South Carolina § 39-39-110 - Definitions.

§ 39-39-110. Definitions.

As used in this chapter:

(1) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs.

(2) "Candle" means to determine the interior quality of eggs based on the use of a candling light as defined in the federal standards.

(3) "Consumer" means a person using eggs for food and includes restaurants, hotels, cafeterias, hospitals, state institutions, and other establishments serving food to be consumed or produced on the premises but does not include the armed forces or other federal agency or institution.

(4) "Eggs" means the shell eggs of a domesticated chicken, turkey, duck, goose, or guinea hen.

(5) "Label" means the display of any printed, graphic, or other method of identification on the shipping container or on the immediate container including, but not limited to, an individual consumer package of eggs.

(6) "South Carolina eggs" means eggs produced in this State.

(7) "Producer" means a person engaged in the business of producing and marketing eggs laid on his farm.

(8) "Retailer" means a person, firm, or corporation selling or offering for sale eggs to consumers in this State.

(9) "Distributor" means a person offering for sale or distributing eggs in this State to a retailer, cafe, restaurant, or other establishment serving eggs to the public or to an institutional user. It includes a person distributing eggs to his own retail outlet but does not include a person engaged to haul or transport eggs nor a producer.

(10) "Wholesaler" means a person engaged in the business of buying or receiving eggs from producers or other persons on his own account and selling or transferring eggs to other wholesalers, processors, retailers, or other persons and consumers. A wholesaler further means a person engaged in producing eggs from his own flock and disposing of a portion of this production on a graded basis.

(11) "Person" means any individual, partnership, association, business trust, corporation, or organized group of persons, whether incorporated or not.

(12) "Sell" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.

HISTORY: 1962 Code SECTION 66-621; 1955 (49) 316; 1972 (57) 2820; 1994 Act No. 379, SECTION 1, eff May 10, 1994; 2005 Act No. 23, SECTION 1, eff upon approval (became law without the Governor's signature on March 24, 2005).

Effect of Amendment

The 1994 amendment revised this section, deleting a definition of "case".

The 2005 amendment added the definitions of "Ambient temperature", "Candle", "Consumer", "Label", "Wholesaler", "Person" and "Sell"; in the definition of "Eggs", substituted "shell" for "unprocessed", added "turkey, duck, goose, or guinea" and deleted "while they are still in the shell" following "hen"; in the definition of "Producer", substituted "engaged in the business of producing and marketing eggs laid on his farm" for "selling no eggs other than those eggs produced by his own flock"; and redesignated the items to accommodate the added definitions.