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COMMITTEE REPORT
April 19, 2005
H. 3613
S. Printed 4/19/05--H.
Read the first time February 23, 2005.
To whom was referred a Bill (H. 3613) to amend Chapter 3, Title 15, Code of Laws of South Carolina, 1976, by adding Article 9 so as to enact the "Common Sense Consumption Act", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting in its entirety Section 15-3-1020, page 2, beginning on line 9, and inserting:
/ Section 15-3-1020. (A) A manufacturer, packer, distributor, carrier, holder, marketer, seller, or an association of one or more of these entities of a food or nonalcoholic beverage intended for human consumption is not subject to civil liability in an action brought by a party on or after the effective date of this article or in an action pending on the effective date of this article based on a person's purchase or consumption of food or nonalcoholic beverages in a case when liability is based on weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the person's long-term purchase or consumption of food or nonalcoholic beverages.
(B) In an action to dismiss one or more claims pursuant to the provisions of this article, all discovery and other proceedings are stayed while a motion to dismiss is pending.
(C) The provisions of this section apply only when a manufacturer, packer, distributor, carrier, holder, seller, or marketer of a food, as defined in Section 201(f) of the federal Food and Cosmetic Act, establishes it has complied with the content and nutrition labeling disclosure provisions of 21 C.F.R. Section 101.1 through 101.108, with the FDA Nutrition Labeling Manual (1988 Edition), and with the Good Manufacturing Practice in Manufacturing, Packaging and Holding Human Food, 21 C.F.R. Section 101.110, et seq., so that a consumer has ready access to this information and may be informed about the content and nutritional value of the food prior to consumption.
(D) A retail establishment that serves food and nonalcoholic beverages complies with the provisions of this section by making information available upon request to the consumer." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE "COMMON SENSE CONSUMPTION ACT", TO DEFINE THE TERMS "PARTY" AND "LONG-TERM CONSUMPTION", AND TO PROVIDE THAT A MANUFACTURER, PACKER, DISTRIBUTOR, CARRIER, HOLDER, MARKETER, SELLER, OR AN ASSOCIATION OF ONE OR MORE OF THESE ENTITIES IS NOT SUBJECT TO CIVIL LIABILITY IN AN ACTION BASED ON A PERSON'S PURCHASE OR CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES WHEN LIABILITY IS BASED ON WEIGHT GAIN, OBESITY, OR A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY RESULTING FROM THE PERSON'S LONG-TERM CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 15 of the 1976 Code is amended by adding:
Section 15-3-1000. This article may be cited as the 'Common Sense Consumption Act'.
Section 15-3-1010. As used in this article:
(1) 'Party' means an individual, corporation, company, association, firm, partnership, society, joint stock company, another entity, including a governmental entity; and
(2) 'Long-term consumption' means the cumulative effect of the consumption of food or nonalcoholic beverages. 'Long-term consumption' does not mean the effect of a single instance of consumption.
Section 15-3-1020. (A) A manufacturer, packer, distributor, carrier, holder, marketer, seller, or an association of one or more of these entities of a food or nonalcoholic beverage intended for human consumption is not subject to civil liability in an action brought by a party on or after the effective date of this article or in an action pending on the effective date of this article based on a person's purchase or consumption of food or nonalcoholic beverages in a case when liability is based on weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the person's long-term purchase or consumption of food or nonalcoholic beverages.
(B) In an action to dismiss one or more claims pursuant to the provisions of this article, all discovery and other proceedings are stayed while a motion to dismiss is pending."
SECTION 2. This act takes effect upon approval by the Governor.
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