South Carolina General Assembly
115th Session, 2003-2004

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Bill 814


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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-755 SO AS TO PROHIBIT THE SALE OF RETAIL MERCURY FEVER THERMOMETERS AND PROVIDE THAT A VIOLATION IS A MISDEMEANOR.

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

SECTION    1.    Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-755.    (A)    It is unlawful for a person to sell or supply, including through the internet, retail mercury fever thermometers, except in the case of a medical necessity as determined by a licensed physician or by prescription. Manufacturers of mercury fever thermometers sold or supplied in this State for use in the case of a medical necessity shall furnish clear instructions on the careful handling of these thermometers to avoid breakage and proper cleanup should a breakage occur. This section does not apply to digital thermometers using mercury-added button cell batteries.

(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars."

SECTION    2.    This act takes effect six months after approval by the Governor.

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