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H. 3236
STATUS INFORMATION
General Bill
Sponsors: Rep. Witherspoon
Document Path: l:\council\bills\gjk\20062sd05.doc
Companion/Similar bill(s): 256
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Adulterated or misbranded food
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/11/2005 House Introduced and read first time HJ-139
1/11/2005 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-140
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 39-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN REGARD TO ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED ACTS; TO ADD SECTION 39-25-115 SO AS TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE BY EMERGENCY REGULATION TO TAKE CERTAIN ACTIONS REGARDING MICROORGANISM FOOD CONTAMINATION; TO AMEND SECTION 39-25-190, RELATING TO THE AUTHORITY OF THE COMMISSIONER TO ENTER AND INSPECT A PREMISES IN REGARD TO ADULTERATED FOOD, SO AS TO AUTHORIZE THE DEPARTMENT TO CONDUCT THE ANALYTICAL WORK NECESSARY FOR THE PROPER ENFORCEMENT OF THESE PROVISIONS, INCLUDING THE PERFORMING OF LABORATORY SERVICES AND COLLECTING REASONABLE FEES FOR THESE SERVICES; TO ADD SECTION 39-25-210 SO AS TO REQUIRE THAT PERSONS SUBJECT TO INSPECTION UNDER ADULTERATED FOOD LAWS SHALL NOT BE PERMITTED TO ENGAGE IN THE MANUFACTURING, PROCESSING, WAREHOUSING, OR PACKING OF FOOD WITHOUT FIRST OBTAINING A PERMIT FROM THE DEPARTMENT, TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR THESE PERMITS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO ADD SECTION 39-25-220 SO AS TO PROVIDE THAT THE DEPARTMENT MAY EMPLOY ALL HELP NECESSARY TO CARRY OUT AND ENFORCE THE PROVISIONS OF ADULTERATED FOOD LAWS AND MAY DESIGNATE ANY EMPLOYEE OF THE DEPARTMENT TO PERFORM ANY DUTIES NECESSARY TO CARRY OUT THESE PROVISIONS; AND TO ADD SECTION 39-25-230 SO AS TO AUTHORIZE THE COMMISSIONER TO PROMULGATE REGULATIONS SETTING STANDARDS FOR THE LABELING AND CERTIFICATION OF FOOD PRODUCTS USING THE "SOUTH CAROLINA QUALITY" LABEL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 39-25-30 of the 1976 Code is amended to read:
"Section 39-25-30. The following acts and the causing thereof of these acts within the State of South Carolina are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for sale of any food or cosmetic that is adulterated or misbranded.;
(b) The adulteration or misbranding of any food or cosmetic.;
(c) The receipt in commerce of any food or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof of it for pay or otherwise.;
(d) The distribution in commerce of a consumer commodity, as defined in this chapter, if such the commodity is contained in package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter and of regulations promulgated under authority of this chapter; provided, however, that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such these persons (1) are engaged in packaging or labeling of such these commodities, or (2) prescribe or specify by any means the manner in which such these commodities are packaged or labeled.;
(e) The dissemination of any false advertisement regarding any food or cosmetic.;
(f) The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record as authorized by Section 39-25-190.;
(g) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of South Carolina from whom he received in good faith the food or cosmetic.;
(h) The removal or disposal of a detained or embargoed article in violation of Section 39-25-60.;
(i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food or cosmetic if such the act is done while such the article is held for sale and results in such the article being adulterated or misbranded.;
(j) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or of the federal act.;
(k) The using by any person to his own advantage, or revealing, other than to the commissioner or his authorized representative or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection;
(l) operating without a valid permit under Section 46-3-20."
SECTION 2. Chapter 25, Title 39 of the 1976 Code is amended by adding:
"Section 39-25-115. (A) Whenever the commissioner finds, upon investigation, that the distribution in South Carolina of any class of food, by reason of contamination with microorganisms during manufacture, processing, or packaging in any locality, may be injurious to health and that the injurious nature cannot be adequately determined after these articles have entered into public commerce, he shall promulgate the emergency regulations required by this section. These regulations shall include provisions providing for the issuance to manufacturers, processors, or packers of that class of food in that locality of permits which shall include conditions governing the manufacture, processing, or packing of that class of food for a temporary period of time as may be necessary to protect the public health. After the effective date of the regulations and during the temporary period, no person shall introduce or deliver for introduction into the public commerce of this State any such food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the commissioner as provided by the regulations.
(B) The commissioner is authorized to suspend immediately, upon reasonable notice, any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended may at any time apply for reinstatement of the permit. The commissioner, immediately after prompt hearing and inspection of the establishment, shall reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit as originally issued or as amended.
(C) An officer or employee duly designated by the commissioner shall have access to any factory or establishment, the operator of which holds a permit under this section, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for the inspection is grounds for suspension of the permit until the access is freely given by the owner or operator."
SECTION 3. Section 39-25-190 of the 1976 Code is amended by adding new subsections at the end to read:
"(e) The analytical work necessary for the proper enforcement of this chapter and regulations promulgated by the department in regard to food must be done by the department or under the direction of the department.
(f) The department shall perform the necessary laboratory services relating to, or having a potential impact on, food safety or the compliance of food with the requirements of this chapter for any person or public agency.
(g) The department shall establish and collect reasonable fees for the laboratory services performed pursuant to subsection (f) or to recover the cost of verifying compliance with the provisions of this chapter or regulations promulgated under it. These fees must be deposited into the State Treasurer's account for agriculture and must be used solely for the recovery of costs for the services provided."
SECTION 4. Chapter 25, Title 39 of the 1976 Code is amended by adding:
"Section 39-25-210. No person subject to inspection under this chapter shall engage in the business of manufacturing, processing, warehousing, or packing food in any manner without first obtaining a permit from the department. The permit must be issued upon application to the department on forms furnished by the department. The permits must be issued beginning January 1, 2006, and are renewable annually thereafter on or before the first day of January. The department is authorized to establish and retain by regulation a permitting fee not greater than one hundred dollars per application to cover the cost of administering this program.
Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days."
SECTION 5. Chapter 25, Title 39 of the 1976 Code is amended by adding:
"Section 39-25-220. The department may employ all help necessary to carry out and enforce the provisions of this chapter relating to food and may designate any employee of the department to perform any duties necessary to carry out these provisions."
SECTION 6. Chapter 25, Title 39 of the 1976 Code is amended by adding:
"Section 39-25-230. The commissioner is authorized to promulgate regulations setting standards for the labeling and certification of South Carolina food products using the 'South Carolina Quality' label."
SECTION 7. This act takes effect upon approval by the Governor.
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