S.C. Code Ann. § 39-25-180 – Promulgation of regulations; hearings; adoption of Federal regulations

(a) The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the Commissioner. The Commissioner is hereby authorized to make the regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the Federal act.
(b) Hearings authorized or required by this chapter shall be conducted by the Commissioner or such officer, agent, or employee as the Commissioner may designate for the purpose.
(c) All pesticide chemical regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act are the pesticide chemical regulations in this State. However, the Commissioner may adopt a regulation which prescribes tolerances for pesticides in finished foods in this State whether or not in accordance with regulations promulgated under the Federal act.
(d) All food additive regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act are the food additive regulations in this State. However, the Commissioner may adopt a regulation which prescribes conditions under which a food additive may be used in this State whether or not in accordance with regulations promulgated under the Federal act.
(e) All color additive regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act are the color additive regulations in this State. However, the Commissioner may adopt a regulation which prescribes conditions under which a color additive may be used in this State whether or not in accordance with regulations promulgated under the Federal act.
(f) All special dietary use regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act are the special dietary use regulations in this State. However, the Commissioner may, if he finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations whether or not in accordance with regulations promulgated under the Federal act.
(g) All regulations and their amendments now or hereafter adopted under the Fair Packaging and Labeling Act shall be the regulations in this State. However, the Commissioner may, if he finds it necessary in the interest of consumers, prescribe packaging and labeling regulations for consumer commodities, whether or not in accordance with regulations promulgated under the Federal act; provided, that no such regulations shall be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to section 4 of the Fair Packaging and Labeling Act and the regulations promulgated thereunder.
(h) A Federal regulation automatically adopted pursuant to this chapter takes effect in this State on the date it becomes effective as a Federal regulation. The Commissioner shall publish all other proposed regulations in the official State newspaper or publication prescribed by the Commissioner. A person who may be adversely affected by a regulation may, within thirty days after a Federal regulation is automatically adopted, or within thirty days after publication of any other regulation, file objections with the Commissioner, in writing, and a request for a hearing. The timely filing of substantial objections to a Federal regulation automatically adopted stays the effect of the regulation in the State of South Carolina.
If no substantial objections are received and no hearing is requested within thirty days after publication of a proposed regulation, it shall take effect on a date set by the Commissioner. The effective date shall be at least sixty days after the time for filing objections has expired.
If timely substantial objections are made to a Federal regulation within thirty days after it is automatically adopted or to a proposed regulation within thirty days after it is published, the Commissioner, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The Commissioner shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a Federal regulation, it may reinstate, rescind or modify it. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least sixty days after publication of the order.