H 3504 General Bill, By Davenport
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-15-60 AND SECTION 39-15-70 SO AS TO PROVIDE FOR THE LABELING OF TOYS,
 TABLEWARE AND HOUSEWARE, RESPECTIVELY, CONTAINING EXCESSIVE LEVELS OF LEAD AND
 PROVIDING A CIVIL PENALTY FOR VIOLATIONS.

   02/13/07  House  Introduced and read first time HJ-12
   02/13/07  House  Referred to Committee on Judiciary HJ-12

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 AND SECTION 39-15-70 SO AS TO PROVIDE FOR THE LABELING OF TOYS, TABLEWARE AND HOUSEWARE, RESPECTIVELY, CONTAINING EXCESSIVE LEVELS OF LEAD AND PROVIDING A CIVIL PENALTY FOR VIOLATIONS.

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

SECTION    1.    Article 1, Chapter 15, Title 39 of the 1976 Code is amended by adding:

"Section 39-15-60. (A)    As used in this section:

(1)    'Toy' means an article designed and made for the amusement of a child or for his use as a plaything.

(2)    'Lead' means a lead hazard as defined in Section 44-53-1320.

(B)    It is unlawful for a person to manufacture, process, import, sell, deliver, hold for sale, offer for sale, or exchange, or have in his possession with intent to sell or exchange or offer for sale or exchange, in this State a toy that is coated with paints and lacquers containing compounds of lead in which the lead content exceeds that permitted by federal law and regulations without having affixed to it a conspicuous label that reads: 'WARNING: Contains lead. Keep Away from Children'.

(C)    Violation of this section is punishable for each violation by a civil fine not exceeding one thousand dollars.

Section 39-15-70. (A)    It is unlawful for a person to manufacture, process, import, sell, deliver, hold for sale, offer for sale, or exchange, or have in his possession with the intent to sell or exchange or offer for sale or exchange, in this State any tableware or houseware that releases a level of lead in violation of federal standards without having affixed to it a conspicuous label that reads: 'WARNING: Contains lead. Keep Away from Children'.

(B)    For the purpose of this section:

(1)    'Tableware' means dishes, utensils, and other similar items used to prepare, contain, or serve food.

(2)    'Houseware' means utensils, dishes, and other small articles used in a household including decorative items and vinyl mini-blinds.

(3)    'Department' means the South Carolina Department of Consumer Affairs.

(C)    This section does not apply to tableware or houseware that is manufactured without lead as an intentionally added ingredient or as an unintentional contaminant.

(D)    Violation of this section is punishable for each violation by a civil fine not exceeding one thousand dollars."

SECTION    2.    This act does not apply to articles manufactured or sold before its effective date, articles sold as antiques, or articles sold by an individual as part of a yard sale or similar event.

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    4.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    5.    This act takes effect upon approval by the Governor.