A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-73-10, RELATING TO LIABILITY OF SELLER FOR DEFECTIVE PRODUCT, SO AS TO INCLUDE CHINESE-MADE DIALYSATE OR DIALYSIS PRODUCTS ARE PER SE DEEMED TO BE IN A DEFECTIVE CONDITION AND UNREASONABLY DANGEROUS; BY ADDING SECTION 39-24-70 SO AS TO MAKE IT UNLAWFUL TO SUBSTITUTE WITH CHINESE MADE PRODUCTS; AND BY ADDING SECTION 44-53-60 SO AS TO MAKE IT UNLAWFUL FOR DIALYSATE OR DIALYSIS PRODUCT TO BE FROM CHINA OR TO CONTAIN ALUMNIUM.

 

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

 

SECTION 1.  Section 15-73-10 of the S.C. Code is amended to read:

 

    Section 15-73-10.  (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm caused to the ultimate user or consumer, or to his property, if:

       (a) Thethe seller is engaged in the business of selling such a product,; and

       (b) Itit is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

    (2) The rule stated in subsection (1) shall apply although:

       (a) Thethe seller has exercised all possible care in the preparation and sale of his product,; and

       (b) Thethe user or consumer has not bought the product from or entered into any contractual relation with the seller.

    (3) For the purposes of this section, a dialysate or dialysis product that has been manufactured in China and substituted in place of a product manufactured in the United States of America, or a dialysate or dialysis product containing any aluminum, shall be deemed per se in a defective condition and unreasonably dangerous.

 

SECTION 2.  Chapter 24, Title 39 of the S.C. Code is amended by adding:

 

    Section 39-24-70.  It shall be unlawful for a practitioner to substitute a dialysate or dialysis product with one that has been manufactured in China or contains aluminum or other heavy metals within it for a patient who is under the age of twenty-one years old.

 

SECTION 3.  Chapter 53, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-53-60.  (A) A person shall not knowingly use, sell, prescribe, or distribute a dialysate or dialysis product from China or containing any aluminum within it to a patient under the age of twenty-one years of age.

    (B) The Department of Public shall promulgate regulations to administer and enforce the provisions of this section.

    (C) A person who knowingly sells, prescribes, or distributes a product in violation of this section is guilty of a misdemeanor, and upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year. Each unlawful sale constitutes a separate violation.

 

SECTION 4.  This act takes effect upon approval by the Governor.

 

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