Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 284

                    Current Status

Bill Number:                      284
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010206
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson
Drafted Document Number:          l:\council\bills\bbm\9824htc01.doc
Residing Body:                    Senate
Current Committee:                Medical Affairs Committee 13 SMA
Subject:                          Over-the-counter weight loss pills, 
                                  unlawful to sell to minors under twenty-one; 
                                  Pharmacies and Pharmacists, Crimes


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010206  Introduced, read first time,           13 SMA
                  referred to Committee


              Versions of This Bill

TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 132 SO AS TO MAKE IT UNLAWFUL TO SELL OVER-THE-COUNTER WEIGHT LOSS PILLS OR DISTRIBUTE SAMPLES OF SUCH PILLS TO AN INDIVIDUAL UNDER THE AGE OF TWENTY-ONE YEARS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

SECTION 1. Title 44 of the 1976 Code is amended by adding:

Section 44-132-10. As used in this chapter:

(1) 'Distribute' means a conveyance to the public by sale, barter, gift, or sample.

(2) 'Person' means an individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department, or bureau of the state or federal government, or any other legal entity which is recognized by law as the subject of rights and duties.

(3) 'Proof of age' means a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.

(4) 'Sample' means a weight-loss pill distributed to members of the general public at no cost or at nominal cost for product promotional purposes.

(5) 'Sampling' means the distribution to members of the general public of weight-loss pill samples.

(6) 'Weight loss pill' means a pill which is marketed and purchased for the purpose of weight loss. The term 'weight loss pill' includes, but is not limited to, a pill which contains at least one of the following ingredients:

(a) phenylpropanolamine;

(b) phentermine;

(c) phendimetrazine;

(d) dextromphetamine;

(e) benzphetamine;

(f) diethylpropion; or

(g) any other similar ingredient.

Section 44-132-20. The owner of an establishment at which weight loss pills are sold at retail shall prominently display in a conspicuous place at every display from which weight loss pills are sold a sign that must contain a red lettering at least one-half inch high on a white background the following: 'It is a violation of state law for weight loss pills to be sold to any person under twenty-one years of age.'

Section 44-132-30. (A) A person selling weight loss pills or distributing weight loss pill samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under twenty-one years of age.

(B) Reasonable reliance on proof of age or on the appearance of the purchaser or recipient is a defense to any action for a violation of subsections (A) and (B) of Section 44-132-40. No person is liable for more than one violation of subsections (A) and (B) of Section 44-132-40.

Section 44-132-40. (A) It is unlawful for any person to engage in weight loss pill distribution to persons under twenty-one years of age.

(B) A person may not sell any weight loss pills or distribute any weight loss pills to any person under twenty-one years of age.

(C) A person who violates subsection (A) or (B) of this section or Section 44-132-20 is guilty of a misdemeanor and, upon conviction, must be fined:

(1) for the first offense twenty-five dollars;

(2) for the second offense, one hundred dollars;

(3) for a third and subsequent offense, two hundred fifty dollars.

Section 44-132-50. If a sale is made by an employee of the owner of an establishment in violation of this chapter, the employee is guilty of the offense established in subsection (B) of Section 44-132-40. If a sample is distributed by an employee of a company conducting the sampling, the employee is guilty of an offense established in subsection (A) of Section 44-132-40.

Section 44-132-60. Nothing in this chapter prohibits any person under twenty-one years of age from purchasing any over-the-counter products marketed for any reason other than weight loss including, but not limited to, medications for the relief of allergies, colds, or coughs, even if such products contain one or more of the ingredients listed in Section 44-132-10(6)."

SECTION 2. This act takes effect on the first day of the third month following approval by the Governor.

This web page was last updated on Tuesday, December 8, 2009 at 11:10 A.M.