H*3640(Rat #0401, Act #0338 of 2006)  General Bill, By White and Cooper
 AN ACT 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. - ratified title

   02/24/05  House  Introduced and read first time HJ-12
   02/24/05  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-12
   04/19/05  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-9
   04/26/05  House  Amended HJ-41
   04/26/05  House  Read second time HJ-42
   04/27/05  House  Read third time and sent to Senate HJ-15
   04/28/05  Senate Introduced and read first time SJ-12
   04/28/05  Senate Referred to Committee on Medical Affairs SJ-12
   05/24/06  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-15
   05/25/06         Scrivener's error corrected
   05/30/06  Senate Amended SJ-12
   05/30/06  Senate Read second time SJ-12
   05/31/06  Senate Read third time and returned to House with amendments
   05/31/06  House  Non-concurrence in Senate amendment HJ-227
   06/01/06  Senate Senate insists upon amendment and conference
                     committee appointed Short, Fair, and Cleary SJ-61
   06/01/06  House  Conference committee appointed Reps. MA Pitts,
                     White, and Branham HJ-61
   06/01/06  House  Conference report received and adopted HJ-189
   06/01/06  Senate Conference report adopted
   06/01/06  House  Ordered enrolled for ratification HJ-202
   06/07/06         Ratified R 401
   06/08/06         Signed By Governor
   06/12/06         Copies available
   06/12/06         Effective date 06/08/06
   06/16/06         Act No. 338

(A338, R401, H3640)

AN ACT 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 GROUND 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 GROUND BEEF COOKED BELOW ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT.

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

Temperature to which ground beef must be cooked; exception

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 than 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."

Time effective

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

Ratified the 7th day of June, 2006.

Approved the 8th day of June, 2006.