§ 46-49-10 Definitions
§ 46-49-20 Products covered by chapter
§ 46-49-40 Authority of Department of Agriculture to hold hearings to investigate matters affecting dairy industry; additional powers
§ 46-49-60 Issuance of licenses by Department of Agriculture; suspension or revocation of licenses; monetary penalties
§ 46-49-70 Violations and penalties
§ 46-49-80 Liability of all persons participating in violation or using misrepresentation, threat, intimidation, or boycott to effectuate commission of violation
§ 46-49-90 Promulgation of regulations by Department of Agriculture

Terms Used In South Carolina Code > Title 46 > Chapter 49

  • Board: means the State Board of Health and Environmental Control. See South Carolina Code 44-7-130
  • Community residential care facility: means a facility which offers room and board and provides a degree of personal assistance for two or more persons eighteen years old or older. See South Carolina Code 44-7-130
  • 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.
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 44-7-130
  • Department: means the South Carolina Department of Agriculture. See South Carolina Code 46-49-10
  • Dependent: A person dependent for support upon another.
  • 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
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facilities wherein abortions are performed: means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month. See South Carolina Code 44-7-130
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Freestanding or mobile technology: means medical equipment owned or operated by a person other than a health care facility for which the total cost is in excess of that prescribed by regulation and for which specific standards or criteria are prescribed in the State Health Plan. See South Carolina Code 44-7-130
  • Hospital: means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy. See South Carolina Code 44-7-130
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Milk: means the clean lacteal secretion obtained by the complete milking of one or more healthy cows, including milk cooled, pasteurized, standardized, or otherwise processed with a view of selling it as fluid milk, cream, skimmed milk, cultured milk, or as another fluid milk product. See South Carolina Code 46-49-10
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nursing home: means a facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing intermediate or skilled nursing care for persons who are not in need of hospital care. See South Carolina Code 44-7-130
  • Oath: A promise to tell the truth.
  • 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.
  • Person: means an individual, a trust or estate, a partnership, a corporation including an association, joint stock company, insurance company, and a health maintenance organization, a health care facility, a state, a political subdivision, or an instrumentality including a municipal corporation of a state, or any legal entity recognized by the State. See South Carolina Code 44-7-130
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Producer: means a person, whether or not the person also is a distributor or member or a producer association who produces milk for sale as fluid milk in the State. See South Carolina Code 46-49-10
  • Producer association or association of producers: means a cooperative association of producers incorporated and existing under the cooperative laws of South Carolina or an association incorporated and existing under similar laws of another state, which is authorized to do business in South Carolina and which the board determines to have full authority for the sales of milk and dairy products of its members. 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.