and straw.
6. Used mechanized soil-moving equipment.
7. Any other products, articles, or means of conveyance of any character whatsoever, not covered by the above, when it is determined by a quarantineofficer of the Plant Pest Regulatory Service that they represent a hazard of spread of the imported fire ant and the person in possession thereof has been so notified.

27–122. Exemptions to Regulated Articles.

1. Soil samples of one pound or less which are packaged so that no soil will be spilled in transit and are consigned to laboratories operating under compliance agreement. Information as to approved laboratories may be obtained from an inspector.
2. Soil samples of any size collected and shipped to any U. S. Army Corps of Engineers soil laboratory.
3. Potting soil if commercially prepared, packaged, and shipped in original containers.
4. Hay and straw if used for packing or bedding.
5. Used mechanized soil-moving equipment if cleaned of all loose, noncompacted soil and not exposed to infestation after cleaning or other prescribed handling.
6. Transplants if substantially free of soil, and houseplants grown in the home and not for sale.

27–123. Conditions Governing the Movement of Regulated Articles.

1. Certificate or Permit Required.
   A certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. Regulated articles originating outside of a regulated area may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles provided, in the case of articles moved through a regulated area, the regulated articles are protected from infestation, while within regulated areas, to the satisfaction of an inspector.
2. Attachment of Certificates or Permits.
   When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate or permit is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
3. Issuance of Certificates.
   Certificates may be issued by an inspector if the regulated articles:
   
   1. Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area;
   2. Upon examination, have been found to be free of infestation;
   3. Have been treated to destroy infestation in accordance with approved procedures;
   4. Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.
4. Issuance of Permits.
   Any other products, articles, or means of conveyance of any character whatsoever, not covered
   Permits may be issued by an inspector to allow the movement of noncertified regulated articles to locations outside of the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided the inspector has determined that such movement will not result in the spread of the imported fire ant.
5. AdditionalRequirements.
   All other applicable State and Federal domestic plant quarantines must be met.

27–124. Movement of Regulated Articles.

There are no restrictions imposed on the movement of regulated articles within regulated areas unless the articles originate on infested properties and an inspector has determined that a hazard of spread exists and the property owner has been so notified. A property owner so notified may move the specified regulated articles within the regulated area only under conditions approved by an inspector.

27–125. Disposition of Certificates and Permits.

In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

27–126. Movement for Scientific Purposes.

Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a permit is securely attached to the container of such articles or to the article itself.

27–127. Compliance Agreement.

As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating that he will maintain such safeguards against the establishment and spread of infestation and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.

27–128. Inspection and Disposal.

Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such means of conveyance or articles are infested with the imported fire ant; and, such inspector is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these regulations.

27–129. Waiver of Liability.

The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.

27–130. Penalties.

Under provisions of the Act creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by law.

27–131. Regulated Areas.

1. Generally Infested Areas. The Entire State.

HISTORY: Amended by State Register Volume 7, Issue No. 5, eff May 27, 1983; State Register Volume 8, Issue No. 10, eff October 26, 1984; State Register Volume 9, Issue No. 10, eff October 25, 1985; State Register Volume 10, Issue No. 10, eff October 24, 1986; State Register Volume 14, Issue No. 1, eff January 12, 1990; State Register Volume 15, Issue No. 4, eff April 26, 1991; State Register Volume 18, Issue No. 6, eff June 24, 1994; State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997; State Register Volume 30, Issue No. 6, eff June 23, 2006.

27–135. Designation of Plant Pests.

1. The Commission hereby delegates to the Director the authority to determine and implement appropriate measures to eradicate, control, or slow the spread of plant pests in South Carolina. This authority extends to a decision that a plant pest has become so widespread that the initiation or continuation of control measures would be ineffective.
2. An advisory committee made up of at least 5 members will meet at least annually to review and make recommendations on the official listing of plant pests in SC. The committee members will be: the State Plant Regulatory Official for South Carolina (or designee), the USDA State Plant Health Director for South Carolina (or designee), a Clemson University Cooperative Extension Service Representative, and at least 2 at large representatives from other stakeholder agencies, such as the SC Department of Natural Resources, the SC Forestry Commission, or the SC Department of Agriculture. At large members shall be nominated and voted on by the advisory committee at its annual meeting. Additional at large members may be nominated and voted in at the annual advisory committee meeting. At large members from stakeholder agencies shall each serve a three-year term.
3. The official listing of plant pests in SC shall be maintained and made publicly available on Clemson’s website located at: www.clemson.edu/invasives.

HISTORY: Added by State Register Volume 20, Issue No. 6, Part 1, eff June 28, 1996. Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 29, Issue No. 6, eff June 24, 2005; State Register Volume 39, Issue No. 6, Doc. No. 4490, eff June 26, 2015.

27–150. [Regulations Promulgated.]

1. All persons desiring to sell, barter, or give away sweet potatoes for seed purposes or who expect to bed sweet potatoes for the purpose of selling plants must have at least three inspections by the South Carolina State Crop Pest Commission and a certificate stating that they were found apparently free from the sweet potato weevil (Cylas formicarius Oliv.), black rot, stem rot and other especially injurious insects and diseases of the sweet potato.
   
   1. First Inspection: The first inspection shall be made while the crop is in the field, preferably the latter part of August and during September. During this inspection especial attention is given to stem rot or wilt.
   2. Second Inspection: The second inspection is made sometime during storage. During this inspection especial attention is given to black rot.
   3. Third Inspection: This is an inspection of the beds and is soon after the plants come up. Other inspections may be made when in the judgment of the Commission it is deemed necessary.
2. Growers will be required to treat seed potatoes prior to bedding and to bed in soil that has been properly treated. Recommended treatment procedures may be obtained from members of the Commission, from county agents or any qualified agricultural official.
3. Sweet potatoes for seed purposes or sweet potato plants shipped within or out of the state of South Carolina must be accompanied by a sweet potato permit of the South Carolina State Crop Pest Commission. This permit is issued at cost after all requirements of these regulations are met. Any grower desiring to ship sweet potato plants out of the state of South Carolina should notify this Commission so that a duplicate copy of his sweet potato certificate might be filed with the state concerned.
4. Sweet potatoes for seed purposes or sweet potato plants may be shipped into the state of South Carolina only after a certificate of inspection has been filed with the South Carolina State Crop Pest Commission by the state concerned and each shipment accompanied by a permit issued by the state concerned.
5. All persons, firms or corporations desiring to have their premises inspected for permit to transport sweet potatoes or sweet potato plants for propagating purposes shall make application before August 1, of each year. Applications received after the above date will not be acted upon until the first inspection is due again the following year. Persons planning to buy seed sweet potatoes from other sources in order to bed and sell plants must purchase these potatoes from inspected growers in order to qualify for a permit. A list of these growers may be obtained from the South Carolina State Crop Pest Commission, Clemson, South Carolina, upon request.

27–160. Plant Nursery Regulations.

1. Definitions
   
   1. Application: The process of notifying the Department of Plant Industry that certification is needed and fulfilling all other Department requirements associated therewith.
   2. Certification: The successful completion of the Application, Inspection, and Registration processes by the Nursery Grower or Nursery Dealer as required by the Department in order to obtain a Nursery Grower or Nursery Dealer Certificate.
   3. Department: The Department of Plant Industry (DPI).
   4. Director: The Director, Regulatory and Public Service Programs, Clemson University.
   5. Greenhouse: A building, room, or area, where the temperature and/or climate is maintained and is used for growing, propagating and/or maintaining nursery stock for sale.
   6. Infestation: The presence of any plant pests which is regarded as injurious or noxious.
   7. Inspector: Any authorized employee or agent of the State Crop Pest Commission or any other person authorized by the Director to enforce the provisions of these regulations.
   8. Inspection: The physical observation by the Department of Plant Industry to verify freedom of plant pests, condition of general environment, and compliance with all relevant State and Federal regulations and/or laws.
   9. Location: Any place where nursery stock is grown, collected or distributed.
   10. Nursery: Any place where nursery stock is either grown for sale or distributed.
   11. Nursery Certificate Tag: A document issued by the Department which accompanies individu- al shipments of Nursery Stock and declares apparent freedom from major plant pests and compliance with all relevant state and federal quarantines.
   12. Nursery Grower: Any person who grows Nursery Stock for sale or distribution.
   13. Nursery Grower Certificate: A document issued by the Department or the equivalent agency of another state, declaring that the Nursery Stock grown for sale or distribution and the Person named on the document have met all requirements of the Nursery Grower Certification Process.
   14. Nursery Grower Hobbyist: Any Nursery Grower who has less than $5,000 in gross annual sales. Hobbyists are exempt from registration fees.
   15. (15) Nursery Dealer: Any person not a Nursery Grower who buys Nursery Stock for resale and any Nurseryman who operates a sales lot separately from his nursery.
   16. Nursery Dealer Certificate: A document issued by the Department, or the equivalent agency of another state, declaring that the Nursery Stock being sold and the Person named on the document have met all requirements of the Nursery Dealer Certification Process.
   17. Nursery Dealer Hobbyist: Any Nursery Dealer having less than $10,000 in gross annual sales. Hobbyists are exempt from registration fees.
   18. Nurseryman: Any Person engaged in the production or collection of nursery stock for sale or distribution.
   19. Nursery Stock: All trees (fruit, nut, shade and ornamental), ornamental plants, turfgrass, bush fruits, buds, grafts, scions, vines, roots, bulbs, seedlings, slips, tissue culture or other portions of plants (excluding true seeds) grown, collected or kept for propagation, sale or distribution. Also includes any other plant or plant part included by the Director, if regulating its movement is necessary to control any plant pest.
   20. Person: Individual, firm, corporation, partnership, association, state and federal agencies, schools, groups, or organizations.
   21. Plant Pest: Any living stage of insects, mites, nematodes, slugs, animals, protozoa, snails or other invertebrate animals, bacteria, weeds, fungi, other parasite plants or their reproductive parts, or viruses, or organisms similar to or allied with the foregoing, including genetically engineered organisms or infectious substances which directly or indirectly may injure or cause disease or damage in plants or their parts or processed, manufactured, or other products of plants, and which may be a serious agricultural threat to the State, as determined by the Director.
   22. Quarantine: Limitations by the Department on the free movement of plant pests, animals, plants, equipment, machinery, goods, genetically engineered organisms, or means of transportation, or all of the foregoing, considered by the Department to be reasonably necessary to prevent the spread of a plant pest.
   23. Registration: The determination of the regulated fee schedule category and the collection of applicable fees by the Department.
   24. Turfgrass: The top layer of earth comprised of grass leaf blades, stolons, thatch, and roots
       grown for commercial harvesting and sale as sod, sprigs, or any other part thereof, excluding seed.

HISTORY: Added by State Register Volume 18, Issue No. 6, eff June 24, 1994. Amended by State Register Volume 41, Issue No. 5, Doc. No. 4655, eff May 26, 2017; SCSR 42–5 Doc. No. 4808, eff May 25, 2018.

27–161. Nursery Grower Certification Process.

Nursery Grower Certificates are required for all Nurseries defined as Nursery Growers. The Nursery Grower Certification Process requires successful completion of the Application, Inspection, and Registration sections below for all Nursery Growers.

1. Application
   To obtain a Nursery Grower Certificate, application must first be made to the Department. First time and expired Nursery Growers requesting a Nursery Grower Certificate must notify the Department for Application information. Nurseries with a current Nursery Grower Certificate will automatically receive renewal information from the Department annually.
2. Inspection
   All applicants in South Carolina must be inspected at least annually by the Department. Inspection must reveal that the Nursery possesses acceptable environmental conditions and that the Nursery Stock is sufficiently free from Plant Pests as determined by the Inspector. All inspections, announced or otherwise, shall be performed to ensure compliance with these regulations and all other applicable state and federal regulations and laws. Should the Nursery Stock not be made available for annual inspection or if the inspection reveals unacceptable environmental conditions and/or Plant Pests at an unacceptable level, the Nursery Grower Certificate may be revoked until the situation is corrected per the guidelines of the Department.
3. Registration
   All Nursery Growers in South Carolina are subject to Registration and applicable fees by the Department unless exempt elsewhere in this regulation. Nursery Grower registration fees shall be on a graduated scale. All Nursery Grower Certificates expire annually. If Nursery Stock is grown at more than one location by the same Nursery Grower, the fees shall be based upon the nursery’s aggregate number of acres and/or greenhouse square footage in production of the nursery. In cases where the Nursery consists of a combination of greenhouses, turfgrass, and other nursery stock acreage, a single license fee must be assessed at the higher rate of the three categories.
   The following annual Nursery Grower Registration fee schedule is in effect:
   
   1. (1) Nursery stock (except turfgrass) with a production acreage of 10 or less; greenhouses with less than 6,000 square feet; or a turfgrass production acreage of 250 or less shall be $75.00.
   2. (2) Nursery stock (except turfgrass) with a production acreage of 11 to 25; greenhouses with 6,000 to 30,000 square feet; or a turfgrass production acreage of 251 to 500 shall be $125.00.
   3. (3) Nursery stock (except turfgrass) with a production acreage of 25 or more; greenhouses with more than 30,000 square feet; or a turfgrass production acreage of 501 or more shall be $200.00.

Nursery Growers who produce transplants or seedlings grown solely for the purpose of being distributed for production of agricultural commodities must complete Registration with the Depart- ment but are exempt from nursery registration fees. If Nursery Stock is grown in conjunction with the aforementioned category of plants, the Nursery will remain subject to the fee schedule of this section.

Nursery Grower Hobbyists are required to produce sales records to the Department upon request and will remain subject to all other requirements of this section.

The Forestry Commission and governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are exempt from the fees required by registration, but will remain subject to all other requirements of this section. All persons selling cut Christmas trees from November to January who are not otherwise required to adhere to this section are exempt from the requirements of this section.

HISTORY: Added by State Register Volume 41, Issue No. 5, Doc. No. 4655, eff May 26, 2017. Amended by SCSR 42–5 Doc. No. 4808, eff May 25, 2018.

27–162. Nursery Dealer Certification Process.

Nursery Dealer Certificates are required for all Nurseries defined as Nursery Dealers. The Nursery Dealer Certification Process requires successful completion of the Application, Inspection, and Regis- tration sections below for all Nursery Dealers.

1. Application
   To obtain a Nursery Dealer Certificate, application must first be made to the Department. The Nursery Dealer Certificate application requires a list of all nursery stock sources and all South Carolina sales locations. A separate Nursery Dealer Certificate is required for each sales location. Nursery Stock Sources must be verified by the Department as being certified/licensed nurseries or dealers in their state of origin. All Nursery Dealers with a current Nursery Dealer Certificate will automatically receive renewal information from the Department annually.
2. Inspection
   Inspections for Nursery Dealers holding a Nursery Dealer Certificate in South Carolina will be conducted, announced or otherwise, as deemed necessary by the Department. Inspection must reveal that the Nursery Dealer possesses acceptable environmental conditions and the Nursery Stock is sufficiently free from Plant Pests as determined by the Inspector. All inspections shall be performed to ensure compliance with these regulations and all other applicable state and federal regulations and laws. Should the nursery stock not be made available for inspection or if the inspection reveals unacceptable environmental conditions and/or Plant Pests at an unacceptable level, the Nursery Dealer Certificate may be revoked until the situation is corrected per the guidelines of the Department.
3. Registration
   All Nursery Dealers in South Carolina are subject to Registration and applicable fees by the Department unless exempt elsewhere in this regulation. Nursery Dealer registration fees shall be on a graduated scale and Nursery Dealer Certificates expire annually. If Nursery Stock is sold at more than one location by the same Nursery Dealer, applicable Registration fees shall apply per location. Nursery Dealers must produce sales records to the Department upon request.
   The following annual Nursery Dealer Registration fee schedule is in effect:
   
   1. Nursery Dealer locations for which annual gross sales equal $10,000.00 or less shall pay $0.00.
   2. Nursery Dealer locations for which annual gross sales are between $10,001.00 and $100,000.00 shall pay $50.00.
   3. Nursery Dealer locations for which annual gross sales are over $100,000.00 shall pay $100.00.

Nursery Dealer Hobbyists are exempt from Registration fees, but are still subject to all other parts of this Regulation.

HISTORY: Added by State Register Volume 41, Issue No. 5, Doc. No. 4655, eff May 26, 2017. Amended by SCSR 42–5 Doc. No. 4808, eff May 25, 2018.

27–163. Nursery Stock Shipment.

Nursery Stock shipment to and from Nursery Growers and Nursery Dealers in South Carolina must adhere to all requirements of this section. Nursery Certificate Tags, whether self-printed by the Nursery or pre-printed by the Department, must meet Department standards for issuance and use. Nurseries must have a current Nursery Grower Certificate or Nursery Dealer Certificate and meet the requirements of these regulations and all other applicable state and federal regulations and laws, as determined by the Department, before applying for Nursery Certificate Tags.

1. Nursery Certificate Tags Request
   Nursery Grower and Nursery Dealer shipments of Nursery Stock must have attached a Nursery Certificate Tag. Requests for Nursery Certificate Tags must be made to the Department.
2. Nursery Certificate Tags Usage
   A current Nursery Certificate Tag approved by the Department must accompany appropriate shipments of Nursery Stock. The usage of Nursery Certificate Tags for the shipment of Nursery Stock not meeting the requirements of this section is in violation of this section.
3. Nursery Certificate Tags Acquisition and Cost
   Successful completion of the Certification Process and payment of applicable fees is required prior to any Nursery Certificate Tag issuance and/or use. The Department provides two options for obtaining Nursery Certificate Tags:
   1. Department-printing on a cost-reimbursement basis can be requested by the Nurseryman. Upon request, Nursery Certificate Tags will be printed by the Department and shipped to the Nurseryman. A price list may be obtained from the Department upon request.
   2. Self-printing of Nursery Certificate Tags may be approved upon written request to the Department and all costs associated with will be at the expense of the Nursery Grower or Nursery Dealer. Prior to approval of self-printing, Department requirements regarding language and symbol use, and size of tags used must be met.
4. Out of State Nursery Growers and Nursery Dealers
   1. Nursery Growers and Nursery Dealers with all locations occurring outside of South Carolina shall not be required to attach a Department-issued Nursery Certificate Tag to shipments coming into this State, nor to file duplicate invoices of such shipment (except Prunus spp. - see below) nor to pay a Registration fee, provided like privileges are accorded South Carolina nurserymen when making shipments into other states.
   2. Each vehicle, package, box, bundle or container of nursery stock originating outside of South Carolina and being moved into South Carolina for customer delivery or for resale must have attached to it a valid Nursery Certificate Tag from the state or country of origin stating in effect that the nursery stock being moved has been inspected and certified by an authorized official as apparently free of Plant Pests. Any shipment of nursery stock entering South Carolina not accompanied by such a Nursery Certificate Tag shall be declared a public nuisance and may be returned to the shipper, treated, destroyed or otherwise disposed of by the Department. Any plants moving from outside of South Carolina, whether or not accompanied by a Nursery Certificate Tag, found infested with Plant Pests shall be declared a public nuisance and may be returned to the shipper, treated, destroyed or otherwise disposed of to the satisfaction of the Department.
   3. Nurseries growing peach, nectarine, or other Prunus spp. Nursery Stock for shipment to commercial growers in South Carolina must, in addition to being certified apparently free of insects and diseases in their state or country of origin, also file or mail an invoice to the Department at the time of shipment showing the following information: (1) name and address of shipper, (2) producer of stock, if different from shipper, (3) date of shipment, (4) name and address of purchaser, and (5) name and address of receiver, if different from purchaser.

HISTORY: Added by State Register Volume 41, Issue No. 5, Doc. No. 4655, eff May 26, 2017. Amended by SCSR 42–5 Doc. No. 4808, eff May 25, 2018.

27–164. Penalties.

Any person who violates the provisions of these regulations shall become subject to a stop sale, use, or distribution order pursuant to 46–33–100.

HISTORY: Added by State Register Volume 41, Issue No. 5, Doc. No. 4655, eff May 26, 2017. Amended by SCSR 42–5 Doc. No. 4808, eff May 25, 2018.