New SC Honey Legislation -
Agency Name: Department of Agriculture
Statutory Authority: 39-25-180
Document Number: 4154
Proposed in State Register Volume and Issue: 34/10
House Committee: Agriculture, Natural Resources and Environmental Affairs
Committee
Senate Committee: Agriculture and Natural Resources Committee
120 Day Review Expiration Date for Automatic Approval: 05/11/2011
Status: Pending
Subject: Food and Cosmetics

History: 4154

By        Date        Action Description        Jt. Res. No.        Expiration Date
-        10/22/2010        Proposed Reg Published in SR        
-        01/11/2011        Received by Lt. Gov & Speaker                05/11/2011
H        01/12/2011        Referred to Committee        
S        01/13/2011        Referred to Committee        
H        01/20/2011        Recall from Committee on Medical, Military,
              Public and Municipal Affairs
H        01/20/2011        Referred to Committee
The SC Legislature is getting ready to vote on legislation about beekeepers
selling honey.  It will help Hobby beekeepers who produce less than 150
gallons of honey a year and only sell to the person who will eat the honey. It
exempts the beekeeper from inspection and regulations other than those of
labeling.  Please contact your representatives about this legislation and tell
them to vote "Yes"
Document No. 4154
DEPARTMENT OF AGRICULTURE
CHAPTER 5
Statutory Authority: 1976 Code Section 39-25-180

Article 6, 5-270 through 5-373. Food and Cosmetics

Synopsis:

The Department of Agriculture proposes these amendments to clarify and to
provide a more efficient process for regulating and ensuring properly labeled
and inspected food products manufactured in South Carolina, as authorized
by S.C. Code of Laws, Title 39, Chapter 25. The proposed regulations will
be amended to properly reflect adoption of certain Federal regulations.
Additionally, the Department seeks to clarify the regulation of raw honey
products.

A Notice of Drafting was published in the State Register on June 25, 2010.

Instructions:

The following new sections of Regulation 5-270 through 5-373 are added as
provided below. All other items and sections remain unchanged.

Indicates Matter Stricken [this has hatches through it indicating deletion, but those won't transfer over-
WebWitch]
Indicates New Matter

Text:

5-273. Facility Registration Certificate

      A. Every facility under the jurisdiction of the SCDA where food is
manufactured and/or processed, stored, distributed in South Carolina must
register with the Department, listing all types of products to be manufactured
and/or processed, stored or distributed at the facility. This includes facilities
that are used during non-business hours and that may also be approved by
another regulatory agency for use in serving, processing or packaging food
products.
      B. The firm will be issued a registration certificate, verifying food is
from an approved source.
      C. The registration certificate must be obtained prior to any sale of food
products from said facility.
      D. This registration certificate is to be posted in a conspicuous place at
the place of business at all times. If multiple locations, then a wallet
registration certificate will be issued (this is for vendors at markets,
distributors, etc.).
      E. SCDA may revoke the registration certificate if deemed necessary to
protect the health, safety and well being of the consumer. Revocation of said
registration certificate will result in the immediate prohibition of the facility
including manufacturing and or processing, operation, sales, transportation,
storage, and distribution.

5-274. Honey

      A. Honey and honey products are subject to all labeling requirements of
this Chapter, as well as all provisions of Section 39-25-10 et al. This
includes honey sold to persons or other entities for resale (i.e. to other
retail/business locations, manufacturers, restaurants, bakeries, coffee houses,
etc.) including any honey sold which is intended to be used as a food
ingredient or additive. Honey used as an ingredient or sold to other retail
outlets for retail/resale must be processed in an inspected and registered
food processing facility in accordance with these regulations regardless of
the amount of overall honey produced by the beekeeper.
      B. Beekeepers who produce fewer than 150 gallons of honey annually
and who only sell directly to the end consumer are exempt from inspections
and regulations requiring honey to be processed, extracted and bottled in a
certified food processing establishment, or from being required to obtain a
registration verification permit (RVP) from the Department. However, labels
are required on all containers of honey that are sold in South Carolina.

5-323. Records.

      A. Records of the results of any tests or analysis required pursuant to
the S.C. Food & Cosmetic Act or the Federal Food & Cosmetic Act,
including HAACP, Acidified/LACF Processing Schedules, and Processing
Authority’s evaluation and requirements, shall be maintained by a food
processing facility and made available to the Department for inspection for
not less than three years from the date when the results were reported from
the laboratory.

Fiscal Impact Statement:  No additional state funding is requested to implement these
proposed amendments to these regulations.

Statement of Rationale:  The South Carolina Food & Cosmetic Act expressly
contemplates consumer protection through the implementation of food manufacturing,
labeling and storage standards to ensure high quality and safe food products in South
Carolina. These proposed amendments are based upon the recent adoption of Federal
regulations through statutory amendment. These regulations will help to clarify the
requirements for in-state compliance with federal standards related to food safety and
sanitation practices, as well as streamlining the registration process for traceback and
accountability of the food manufacturing and food distribution industry in South
Carolina.
Pickens County Representatives:
Eric J. Bikas, District #26
EricBikas@schouse.gov
Business phone: (864)246-6009
Business phone: (803)212-6892
B.R. Skelton, District #3
BRSkelton@schouse.gov
Business phone:
Business phone: (803)734-3036
Phillip D. Owens, District #5
HEduComm@schouse.gov
Business phone: (864)850-7070
Business phone: (803)734-3053
William E. Sandifer, District #2
HLCIComm@schouse.gov
Business phone: (864)885-2240
Business phone: (803)734-3015
David R. Hiott, District #4
DavidHiott@schouse.gov
Business phone: (864)878-9832
Business phone: (803)734-3323
Writing an e-mail is the most effective way to communicate with your representative.      
Be sure you identify yourself and your status as a constituent.  Be specific- use the bill
number and state your position plainly.  Be respectful, "Dear Senator Smith" or "Dear
Representative Jones" and "Respectfully yours, (your name)."  Include your mailing
address or e-mail address for a response.
  (Excerpt from South Carolina Living, Jan 2011, p 31)
Check your Jan 2011 copy of South Carolina Living for a complete list of representatives and       
government officials for SC or click here if you know their name:
http://www.scstatehouse.gov/html-pages/houseemail.html.
Jan 2011
HOT HOT HOT !!!