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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-185 SO AS TO DEFINE CERTAIN TERMS, PROHIBIT THE USE OF CERTAIN SCAN-BACK OR SCAN-DOWN REBATES TO RETAILERS OF BEER, WINE, OR ALCOHOLIC LIQUORS, AND TO PROVIDE A PENALTY FOR A VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 2, Title 61 of the 1976 Code is amended by adding:
"Section 61-2-185. (A) For the purposes of this section, a 'scan-back' or 'scan-down' means a rebate paid to a retailer by a brewer, vintner, manufacturer, distiller, wholesaler, or importer, directly or indirectly, or through a clearinghouse for sales that are recorded by a scanner at the time the consumer purchases certain products of that brewer, vintner, manufacturer, distiller, wholesaler, or importer or to a clearinghouse for payment of the rebate.
(B) Notwithstanding another provision of law, scan-backs and scan-downs are prohibited pursuant to this section. However, the provisions of this section do not limit or restrict current coupon practices other than scan-backs and scan-downs, as defined in this section, which are not permissible in the State.
(C) Any brewer, vintner, manufacturer, distiller, wholesaler, importer, or retailer violating the provisions of this section is subject to a civil fine of one hundred dollars for each sale recorded by scanner at the time of purchase by the consumer.
(D) The department shall promulgate regulations to implement the provisions of this section.
(E) The provisions of this section do not apply to scan-back or scan-down offers made prior to the effective date of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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