Bill 4706

                    Current Status

Introducing Body:               House
Bill Number:                    4706
Primary Sponsor:                Committee (20)
Type of Legislation:            GB
Subject:                        Food products, perishable;
                                disparagement of
Residing Body:                  House
Computer Document Number:       NO5/7503BDW.94
Introduced Date:                19940209
Last History Body:              House
Last History Date:              19940510
Last History Type:              Objection withdrawn by
                                Representative
Scope of Legislation:           Statewide
Sponsor Committee:              Agriculture, Natural
                                Resources, and Environmental
                                Affairs
Sponsor Committee Number:       20
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4706  House   19940510      Objection withdrawn by                    Cromer
                            Representative
4706  House   19940224      Objection by Representative          Huff
                            Simrill
                            Cromer
                            Hodges
                            Haskins
                            Wells
                            Allison
                            Lanford
                            Wright
                            Harrison
                            Carnell
4706  House   19940209      Introduced, read first time

INTRODUCED

February 9, 1994

H. 4706

Introduced by Agriculture, Natural Resources and Environmental Affairs Committee

S. Printed 2/9/94--H.

Read the first time February 9, 1994.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-170 SO AS TO PROHIBIT THE DISPARAGEMENT OF PERISHABLE AGRICULTURAL AND AQUACULTURAL FOOD PRODUCTS, DEFINE TERMS, AND PROVIDE FOR AN ACTION FOR DAMAGES AND OTHER APPROPRIATE RELIEF.

Whereas, the General Assembly finds that the production of agricultural and aquacultural food products constitutes an important and significant proportion of the South Carolina economy; and

Whereas, it is beneficial to the citizens of this State to protect the vitality of the agricultural and aquacultural economy by providing a legal cause of action for producers of perishable agricultural and aquacultural food products to recover damages for the disparagement of the product.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 46-1-170. (A) As used in this section:

(1) `Disparagement' means dissemination to the public in any manner of false information which is not based on reliable scientific facts and scientific data, which the disseminator knows or should have known to be false and which casts doubt on the safety of a perishable agricultural or aquacultural food product to the consuming public.

(2) `Perishable agricultural or aquacultural food product' means an agricultural or aquacultural product intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.

(B) A producer of perishable agricultural or aquacultural food products who suffers damages as a result of another person's disparagement of the products may bring an action for damages and for other appropriate relief in a court of competent jurisdiction. The disparagement of a perishable agricultural or aquacultural food product in violation of this section with intent to harm the producer of the product shall render a disseminator of disparaging information liable for treble damages.

(C) An action under this section must be commenced within three years after the cause of action accrues."

SECTION 2. This act takes effect July 1, 1994, and applies to acts occurring after June 30, 1994.