(A) A person who violates § 47-17-60, 47-17-70, 47-17-80, or 47-17-120 is guilty of a misdemeanor and, upon conviction, must be punished in accordance with § 47-4-130; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, such person shall be fined not more than ten thousand dollars or imprisoned not more than three years, or both. When construing or enforcing the provision of such sections, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association as well as of such person.

(B) When construing or enforcing this article, the act, omission, or failure of a person acting for or employed by an individual, a partnership, a corporation, an association, or other business unit, within the scope of his employment or office, is deemed the act, omission, or failure of the individual, partnership, corporation, association, or other business unit, as well as of the person.

Terms Used In South Carolina Code 47-17-100

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

(C) No carrier or warehouseman is subject to the penalties of this article, other than the penalties for violation of § 47-17-80, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier or warehouseman, of livestock carcasses or their parts, meat food products, or meat by-products owned by another person unless the carrier or warehouseman has knowledge, or is in possession of facts which would cause a reasonable person to believe, that the articles were not inspected or marked in accordance with this article or were not otherwise in compliance with this article.