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Indicates Matter Stricken
Indicates New Matter
February 20, 2008
Introduced by Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson
S. Printed 2/20/08--H.
Read the first time January 9, 2007.
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.
Amend Title To Conform
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 39-5-32. (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 that is materially different from that which it is represented to be;
(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, country, or territory; or
(3) food or food product is misrepresented as meeting the definition of identity or standard of quality as established by law.
(D) A food or food product is not materially different from that which it is represented to be if it meets the generic description established by custom and usage.
(E) This section does not apply to a menu item that is temporarily unavailable if the temporary unavailability is disclosed to the customer."
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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