S.C. Code Regs. § § 61-32.IV

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-32.IV - ADULTERATED OR MISBRANDED BOTTLED WATER, SOFT DRINKS, OR ICE

A. No PERSON within South Carolina, or its jurisdiction, shall produce, provide, sell, offer, or expose for sale or have in possession with intent to sell, any BOTTLED WATER, SOFT DRINKS, or ICE that is ADULTERATED or misbranded. Any BOTTLED WATER, SOFT DRINK, or ICE that may contain any unwholesome substance, or that does not conform to an applicable standard of identity or other requirement specified under Section III for that particular BOTTLED WATER, SOFT DRINK, or ICE product, shall be deemed ADULTERATED and/or misbranded.

B. The DEPARTMENT may place a hold order on any BOTTLED WATER, SOFT DRINKS, or ICE it determines or has reason to believe:

1. originated from an un APPROVED SOURCE;

2. may be unsafe, unwholesome, ADULTERATED, misbranded, or not honestly presented;

3. is not labeled according to LAW; or

4. is otherwise not in compliance with this regulation.

C. The DEPARTMENT may suspend a PERSON's PERMIT for violating a hold order.

D. The DEPARTMENT may impound, condemn, forbid the sale of, or cause to be removed or destroyed, any FOOD that is determined to be in violation of this regulation, unwholesome, contaminated, ADULTERATED, misbranded, or from an un APPROVED source.

E. The DEPARTMENT may issue a hold order to a PERMIT HOLDER or to a PERSON who owns or controls the FOOD, as specified above, without prior warning, notice of a hearing, or a hearing on the hold order.

F. The DEPARTMENT may examine BOTTLED WATER, SOFT DRINKS, and ICE as often as necessary to determine freedom from ADULTERATION or misbranding. Under a hold order, BOTTLED WATER, SOFT DRINKS, or ICE shall be suitably stored. No PERSON shall remove or alter a hold order, notice, or tag placed on BOTTLED WATER, SOFT DRINKS, or ICE by the DEPARTMENT. No PERSON shall relabel, repack, reprocess, alter, dispose of, or destroy such BOTTLED WATER, SOFT DRINKS, or ICE, or the CONTAINERS thereof, without permission of the DEPARTMENT, except on order by a court of competent jurisdiction.

G. When BOTTLED WATER, SOFT DRINKS or ICE are found to be ADULTERATED by pesticides, herbicides, or other poisonous substances, the PERSON or entity in possession of the product shall remove the product from the market, disposed of, and sale stopped until analysis provides the product to be free from ADULTERATION.

S.C. Code Regs. § 61-32.IV

Replaced and amended by State Register Volume 44, Issue No. 06, eff. 6/26/2020.