Bill 3685

                    Current Status

Bill Number:                    3685
Ratification Number:            513
Act Number:                     438
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970319
Primary Sponsor:                Cato
All Sponsors:                   Cato and Limehouse 
Drafted Document Number:        bbm\9153jm.97
Date Bill Passed both Bodies:   19980604
Date of Last Amendment:         19980602
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19980617
Subject:                        Peat, trade and commercial
                                practices regarding labeling;
                                Agriculture

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980804  Act No. A438
------  19980617  Unsigned, became law without
                  signature of Governor
------  19980610  Ratified R513
House   19980604  Concurred in Senate amendment,
                  Enrolled for ratification
Senate  19980603  Read third time, returned to House
                  with amendment
Senate  19980602  Read second time
Senate  19980602  Committee amendment adopted
Senate  19980528  Polled out of Committee:                 11 SJ
                  Favorable with amendment
Senate  19980521  Committed to Committee                   11 SJ
Senate  19980521  Recalled from Committee                  01 SANR
Senate  19980430  Introduced, read first time,             01 SANR
                  referred to Committee
House   19980429  Read third time, sent to Senate
House   19980428  Read second time
House   19980422  Committee report: Favorable              26 HLCI
House   19970319  Introduced, read first time,             26 HLCI
                  referred to Committee

(A438, R513, H3685)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND PROVIDE PENALTIES, AND SECTION 39-5-37 SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE UNDER SECTION 39-5-20 TO USE AN ASSUMED OR FICTITIOUS NAME IN THE CONDUCT OF A BUSINESS SO AS TO MISREPRESENT INTENTIONALLY THE GEOGRAPHIC ORIGIN, OWNERSHIP OF MANUFACTURING FACILITIES, OR LOCATION OF SUCH BUSINESS.

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

Activities made unlawful; penalties

SECTION 1. The 1976 Code is amended by adding:

"Section 39-15-15. (A) It is unlawful for a person engaged in the business of manufacturer, dealer, distributor, wholesaler, or retailer of peat to label a package or container of the product as 'peat', or to market, distribute, sell, or advertise for sale a package or container with the word 'peat' in the label or anywhere else on the package or container, unless the product is in actuality partially carbonized vegetable tissue formed by partial decomposition in water of various plants.

(B) A person who violates any of the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or must be imprisoned for thirty days. Each violation constitutes a separate offense."

Activity made unlawful

SECTION 2. The 1976 Code is amended by adding:

"Section 39-5-37. It shall be an unlawful trade practice under Section 39-5-20 to use an assumed or fictitious name in the conduct of a business to intentionally misrepresent the geographic origin, ownership of manufacturing facilities, or location of such business."

Time effective

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

Became law without the signature of the Governor -- 06/17/98.