South Carolina § 46-1-70 Factors or commission merchants failing to account for produce.

South Carolina Statutes

§ 46-1-70 — Factors or commission merchants failing to account for produce.

South Carolina § 46-1-70

Title 46AGRICULTURE

Ch. 1GENERAL PROVISIONS; OFFENSES

This text of South Carolina § 46-1-70 (Factors or commission merchants failing to account for produce.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 46-1-70 (2026).

Text

(A)It is unlawful for a factor or commission merchant to receive from a planter cotton, rice, or other agricultural produce for sale and:

(1)sell the produce and fail to pay over the net proceeds to the planter on demand;

(2)apply the produce to his own use and benefit; or (3) fail to account for the produce in a satisfactory manner if unsold.

(B)A person who violates the provisions of this section is guilty of a:

(1)felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is ten thousand dollars or more;

(2)felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than two

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(A) It is unlawful for a factor or commission merchant to receive from a planter cotton, rice, or other agricultural produce for sale and: (1) sell the produce and fail to pay over the net proceeds to the planter on demand; (2) apply the produce to his own use and benefit; or (3) fail to account for the produce in a satisfactory manner if unsold. (B) A person who violates the provisions of this section is guilty of a: (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is ten thousand dollars or more; (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than two thousand dollars but less than ten thousand dollars; (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the sale amount of the commodities is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.

Legislative History

HISTORY: 1962 Code SECTION 3-50; 1952 Code SECTION 3-50; 1942 Code SECTION 1283; 1932 Code SECTION 1283; Cr. C. '22 SECTION 178; Cr. C. '12 SECTION 458; Cr. C. '02 SECTION 345; G. S. 2522; R. S. 284; 1877 (16) 250; 1993 Act No. 184, SECTION 125, eff January 1, 1994; 2010 Act No. 273, SECTION 16.F.F, eff June 2, 2010.