Current Status Bill Number:160 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Leventis All Sponsors:Leventis Drafted Document Number:PFM\7010BDW.95 Residing Body:Senate Current Committee:Agriculture and Natural Resources Committee 01 SANR Subject:Agricultural or aquacultural products
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 01 SANR
referred to Committee
Senate 19941017 Prefiled, referred to Committee 01 SANR
View additional legislative information at the LPITS web site.
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. Now, therefore,
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, 1995, and applies to acts occurring after June 30, 1995.