South Carolina § 46-9-40 - Authority to promulgate and enforce regulations; other powers of commission.
Full text of South Carolina South Carolina Code of Laws § 46-9-40 — Authority to promulgate and enforce regulations; other powers of commission., with citation guidance and answers to common questions.
§ 46-9-40. Authority to promulgate and enforce regulations; other powers of commission.
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.
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.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 46-9-40
What does South Carolina Code of Laws § 46-9-40 cover?
Section 46-9-40 ("Authority to promulgate and enforce regulations; other powers of commission.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 46-9-40?
A common citation format is "South Carolina Code of Laws § 46-9-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 46-9-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.