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Current Status Bill Number:View additional legislative information at the LPITS web site.3826 Ratification Number:166 Act Number:92 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990406 Primary Sponsor:Battle All Sponsors:Battle Drafted Document Number:l:\council\bills\bbm\9178som99.doc Date Bill Passed both Bodies:19990602 Date of Last Amendment:19990519 Governor's Action:S Date of Governor's Action:19990611 Subject:Cigarettes, illegal packages of unlawful; penalties for selling, Crimes and Offenses, Agriculture, Tobacco History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A92 ------ 19990611 Signed by Governor ------ 19990609 Ratified R166 Senate 19990602 Read third time, enrolled for ratification Senate 19990601 Read second time, notice of general amendments Senate 19990526 Recalled from Committee, 11 SJ placed on the Calendar Senate 19990525 Introduced, read first time, 11 SJ referred to Committee House 19990520 Read third time, sent to Senate House 19990519 Read second time House 19990519 Amended House 19990518 Request for debate withdrawn by Representative J.H. Neal House 19990513 Request for debate withdrawn by Representative Hawkins Carnell Phillips House 19990513 Request for debate withdrawn by Representative McCraw Neilson J. Hines Wilder Klauber Taylor House 19990511 Request for debate by Representative Carnell Wilder Taylor McCraw Hawkins Klauber Neilson J. Hines J.H. Neal House 19990511 Objection by Representative Phillips Kirsh House 19990511 Reconsidered vote whereby debate was adjourned until Tuesday, 19990525 House 19990506 Debate adjourned until Tuesday, 19990525 House 19990505 Committee report: Favorable with 25 HJ amendment House 19990406 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on May 5, 1999 - Word format Revised on May 19, 1999 - Word format Revised on May 26, 1999 - Word format
(A92, R166, H3826)
AN ACT TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING, HOLDING FOR SALE, OR DISTRIBUTING A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT LAW ENFORCEMENT MAY SEIZE, DESTROY, OR SELL TO THE MANUFACTURER, FOR EXPORT ONLY, THE ILLEGAL PACKAGE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Cigarette packages that violate federal labeling and advertising law; illegal to sell or distribute; misdemeanor; seizure
SECTION 1. The 1976 Code is amended by adding:
"Section 16-17-505. (1) For purposes of this section, 'package' means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution to consumers.
(2) It is unlawful to sell, hold for sale, or distribute a package of cigarettes if:
(a) the package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331, for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States;
(b) the package is labeled 'For Export Only', 'U.S. Tax Exempt', 'For Use Outside U.S.', or similar wording indicating that the manufacturer did not intend that the product be sold in the United States;
(c) the package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in (a) or (b) of this subsection;
(d) the package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. 5754; or
(e) the package in any way violates federal trademark or copyright laws.
(3) A person who knowingly sells, holds for sale, or distributes cigarette packages in violation of subsection (2) is guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than three years or fined not more than one thousand dollars, or both.
(4) In addition to the other penalties provided by law, law enforcement may seize and destroy or sell to the manufacturer, for export only, any packages described in subsection (2)."
Severability clause
SECTION 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
Time effective
SECTION 3. This act takes effect January 1, 2000.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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