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Bill 4104

                    Current Status

Bill Number:                      4104
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010515
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison, Jennings, Battle and Coates
Drafted Document Number:          l:\council\bills\skb\18514som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Cigarettes, illegal packages of, 
                                  penalties for selling; Crimes and Offenses, 
                                  Agriculture, Tobacco products


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010515  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 16-17-505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIGARETTE PACKAGES WHICH VIOLATE CERTAIN FEDERAL LAWS, SO AS TO PROVIDE THE OFFENSE RELATES TO CIGARETTES SOLD OR DISTRIBUTED IN THE STATE, TO PROVIDE CIGARETTES WHICH VIOLATE THIS SECTION ARE SUBJECT TO SEIZURE, FORFEITURE AND MUST BE DESTROYED, TO PROVIDE CIGARETTES WHICH VIOLATE THIS SECTION ARE CONSIDERED CONTRABAND WHETHER THE VIOLATION IS KNOWING OR NOT, AND TO PROVIDE A PERSON WHO SELLS, DISTRIBUTES, OR MANUFACTURES CIGARETTES WHO SUSTAINS DIRECT ECONOMIC OR COMMERCIAL INJURY AS A RESULT OF A VIOLATION OF THIS SECTION MAY, IN GOOD FAITH, BRING AN ACTION FOR INJUNCTIVE RELIEF.

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

SECTION    1.    Section 16-17-505 of the 1976 Code, as added by Act 92 of 1999, is amended to read:

    "Section 16-17-505.    (1)    For purposes of this section, 'package' means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution to consumers.

    (2)    It is unlawful to sell, hold for sale, or distribute a package of cigarettes if:

        (a)    the package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331, for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States;

        (b)    the package is labeled "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording indicating that the manufacturer did not intend that the product be sold in the United States;

        (c)    the package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in (a) or (b) of this subsection;

        (d)    the package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. 5754; or

        (e)    the package in any way violates federal trademark or copyright laws.

    It is unlawful for a person to sell or distribute in this State, to acquire, hold, own, possess, or transport for sale or distribution in this State, or to import or cause to be imported into this State for sale or distribution in this State, cigarettes which do not comply with all applicable requirements imposed by or pursuant to federal law and regulation.

    (3)    A person who knowingly sells, holds for sale, or distributes cigarette packages in violation of subsection (2) is guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than three years or fined not more than one thousand dollars, or both.

    (4)    In addition to the other penalties provided by law, law enforcement may seize and destroy or sell to the manufacturer, for export only, any packages described in subsection (2). Cigarettes which are acquired, held, owned, possessed, transported in, imported into, sold, or distributed in this State in violation of this section are considered contraband and subject to seizure and forfeiture. Cigarettes seized and forfeited must be destroyed. Such cigarettes are considered contraband whether the violation of this section is knowing or otherwise.

    (5)    A person who sells, distributes, or manufactures cigarettes and sustains direct economic or commercial injury as a result of a violation of this section, may, in good faith, bring an action for injunctive relief."

SECTION    2.    This act takes effect upon approval by the Governor.

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