H 3613 General Bill, By Kirsh, Sandifer, Clemmons and Duncan

Similar(H 3118)
 A BILL 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.

   02/23/05  House  Introduced and read first time HJ-8
   02/23/05  House  Referred to Committee on Judiciary HJ-8
   04/19/05  House  Committee report: Favorable with amendment
                     Judiciary HJ-65
   04/20/05         Scrivener's error corrected
   04/27/05  House  Member(s) request name added as sponsor:
                     Clemmons, Duncan
   04/27/05  House  Amended HJ-27
   04/27/05  House  Read second time HJ-28
   04/28/05  House  Read third time and sent to Senate HJ-10
   05/03/05  Senate Introduced and read first time SJ-19
   05/03/05  Senate Referred to Committee on Judiciary SJ-19
   05/09/05  Senate Referred to Subcommittee: Martin (ch), Gregory,
                     Elliott, Hawkins

AMENDED

April 27, 2005

H. 3613

S. Printed 4/27/05--H.

Read the first time February 23, 2005.

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.

Amend Title To Conform

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:

"Article 9

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.

(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."

SECTION    2.    This act takes effect upon approval by the Governor.