S.C. Code Regs. § § 61-36.II

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-36.II - ADULTERATED OR MISBRANDED MANUFACTURED GRADE DAIRY PRODUCTS

A. No PERSON within South Carolina, or its jurisdiction, shall produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell, any MANUFACTURED GRADE DAIRY PRODUCT that is ADULTERATED or misbranded. Any MANUFACTURED GRADE DAIRY PRODUCT that may contain any unwholesome substance, or that does not conform with an applicable standard of identity or other requirement under Section I for that particular MANUFACTURED GRADE DAIRY PRODUCT, shall be deemed ADULTERATED and/or misbranded.

B. The DEPARTMENT issues PERMITS for the manufacturing of ALCOHOL INFUSED FROZEN DESSERTS. The DEPARTMENT does not regulate the distribution or sale of ALCOHOL INFUSED FROZEN DESSERTS. Compliance with DEPARTMENT requirements under this regulation does not exempt PERSONS engaged in the production, distribution, or sale of ALCOHOL INFUSED FROZEN DESSERTS from any other applicable LAWS governing the sale or distribution of alcoholic products.

C. The DEPARTMENT may place a hold order on a MANUFACTURED GRADE DAIRY PRODUCT that it determines or has reason to believe:

1. Originated from an un APPROVED source;

2. May be unsafe, unwholesome, ADULTERATED, misbranded, or not honestly presented;

3. Is not labeled according to LAW; or

4. Is otherwise not in compliance with this regulation.

D. The DEPARTMENT may suspend a PERSON's PERMIT for violating a hold order.

E. The DEPARTMENT may impound, condemn, forbid the sale of, or cause to be removed or destroyed, any FOOD that is determined to be in violation of this regulation, unwholesome, contaminated, ADULTERATED, misbranded, or from an un APPROVED source.

F. The DEPARTMENT may issue a hold order to a PERMIT HOLDER or to a PERSON who owns or controls the FOOD, as specified above, without prior warning, notice of a hearing, or a hearing on the hold order.

G. The DEPARTMENT may examine MANUFACTURED GRADE DAIRY PRODUCTS as often as necessary to determine freedom from ADULTERATION or misbranding. Under a hold order, MANUFACTURED GRADE DAIRY PRODUCTS shall be suitably stored. It shall be unlawful for any PERSON to remove or alter a hold order, notice, or tag placed on MANUFACTURED GRADE DAIRY PRODUCTS by the DEPARTMENT, and neither such MANUFACTURED GRADE DAIRY PRODUCTS nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the DEPARTMENT, except on order by a court of competent jurisdiction.

H. Whenever MANUFACTURED GRADE DAIRY PRODUCTS are ADULTERATED by DRUGS, pesticides, herbicides, or other poisonous substances, the PERSON or entity in possession of the product shall remove the product from the market, dispose of the product, and stop sale of the product until analysis provides the product to be free from ADULTERATION.

S.C. Code Regs. § 61-36.II

Replaced and amended by State Register Volume 44, Issue No. 06, eff. 6/26/2020.