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Indicates Matter Stricken
Indicates New Matter
S. 375
STATUS INFORMATION
General Bill
Sponsors: Senator Sheheen
Document Path: l:\s-res\vas\015ban4.kmm.vas.docx
Companion/Similar bill(s): 3246
Introduced in the Senate on January 18, 2011
Currently residing in the Senate Committee on Judiciary
Summary: Alcoholic energy drinks
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/18/2011 Senate Introduced and read first time (Senate Journal-page 3)
1/18/2011 Senate Referred to Committee on Judiciary
(Senate Journal-page 3)
1/9/2012 Senate Referred to Subcommittee: Rankin (ch), Campsen, Coleman,
Davis, Nicholson
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND ARTICLE 1, CHAPTER 4, TITLE 61 OF THE 1976 CODE, BY ADDING SECTION 61-4-280 TO PROHIBIT THE IMPORTATION, PRODUCTION, MANUFACTURE, DISTRIBUTION, OR SALE OF ALCOHOLIC ENERGY DRINKS AND CAFFEINATED MALT BEVERAGES AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-280. (A) For purposes of this section, 'alcoholic energy drink' and 'caffeinated malt beverage' mean a beverage for which the producer is required to file a formula for approval with the United States Alcohol and Tobacco Trade and Tax Bureau pursuant to Section 25.55 of Title 27 of the Code of Federal Regulations, that is not exempt under subdivision (f) of that code, and is either of the following:
(1) a beverage containing at least 0.5 percent alcohol by volume that is produced by a brewer, as defined in Section 5092 of Title 26 of the United States Code, to which is added or infused caffeine or other stimulants, alone or in combination, including, but not limited to, guarana, ginseng, and taurine; or
(2) a beverage containing at least 0.5 percent alcohol by volume that is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of beer, as described in Section 25.55 of Title 27 of the Code of Federal Regulations, to which is added a flavor or other ingredient containing alcohol, except for a hop extract, and caffeine or other stimulants, alone or in combination, including, but not limited to, guarana, ginseng, and taurine.
(B) A producer, manufacturer, wholesaler, retailer, licensee, person, firm, corporation, or association may not import, produce, manufacture, distribute, sell, or offer for sale alcoholic energy drinks or caffeinated malt beverages in this State.
(C) A person who violates a provision of this section or a rule or regulation promulgated by the department or the division under this section, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both, in the discretion of the court. In addition to the punishment specified in this section, the person must forfeit his permit and is not, for a period of two years thereafter, authorized to engage in a business taxable under the provisions of this chapter.
(D) The department may promulgate rules and regulations to effectuate the purposes of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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