South Carolina General Assembly
116th Session, 2005-2006

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Bill 3640

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

COMMITTEE REPORT

April 19, 2005

H. 3640

Introduced by Reps. White and Cooper

S. Printed 4/19/05--H.

Read the first time February 24, 2005.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 3640) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-1-145 so as to provide that ground beef prepared by a food-service, 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, Section 44-1-145(B) page 2, line 7 after the /;/ by inserting /or/; line 3 by deleting /or/ and by deleting item (4). So when amended, Section 44-1-145(B) reads:

/    (B)    The food service provider, its business or its employees or agents, are not liable for any adverse affects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less then one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius) if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), and be given to the purchaser:

(1)    in writing;

(2)    as stated on the menu; or

(3)    by visible sign warning./

Renumber sections to conform.

Amend title to conform.

JOE E. BROWN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Health & Environmental Control reports that there would be no cost to the General Fund of the State, or to federal and /or other funds as a result of the enactment of this bill.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER AND TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED AT SUCH TEMPERATURE UPON REQUEST AND TO REQUIRE A FOOD SERVICE PROVIDER TO PROVIDE A WRITTEN OR VERBAL WARNING OF THE RISKS OF EATING SUCH GROUND BEEF.

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

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

"Section 44-1-145.    (A)    Notwithstanding any other provision of law, ground beef or any food containing ground beef prepared by a food service provider for public consumption must be cooked to heat all parts of the food to at least one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), unless otherwise ordered by the immediate consumer.

(B)    The food service provider, its business or its employees or agents, are not liable for any adverse affects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less then one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius) if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), and be given to the purchaser:

(1)    in writing;

(2)    as stated on the menu;

(3)    by visible sign warning; or

(4)    verbally."

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

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