South Carolina General Assembly
115th Session, 2003-2004

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Bill 814

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 14, 2004

S. 814

Introduced by Senators Alexander and Martin

S. Printed 4/14/04--S.

Read the first time January 13, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 814) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, beginning on line 33, in Section 16-17-755, as contained in SECTION 1, by striking Section 16-17-755(B) in its entirety and inserting therein the following:

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

(C)    A person who collects or sells mercury fever thermometers as antiques or collectibles and not for medicinal purposes is exempt from the provisions of this section."    /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

            

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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