S.C. Code Regs. § § 27-1098

Current through Register Vol. 48, No. 11, November 22, 2024

Section 27-1098 - Definitions

For the purpose of this Section, in addition to definitions contained in Chapter 46-10-20 of the Boll Weevil Eradication Act, the following shall apply:

A. "Boll Weevil Eradication Foundation of South Carolina, Inc." means a cotton grower's organization certified by the State Crop Pest Commission for the purpose of entering into agreements with the State of South Carolina, other states, and federal agencies as may be necessary to carry out the purposes of this Act.

B. "Compliance Agreement" means a written agreement between a person engaged in growing, dealing in or moving regulated articles and the South Carolina Department of Plant Industry of Clemson University, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the boll weevil.

C. "Exemption" means provisions contained in these regulations which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.

D. Cotton Producer (Producer) means the person(s) responsible for production and sale of a cotton crop on any individual farm. Generally, the owner of the crop.

E. "Gin Trash" means all of the material produced during the cleaning and ginning of seed cotton, bollies or snapped cotton except the lint, cottonseed, gin waste.

F. "Inspector" means any authorized employee of the South Carolina Department of Plant Industry of Clemson University or any person authorized by the Director to enforce the provisions of this Section.

G. "Non-commercial Cotton" means cotton intended for purposes other than processing, including ornamental cotton.

H. Ornamental cotton means cotton of any color planted on any premise for purposes other than commercial production for lint and includes seeds, bolls, potted plants or any portions of the plant being distributed or offered for sale. This term encompasses cotton planted for educational purposes, as a tourist attraction, for retail or wholesale sale as a growing or dried plant, for individual use or for personal satisfaction.

I. Department of Plant Industry (Department) means that unit within Regulatory and Public Service Programs, Clemson University which is responsible for all plant regulatory and quarantine programs in the state.

J. "Regulated Area" means any quarantined state or any portion thereof designated as a regulated area.

K. "Seed Cotton" means cotton as it comes from the field prior to ginning.

L. FSA means the United States Department of Agriculture, Farm Service Agency.

M. "Used Cotton Equipment" means cotton equipment previously used to harvest, strip, transport, or process cotton.

N. "Waiver" means a written authorization which exempts an individual from compliance with one or more specific requirements of this Section.

O. Program means the Boll Weevil Eradication Program.

P. Quarantine area means the entire state of South Carolina, any other quarantined state, and any area which is generally infested with the boll weevil.

Q. Regulated area means the entire state of South Carolina, except that portion of the State which has been designated as an infested area. For purposes of this regulation, the terms regulated area and containment area are synonymous.

R. Infested area means that portion of South Carolina in which boll weevils are found in excessive numbers, as determined by the Director, and in which eradication efforts are ongoing. It also means any other State or portion thereof which produces commercial cotton and in which the boll weevil is not eradicated or in containment, as determined by that state's Department of Agriculture or certified grower's organization.

S.C. Code Regs. § 27-1098

Added by State Register Volume 8, Issue No. 2, eff February 24, 1984. Amended by State Register Volume 9, Issue No. 3, eff March 22, 1985; State Register Volume 10, Issue No. 5, eff May 23, 1986; State Register Volume 11, Issue No. 4, eff April 24, 1987; State Register Volume 12, Issue No. 3, eff March 25, 1988; State Register Volume 15, Issue No. 4, eff April 26, 1991; State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.

Statutory Authority: 1976 Code Section 46-10-30