South Carolina General Assembly

116th Session, 2005-2006

H. 3613

STATUS INFORMATION

General Bill

Sponsors: Reps. Kirsh, Sandifer, Clemmons and Duncan

Document Path: l:\council\bills\ms\7302ahb05.doc

Companion/Similar bill(s): 3118

Introduced in the House on February 23, 2005

Introduced in the Senate on May 3, 2005

Last Amended on April 27, 2005

Currently residing in the Senate Committee on Judiciary

Summary: Common Sense Consumption Act

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

2/23/2005 House Introduced and read first time HJ8

2/23/2005 House Referred to Committee on Judiciary HJ8

4/19/2005 House Committee report: Favorable with amendment Judiciary HJ65

4/20/2005 Scrivener's error corrected

4/27/2005 House Member(s) request name added as sponsor: Clemmons, Duncan

4/27/2005 House Amended HJ27

4/27/2005 House Read second time HJ28

4/28/2005 House Read third time and sent to Senate HJ10

5/3/2005 Senate Introduced and read first time SJ19

5/3/2005 Senate Referred to Committee on Judiciary SJ19

5/9/2005 Senate Referred to Subcommittee: Martin (ch), Gregory, Elliott, Hawkins

VERSIONS OF THIS BILL

2/23/2005

4/19/2005

4/20/2005

4/27/2005

AMENDED

April 27, 2005

H.3613

Introduced by Reps. Kirsh, Sandifer, Clemmons and Duncan

S. Printed 4/27/05--H.

Read the first time February 23, 2005.

[3613-1]

A BILL

TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE “COMMON SENSE CONSUMPTION ACT”, TO DEFINE THE TERMS “PARTY” AND “LONGTERM CONSUMPTION”, AND TO PROVIDE THAT A MANUFACTURER, PACKER, DISTRIBUTOR, CARRIER, HOLDER, MARKETER, SELLER, OR AN ASSOCIATION OF ONE OR MORE OF THESE ENTITIES IS NOT SUBJECT TO CIVIL LIABILITY IN AN ACTION BASED ON A PERSON’S PURCHASE OR CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES WHEN LIABILITY IS BASED ON WEIGHT GAIN, OBESITY, OR A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY RESULTING FROM THE PERSON’S LONGTERM CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES.

Amend Title To Conform

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

SECTION 1. Chapter 3, Title 15 of the 1976 Code is amended by adding:

“Article 9

Common Sense Consumption Act

Section 1531000. This article may be cited as the ‘Common Sense Consumption Act’.

Section 1531010. As used in this article:

(1) ‘Party’ means an individual, corporation, company, association, firm, partnership, society, joint stock company, another entity, including a governmental entity; and

(2) ‘Longterm consumption’ means the cumulative effect of the consumption of food or nonalcoholic beverages. ‘Longterm consumption’ does not mean the effect of a single instance of consumption.

Section 1531020. (A) A manufacturer, packer, distributor, carrier, holder, marketer, seller, or an association of one or more of these entities of a food or nonalcoholic beverage intended for human consumption is not subject to civil liability in an action brought by a party on or after the effective date of this article or in an action pending on the effective date of this article based on a person’s purchase or consumption of food or nonalcoholic beverages in a case when liability is based on weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the person’s longterm purchase or consumption of food or nonalcoholic beverages.

(B) In an action to dismiss one or more claims pursuant to the provisions of this article, all discovery and other proceedings are stayed while a motion to dismiss is pending.

(C) The provisions of this section apply only when a manufacturer, packer, distributor, carrier, holder, seller, or marketer of a food, as defined in Section 201(f) of the federal Food and Cosmetic Act, establishes it has complied with the content and nutrition labeling disclosure provisions of 21 C.F.R. Section 101.1 through 101.108, with the FDA Nutrition Labeling Manual (1988 Edition), and with the Good Manufacturing Practice in Manufacturing, Packaging, and Holding Human Food, 21 C.F.R. Section 101.110, et seq., so that a consumer has ready access to this information and may be informed about the content and nutritional value of the food prior to consumption.

(D) A retail establishment that serves food and nonalcoholic beverages complies with the provisions of this section by making information available upon request to the consumer.”

SECTION 2. This act takes effect upon approval by the Governor.

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