South Carolina Statutes
§ 46-21-465 — Preliminary hearing.
Prosecutions for violations of Articles 1, 3, 5, or 7 of this chapter, if the evidence of violations is based on tests or analyses, must be instituted as follows: When the Commissioner of Agriculture finds that the articles have been violated, as shown by test examination or analysis, he shall give notice to the person in possession of the seed, designating a time and place for a hearing. This hearing must be private, and the person involved shall have the right to introduce evidence, either in person, by agent or attorney. If, after the hearing, or without the hearing in case the person fails or refuses to appear, the Commissioner decides that the evidence warrants prosecution, he shall proceed as provided in Section 46-21-455.
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Legislative History
HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code SECTION 5806-85; 1952 Code SECTION 3-436; 1962 Code SECTION 3-436; 1976 Code SECTION 46-21-460; 2010 Act No. 238, SECTION 5, eff. upon approval (became law without the Governor's signature on June 8, 2010).
Nearby Sections
15
§ 46-21-15
Definitions.§ 46-21-217
Compliance required.§ 46-21-315
Examination and testing of seeds.§ 46-21-325
Records; inspections.§ 46-21-35
Seed laboratory.§ 46-21-415
Withdrawal of impure seed.§ 46-21-435
Procedure for seizure of noncomplying seeds.§ 46-21-445
Penalty.