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COMMITTEE REPORT
February 13, 2008
H. 3028
Introduced by Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick and Hagood
S. Printed 2/13/08--H. [SEC 2/14/08 1:49 PM]
Read the first time January 9, 2007.
To whom was referred a Bill (H. 3028) to amend the Code of Laws of South Carolina, 1976, by adding Section 39-5-42 so as to make it an unfair trade practice knowingly and wilfully to misrepresent, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting all after the enacting clause and inserting:
/SECTION 1. Article 1, Chapter 5, Title 39 is amended by adding:
"Section 39-5-32. (A) For purposes of this section 'food' or 'food product' is an article that is produced, raised, hunted, trapped, caught, harvested, manufactured, or processed for human consumption.
(B) It is unfair trade practice pursuant to Section 39-5-20 knowingly and wilfully to misrepresent the identity of food or a food product in connection with the sale, offer for sale, barter, trafficking in, or other distribution or offer of distribution of the food or food product.
(C) The identity of food or a food product is misrepresented if the:
(1) food or food product is served, sold, or otherwise distributed or offered for distribution under the name of another food or food product;
(2) food or food product purports to be or is represented to be a product of the State of South Carolina but is actually the product of another state; or
(3) food or food product is misrepresented as meeting the definition of identity or standard of quality as established by law or, absent a legal definition or standard, as established by custom and usage."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor and applies to all violations occurring after that date./
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THE IDENTITY OF FOOD OR A FOOD PRODUCT THAT IS SERVED, SOLD, OR OTHERWISE COMMERCIALLY DISTRIBUTED OR OFFERED FOR DISTRIBUTION, TO SPECIFY ACTS OF MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT, AND TO PROVIDE FOR CRIMINAL, CIVIL, AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 5, Title 39 is amended by adding:
"Section 39-5-42. (A) It is unfair trade practice pursuant to Section 39-5-20 knowingly and wilfully to misrepresent the identity of food or a food product in connection with the sale, offer for sale, barter, trafficking in, or other distribution or offer of distribution of the food or food product.
(B) The identity of food or a food product is misrepresented if the:
(1) description of the food or food product is misleading in any particular;
(2) food or food product is served, sold, or otherwise distributed or offered for distribution under the name of another food or food product;
(3) food or food product purports to be or is represented to be a product of the State of South Carolina but is actually the product of another state; or
(4) food or food product is misrepresented as meeting the definition of identity or standard of quality as established by law or, absent a legal definition or standard, as established by custom and usage.
(C) A person who violates this section is guilty of a misdemeanor and upon conviction must be imprisoned not more than sixty days or fined not more than five hundred dollars, or both, for each offense. This penalty is in addition to and cumulative of all other remedies at law, including the provisions of this article, pursuant to Section 39-5-160."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor and applies to all violations occurring after that date.
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