S.C. Code Ann. § 47-19-60 – Information required on containers and carcasses; styles and sizes of type; definitions and standards; false or misleading marking or labeling | Midpage
§ 47-19-60
S.C. Code Ann. § 47-19-60
Information required on containers and carcasses; styles and sizes of type; definitions and standards; false or misleading marking or labeling
(a) All poultry products inspected at any official establishment under the authority of this chapter and found to be not adulterated shall, at the time they leave the establishment, bear in distinctly legible form on their shipping containers and immediate containers, as the director may require, the information required by this chapter. In addition, the director, whenever he determines such action is practicable and necessary for the protection of the public, may require nonconsumer-packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under this chapter.
(b) The director, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking or otherwise labeling any articles or poultry subject to this chapter; (2) definitions and standards of identity or composition for articles subject to this chapter and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug and Cosmetic Act, or under the Federal Poultry Products Inspection Act, and there shall be consultation between the director and the Secretary of Agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the Federal standards.
(c) No article subject to this chapter shall be sold or offered for sale by any person in intrastate commerce, under any name or other marking or labeling which is false or misleading or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the director are permitted.
(d) If the director has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the director, such person may request a hearing, but the use of the marking, labeling or container shall, if the director so directs, be withheld pending hearing and final determination by the director. Any such determination by the director shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the court of common pleas for the county in which the person has his principal office or in any county in which he does business.