H 4963 {Rat #188, Act #161 of 2020} General Bill, By Tallon, Moore, Bernstein, 
Caskey, Clary, Davis, Elliott, King, Mace, Wheeler, Simrill, Rutherford, 
Bannister, Finlay, Bradley, Collins, Fry, Hyde, Murphy, W.Newton, Rose, 
Wooten, B.Newton, Sottile, Ridgeway, Ott, Hardee, Bailey, Herbkersman, Bamberg, 
Daning, Kirby, Atkinson, Felder, Hewitt, Martin, Oremus, Sandifer and Erickson
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 61-4-360 SO AS TO PROVIDE THAT A PRODUCER OR WHOLESALER MAY FURNISH OR GIVE
 CERTAIN SAMPLES OF WINES TO A RETAILER NOT TO EXCEED THREE LITERS ANNUALLY;
 AND BY ADDING SECTION 61-6-1650 SO AS TO PROVIDE THAT A PRODUCER OR WHOLESALER
 MAY FURNISH OR GIVE CERTAIN SAMPLES OF WINES IN EXCESS OF SIXTEEN PERCENT
 ALCOHOL, CORDIALS, OR DISTILLED SPIRITS TO A RETAILER NOT TO EXCEED THREE
 LITERS ANNUALLY. - ratified title
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   01/16/20  House  Introduced and read first time (House Journal-page 399)
   01/16/20  House  Referred to Committee on Judiciary
                     (House Journal-page 399)
   02/27/20  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 5)
   03/03/20  House  Member(s) request name added as sponsor: Erickson
   03/04/20  House  Amended (House Journal-page 22)
   03/04/20  House  Read second time (House Journal-page 22)
   03/04/20  House  Roll call Yeas-94  Nays-12 (House Journal-page 24)
   03/05/20  House  Read third time and sent to Senate
                     (House Journal-page 13)
   03/10/20  Senate Introduced and read first time (Senate Journal-page 10)
   03/10/20  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 10)
   09/15/20  Senate Recalled from Committee on Judiciary
                     (Senate Journal-page 7)
   09/16/20  Senate Read second time (Senate Journal-page 32)
   09/16/20  Senate Roll call Ayes-34  Nays-4 (Senate Journal-page 32)
   09/22/20  Senate Read third time and enrolled (Senate Journal-page 13)
   09/25/20         Ratified R  188
   09/28/20         Signed By Governor
   10/02/20         Effective date  09/28/20
   10/02/20         Act No.  161

(A161, R188, H4963)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-360 SO AS TO PROVIDE THAT A PRODUCER OR WHOLESALER MAY FURNISH OR GIVE CERTAIN SAMPLES OF WINES TO A RETAILER NOT TO EXCEED THREE LITERS ANNUALLY; AND BY ADDING SECTION 61-6-1650 SO AS TO PROVIDE THAT A PRODUCER OR WHOLESALER MAY FURNISH OR GIVE CERTAIN SAMPLES OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, OR DISTILLED SPIRITS TO A RETAILER NOT TO EXCEED THREE LITERS ANNUALLY.

Be it enacted by the General Assembly of the State of South Carolina:

Samples of wine

SECTION    1.    Article 3, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-360.    Notwithstanding any other provision of law, a producer or wholesaler may furnish or give a sample of wine to a retailer who has not purchased the brand from a producer or wholesaler in the past three hundred sixty-five days. For each retail establishment, a producer or wholesaler may not give more than three liters of any brand of wine annually. If a particular product is not available in a size within the quantity limitations of this section, a producer or wholesaler may furnish to a retailer the next larger size. Samples must be clearly marked 'Sample--Not for resale'. Nothing in this section allows for any sample to be sold or provided to any employees under the age of twenty-one or to a retailer's customers. The producer or wholesaler shall remove all bottles at the conclusion of the sampling. For purposes of this section, the term 'brand' is defined as provided under 27 C.F.R. Section 6.11."

Samples of wine in excess of sixteen percent alcohol, cordials, or distilled spirits

SECTION    2.    Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1650.    Notwithstanding any other provision of law, a producer or wholesaler may furnish or give a sample of wine in excess of sixteen percent alcohol, cordial, or distilled spirit to a retailer who has not purchased the brand from a producer or wholesaler in the past three hundred sixty-five days. For each retail establishment, a producer or wholesaler may not give more than three liters of any brand of wine in excess of sixteen percent alcohol, cordial, or distilled spirit annually. If a particular product is not available in a size within the quantity limitations of this section, a producer or wholesaler may furnish to a retailer the next larger size. Samples of each bottle or other container must be clearly marked 'Sample--Not for resale'. Nothing in this section allows for any sample to be sold or provided to any employees under the age of twenty-one or to a retailer's customers. The producer or wholesaler shall remove all bottles at the conclusion of the sampling. For purposes of this section, the term 'brand' is defined as provided under 27 C.F.R. Section 6.11."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 25th day of September, 2020.

Approved the 28th day of September, 2020.