Current StatusView additional legislative information at the LPITS web site.Bill Number: 398 Ratification Number: 349 Act Number 325 Introducing Body: Senate Subject: Relating to the shipping of alcoholic liquors into this state
(A325, R349, S398)
AN ACT TO AMEND SECTION 61-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHIPPING OF ALCOHOLIC LIQUORS INTO THIS STATE, SO AS TO RESTRICT THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS TO THE AMERICAN PRODUCER OR THE PRIMARY AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES, AND TO MAKE IT UNLAWFUL FOR ANY WHOLESALER TO ORDER, PURCHASE OR RECEIVE ANY ALCOHOLIC BEVERAGES FROM ANY PRODUCER WHO IS NOT THE AMERICAN PRIMARY SOURCE OF SUPPLY AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-625, SO AS TO MAKE IT UNLAWFUL FOR ANY WHOLESALER TO ORDER, PURCHASE OR RECEIVE ANY WINE FROM ANY PRODUCER WHO IS NOT THE AMERICAN PRIMARY SOURCE OF SUPPLY AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Registration of alcoholic liquors--unlawful to order or purchase etc. from producer not primary source of supply
Section 1. Section 61-7-60 of the 1976 Code is amended to read:
"Section 61-7-60. No person other than a registered producer shall ship or move, or cause to be shipped or moved, any alcoholic liquors from a point outside South Carolina to a point within the geographic limits of South Carolina, and then only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of such brand as herein defined, and it shall be unlawful for any wholesaler in this State to order, purchase or receive any alcoholic beverages from any producer who is not the primary American source of supply for the brand ordered, purchased or received. The term primary American source of supply means the manufacturer, distiller, vintner, winery, or owner of vinous or spirituous beverages at the time same becomes a marketable product, or bottler, or the exclusive agent of any such person, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer."
Unlawful for wholesaler to order wine from producer not primary source of supply
Section 2. The 1976 Code is amended by adding:
"Section 61-9-625. No person other than a registered producer shall ship or move, or cause to be shipped or moved, any wine from a point outside South Carolina to a point within the geographic limits of South Carolina, and then only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of such brand as herein defined, and it shall be unlawful for any wholesaler in this State to order, purchase or receive any wine from any producer who is not the primary American source of supply for the brand ordered, purchased or received. The term primary American source of supply means the manufacturer, distiller, vintner, winery, or owner of vinous or spirituous beverages at the time same becomes a marketable product, or bottler, or the exclusive agent of any such person, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. The provisions of this section shall not apply to any person who produces wine solely in this State and who subsequently ships or sells such wine solely in this State."
Time effective
Section 3. This act shall take effect upon approval by the Governor.