(A) Except as provided in this section, when an aquacultured product is exchanged for a commercial purpose between persons, an invoice or receipt is required showing the date, producer, origin, destination, permit, registration, and license numbers as appropriate, species name, product, and quantity exchanged.

(B) When an aquacultured product is offered for sale, a corresponding invoice for that product must be available for inspection and maintained at the place of business where the product is offered for sale.

Terms Used In South Carolina Code 50-18-265

  • Aquaculture: means controlled cultivation of an aquatic species in confinement. See South Carolina Code 50-18-210
  • Aquacultured product: means any living or nonliving form, part, or portion of an aquatic species spawned, raised, or produced by means of aquaculture, including an egg or offspring thereof. See South Carolina Code 50-18-210
  • Commercial purpose: means the culture, processing, purchase, sale, transfer, exchange, or the offer or exposure for sale, transfer, or exchange of a product, or engaging in aquaculture or aquaculture business in order to derive income or other consideration. See South Carolina Code 50-18-210
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Person: means an individual, firm, corporation, association, partnership, club, private body, or other entity. See South Carolina Code 50-18-210

(C) When an aquacultured product is shipped, a bill of lading is required showing the date, producer, origin, shipper, destination, permit, registration, and license numbers as appropriate, species name, product, and quantity shipped. Shippers must have the bills of lading in their possession while transporting any product. In accepting a shipment of aquacultured product, a shipper agrees to inspection by the department.

(D) Persons involved in aquaculture commerce must maintain all invoices, receipts, and bills of lading required under this section for three years.

(E) A person permitted, registered, or licensed under this chapter must keep accurate records and may be required to provide accurate information and reports to the department.

(F) The documentation, recordkeeping, and reporting provisions of this section are not obligations on the consumer.

(G) A person who violates this section is guilty of a misdemeanor and, upon conviction, the person must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days for each violation, and the department must suspend the permit, registration, or license under which the report or recordkeeping is required until accurate and complete reports are submitted to the department. Each delinquent or inaccurate report must be handled as a separate offense.