A distributor shall not engage, either directly or indirectly, in doing business in any market until he has applied for and obtained a license from the department. A store is not required to make application for a license but is considered to be a de facto licensee as required in this chapter. The department may classify licensees and may issue licenses to distributors to produce, receive, process, manufacture, or sell any of the products covered by this chapter in any particular market.

The department may decline to grant a license or may suspend or revoke a license already granted upon due notice and after a hearing before the department whenever the applicant or licensee has violated regulations issued by the Department of Health and Environmental Control, or any provisions of this chapter.

Terms Used In South Carolina Code 46-49-60

  • Department: means the South Carolina Department of Agriculture. See South Carolina Code 46-49-10
  • Distributor: means one or more of the persons listed in this item wherever located or operating, within or without South Carolina, doing business and engaged in receiving, producing, processing, manufacturing, subdistributing, distributing, marketing, or handling one or more of the products covered by this chapter and offering the products for sale in this State. See South Carolina Code 46-49-10
  • Doing business: means the engaging in or the transaction of activity in this State for financial profit or gain. See South Carolina Code 46-49-10
  • Licensee: means a person required to obtain a license by this chapter and who is a de facto licensee under this chapter. See South Carolina Code 46-49-10
  • Market: means a county or group of counties within this State, including the State as a whole. See South Carolina Code 46-49-10
  • Store: means an establishment which purchases or otherwise acquires in processed and packaged form one or more of the products covered by this chapter for use or resale for human consumption. See South Carolina Code 46-49-10

The department may, in lieu of license suspensions, invoke a penalty of not less than fifty dollars nor more than five thousand dollars. All receipts from the penalties must be paid by the department to the State Treasurer.

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