Reps. BAMBERG and ROSE proposes the following amendment (LC-287.SA0003H):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 95, Title 44 of the S.C. Code is amended by adding:Section 44-95-65. (A) As used in this section:
(1) "ENDS product" means an electronic nicotine delivery system intended for retail sale in this State that is a non-combustible product employing a heating element, power source, electronic circuit, or other means to produce vapor from nicotine or similar substances. This includes e-liquid or disposables whether sold with or separate from the device.
(2) "Chinese disposable ENDS product" means any ENDS product:
(a) assembled, manufactured, or labeled in the People's Republic of China; or
(b) containing e-liquids manufactured in the People's Republic of China.
(3) "Advertise" or "Advertisement" includes any statement, graphic, depiction, or media content calculated to induce sales.
(4) "Marketing" includes sponsorship, online promotion, point-of-sale displays, and outreach campaigns.
(5) "Minor" means anyone under age twenty-one.
(6) "Packaging" includes any receptacle that contains an ENDS product.
(B) No person may distribute, sell, or offer for sale in South Carolina:
(1) any Chinese-made disposable or Chinese-manufactured e-liquid, including those imported, relabeled, or repackaged by domestic entities;
(2) any ENDS product:
(a) that contains cartoon characters, food brands, school supply imagery;
(b) that uses terms such as "candy", "gummy bear", "bubble gum", "popsicle", or similar; or
(c) that copies trademarks of products commonly marketed to youth.
(C) ENDS advertising must:
(1) only appear in media where at least eighty-five percent of the audience is verifiably over twenty-one;
(2) not make false, misleading, or therapeutic health claims;
(3) not appear on billboards within one thousand feet of schools, playgrounds, or youth centers; and
(4) not appear on social media platforms unless strict age-gating prevents underage exposure.
(D)(1) All manufacturers selling vapor products in South Carolina must:
(a) register annually with the Department of Revenue (DOR);
(b) submit Product Safety Data Sheets (SDS) for every product to be sold; and
(c) include labeling with manufacturer's name and address, child-resistant packaging, and a tamper-evident seal.
(2) The Department of Revenue shall maintain a public-facing registry of all compliant products and retailers.
(E)(1) A manufacturer, distributor, or retailer violating any portion of this section is subject to:
(a) five hundred dollars for a first violation;
(b) one thousand dollars for a second violation;
(c) one thousand five hundred dollars for a third violation;
(d) three thousand dollars for each subsequent violation within a thirty-six-month period.
(2) Civil penalties collected must be deposited into the Vapor Products Compliance Fund, used solely to educate retailers, conduct enforcement sweeps, and fund cessation programs.
(3) The South Carolina Law Enforcement Division, local law enforcement, and the Department of Revenue are authorized to:
(a) confiscate and destroy unregistered or noncompliant products; and
(b) conduct unannounced compliance checks.
(F) South Carolina may not:
(1) require manufacturers to submit or prove approval through the federal PMTA process;
(2) use FDA marketing granted or denied orders as a condition of sale or enforcement; or
(3) allow any federal agency to dictate what small businesses may sell in South Carolina under this section.
(G)(1) The department shall allow a ninety-day grace period from the effective date of this act for businesses to:
(a) register products;
(b) clear banned inventory; and
(c) transition to compliant alternatives.
(2) No product may be destroyed or penalized within the grace period unless it is a banned Chinese-made disposable or poses an immediate public safety risk.
SECTION 2. This act takes effect ninety days after approval by the Governor.
Renumber sections to conform.
Amend title to conform.