Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED
June 1, 2006
H. 3640
S. Printed 5/30/06--S.
Read the first time April 28, 2005.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER, TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED BELOW ONE HUNDRED FIFTY FIVE DEGREES FAHRENHEIT UPON REQUEST OF THE PURCHASER IF THE FOOD SERVICE PROVIDER PROVIDES ADVANCE WRITTEN NOTICE OF THE RISKS OF EATING SUCH GROUND BEEF, AND TO PROVIDE THAT A CONSUMER OR PURCHASER MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO ORDER BEEF COOKED BELOW ONE HUNDRED FIFTY FIVE DEGREES FAHRENHEIT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-145. (A) Notwithstanding any other provision of law, ground beef or any food containing ground beef prepared by a food service provider for public consumption must be cooked to heat all parts of the food to at least one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), unless otherwise ordered by the immediate consumer.
(B) The food service provider, its business or its employees or agents, are not liable for any adverse affects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less then one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius) if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), and be given to the purchaser:
(1) in writing;
(2) as stated on the menu; or
(3) by visible sign warning.
(C) In order for an immediate consumer or purchaser, as used in this section, to request or order ground beef to be cooked to a temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), the individual must be eighteen years of age or older."
SECTION 2. This act takes effect upon approval by the Governor.
/s/Sen. Linda H. Short /s/Rep. W. Brian White
/s/Sen. Michael L. Fair /s/Rep. Lester P. Branham
/s/Sen. Ray Cleary /s/Rep. Michael A. Pitts
On Part of the Senate. On Part of the House.
This web page was last updated on Tuesday, June 23, 2009 at 2:26 P.M.