S.C. Code Regs. 117-1250.2 — Change in Distributors

It has been called to the attention of the Department by certain members of the General Assembly,
who have filed statements thereabout with the said Department, that it was not the intention of the
South Carolina General Assembly in enacting Section 12-21-1330 of the 1976 Code to require the
filing of the ninety day written notice with the Department by manufacturers and wholesalers prior to
any change in their distributors, or in the territories of their distributors, where both the manufacturer
and the wholesaler mutually agree in writing to waive the said ninety day written notice requirement.
Based upon the aforementioned declaration of legislative intent pertaining to the enactment of
Section 12-21-1330, the Department, in instances where both the manufacturer affected and the
wholesaler affected mutually agree in writing to waive the aforesaid ninety day notice prior to change
in their distributors or in the territory of their distributors, will consider the filing of the waiver
agreement with the Department sufficient compliance with the provisions of said Section 12-21-1330.
Until the mutually executed waiver agreement is duly filed with the Department, and in form and
content acceptable to the Department, the waiver of the notice requirements of Section 12-21-1330
shall not become effective.