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A277, R319, H3028
Sponsors: Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson
Document Path: l:\council\bills\agm\18661mm07.doc
Introduced in the House on January 9, 2007
Introduced in the Senate on February 26, 2008
Last Amended on May 22, 2008
Passed by the General Assembly on May 29, 2008
Governor's Action: June 4, 2008, Vetoed
Legislative veto action(s): Veto overridden
Summary: Unfair trade practice
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/13/2006 House Prefiled 12/13/2006 House Referred to Committee on Judiciary 1/9/2007 House Introduced and read first time HJ-27 1/9/2007 House Referred to Committee on Judiciary HJ-27 1/30/2007 House Member(s) request name added as sponsor: Witherspoon 1/31/2007 House Member(s) request name added as sponsor: Whipper 2/8/2007 House Member(s) request name added as sponsor: Hardwick 3/29/2007 House Member(s) request name added as sponsor: Hagood 2/13/2008 House Committee report: Favorable with amendment Judiciary HJ-3 2/14/2008 House Member(s) request name added as sponsor: Clemmons 2/14/2008 Scrivener's error corrected 2/19/2008 House Debate adjourned until Wednesday, February 20, 2008 HJ-11 2/20/2008 House Member(s) request name added as sponsor: Neilson, Erickson 2/20/2008 House Amended HJ-22 2/20/2008 House Read second time HJ-25 2/21/2008 House Read third time and sent to Senate HJ-15 2/26/2008 Senate Introduced and read first time SJ-6 2/26/2008 Senate Referred to Committee on Judiciary SJ-6 2/29/2008 Senate Referred to Subcommittee: Gregory (ch), Elliott, Anderson, Ritchie, Cleary, Ceips 4/30/2008 Senate Committee report: Favorable with amendment Judiciary SJ-19 5/1/2008 Scrivener's error corrected 5/21/2008 Senate Committee Amendment Adopted SJ-101 5/22/2008 Senate Amended SJ-33 5/22/2008 Senate Read second time SJ-33 5/27/2008 Senate Read third time and returned to House with amendments SJ-11 5/29/2008 House Concurred in Senate amendment and enrolled HJ-30 5/29/2008 Ratified R 319 6/4/2008 Vetoed by Governor 6/5/2008 House Veto overridden by originating body Yeas-93 Nays-2 HJ-100 6/5/2008 Senate Veto overridden Yeas-43 Nays-0 6/16/2008 Copies available 6/16/2008 Effective date See Act for Effective Date 6/17/2008 Act No. 277
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VERSIONS OF THIS BILL
(A277, R319, H3028)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO DEFINE "FOOD" OR "FOOD PRODUCT" AND TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THAT A FOOD OR A FOOD PRODUCT IS A PRODUCT OF THE STATE OF SOUTH CAROLINA.
Be it enacted by the General Assembly of the State of South Carolina:
Misrepresentation of food origin
SECTION 1. Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-42. (A) For purposes of this section 'food' or 'food product' is an article that is produced, raised, caught, or harvested for human consumption.
(B) It is an unfair trade practice pursuant to Section 39-5-20 knowingly and wilfully to misrepresent food or a food product if the food or food product purports to be or is represented to be a product of South Carolina but is the product of another state, country, or territory.
(C) A provision in this section is not intended to conflict with the enforcement of criminal penalties or other provisions of law relating to the misrepresentation or adulteration of food or food products."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor and applies to all violations occurring after that date.
Ratified the 29th day of May, 2008.
Vetoed by the Governor -- 6/4/08.
Veto overridden by House -- 6/5/08.
Veto overridden by Senate -- 6/5/08.
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