South Carolina § 46-9-40 Authority to promulgate and enforce regulations; other powers of commission.

South Carolina Statutes

§ 46-9-40 — Authority to promulgate and enforce regulations; other powers of commission.

South Carolina § 46-9-40

Title 46AGRICULTURE

Ch. 9STATE CROP PEST COMMISSION

This text of South Carolina § 46-9-40 (Authority to promulgate and enforce regulations; other powers of commission.) 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. § 46-9-40 (2026).

Text

The commission, in accordance with the Administrative Procedures Act, may promulgate and enforce reasonable regulations as in the judgment of the commission may be necessary to eradicate or prevent the introduction, spread, or dissemination of plant pests, including genetically engineered plants or plant pest organisms, and prevent fraud or misrepresentation in the sale and dissemination of fruit trees, nut trees, shade and ornamental trees, vines, shrubs, plants, bulbs, and roots for propagation purposes. The commission may regulate or prohibit the shipment within, or the importation into, this State of plants, farm products, or other articles of any nature or character from a state, territory, or foreign country when, in the opinion of the commission, the regulation or prohibition is nec

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The commission, in accordance with the Administrative Procedures Act, may promulgate and enforce reasonable regulations as in the judgment of the commission may be necessary to eradicate or prevent the introduction, spread, or dissemination of plant pests, including genetically engineered plants or plant pest organisms, and prevent fraud or misrepresentation in the sale and dissemination of fruit trees, nut trees, shade and ornamental trees, vines, shrubs, plants, bulbs, and roots for propagation purposes. The commission may regulate or prohibit the shipment within, or the importation into, this State of plants, farm products, or other articles of any nature or character from a state, territory, or foreign country when, in the opinion of the commission, the regulation or prohibition is necessary to prevent the introduction or dissemination of plant pests. The commission may carry out operations, including quarantines or measures to locate, suppress, control, or eradicate or to prevent or retard the spread of plant pests, independently or in cooperation with counties or their political subdivisions, municipalities, farmers' associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means.

Legislative History

HISTORY: 1962 Code SECTION 3-104; 1952 Code SECTION 3-104; 1942 Code SECTION 3257; 1932 Code SECTION 3257; Civ. C. '22 SECTION 963; Civ. C. '12 SECTION 876; Civ. C. '02 SECTION 742; 1901 (23) 703; 1903 (24) 22; 1912 (27) 748; 1922 (32) 975; 1992 Act No. 389, SECTION 1, eff May 15, 1992.