South Carolina General Assembly
115th Session, 2003-2004

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S. 1051

STATUS INFORMATION

General Bill
Sponsors: Senator Waldrep
Document Path: l:\council\bills\bbm\10028sj04.doc

Introduced in the Senate on March 11, 2004
Currently residing in the Senate Committee on Agriculture and Natural Resources

Summary: Food safety, Commissioner of Agriculture to promulgate regulations

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/11/2004  Senate  Introduced and read first time SJ-2
   3/11/2004  Senate  Referred to Committee on Agriculture and Natural 
                        Resources SJ-2

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/11/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 39-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT ARE PROHIBITED WITH REGARD TO ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO CLARIFY THAT A SECTION APPLIES TO A FOOD OR COSMETIC AND TO PROHIBIT MANUFACTURING, PROCESSING, OR PACKING FOOD WITHOUT A VALID PERMIT; BY ADDING SECTION 39-25-115 SO AS TO PROVIDE THAT THE COMMISSIONER SHALL PROMULGATE REGULATIONS PROVIDING FOR PERMITS TO BE ISSUED TO MANUFACTURERS, PROCESSORS, OR PACKERS IF THE COMMISSION FINDS THAT THE FOOD MAY BE HARMFUL TO HEALTH, TO PROVIDE CONDITIONS FOR THE PERMITS, AND TO PROVIDE THAT AN OFFICER OR EMPLOYEE DESIGNATED BY THE COMMISSIONER SHALL HAVE ACCESS TO ANY FACTORY OR ESTABLISHMENT FOR CERTAIN PURPOSES; TO AMEND SECTION 39-25-180, RELATING TO REGULATIONS REGARDING ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO ADOPT THE FEDERAL REGULATIONS ISSUED RELATING TO GOOD MANUFACTURING, THERMALLY PROCESSED LOW-ACID FOODS PACKAGED IN HERMETICALLY SEALED CONTAINERS, ACIDIFIED FOODS, AND FISH AND FISHERY PRODUCTS; TO AMEND SECTION 39-25-190, RELATING TO THE COMMISSIONER'S AUTHORITY TO ENTER AND INSPECT PREMISES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL DO ANALYTICAL WORK, PERFORM LABORATORY SERVICES, AND ESTABLISH AND COLLECT REASONABLE FEES FOR THE LABORATORY SERVICES REGARDING FOOD SAFETY; AND BY ADDING SECTION 39-25-220 SO AS TO ALLOW THE COMMISSIONER TO PROMULGATE REGULATIONS AND ADOPT RULES AND STANDARDS FOR THE LABELING AND CERTIFICATION USING THE "SOUTH CAROLINA QUALITY" LABEL.

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

SECTION    1.    Section 39-25-30(e) of the 1976 Code is amended to read:

"(e)    The dissemination of any false advertisement regarding a food or cosmetic."

SECTION    2.    Section 39-25-30 of the 1976 Code is amended by adding item (l) at the end to read:

"(l)    Operating without a valid permit pursuant to Section 46-3-20."

SECTION    3.    Chapter 25, Title 39 of the 1976 Code is amended by adding:

"Section 39-25-115.    (A)    If, upon investigation, the commissioner finds the distribution in South Carolina of a class of food may be harmful to health, by reason of contamination with microorganisms during manufacture, processing, or packaging of the food in any area, and that the harmful nature cannot be adequately determined after the food articles have entered commerce, the commissioner shall promulgate regulations providing for permits to be issued to manufacturers, processors, or packers of this class of food in the area. The permits must have certain conditions governing the manufacture, processing, or packing of this class of food for a temporary period of time necessary to protect the public health. After the effective date of the regulations and during the temporary period, a person may not introduce or deliver for introduction into commerce this class of food manufactured, processed, or packed by a manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the commissioner as provided by the regulations.

(B)    An officer or employee designated by the commissioner shall have access to any factory or establishment, the operator of which holds a permit from the Department of Agriculture, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for this inspection is grounds for suspension of the permit until the owner or operator permits access.

SECTION    4.    Section 39-25-180 of the 1976 Code is amended to read:

"Section 39-25-180.    (a)    The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the commissioner. The commissioner is hereby authorized to make the regulations promulgated under pursuant to this chapter conform, insofar as if practicable, with those promulgated under pursuant to the federal act.

(b)    Hearings authorized or required by this chapter shall must be conducted by the commissioner or such another officer, agent, or employee as the commissioner may designate for the purpose.

(c)    All pesticide Pesticide chemical regulations and their amendments now or hereafter adopted under pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are the pesticide chemical regulations in this State. However, the commissioner may adopt a regulation which that prescribes tolerances for pesticides in finished foods in this State whether or not in accordance with regulations promulgated under pursuant to the federal act.

(d)    All food Food additive regulations and their amendments now or hereafter adopted under pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are the food additive regulations in this State. However, the commissioner may adopt a regulation which that prescribes conditions under which a food additive may be used in this State whether or not in accordance with regulations promulgated under pursuant to the federal act.

(e)    All color Color additive regulations and their amendments now or hereafter adopted under pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are the color additive regulations in this State. However, the commissioner may adopt a regulation which that prescribes conditions under which a color additive may be used in this State whether or not in accordance with regulations promulgated under pursuant to the federal act.

(f)    All special Special dietary use regulations and their amendments now or hereafter adopted under pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are the special dietary use regulations in this State. However, the commissioner may, if he finds it necessary to inform purchasers of the value of a food for special dietary use, may prescribe special dietary use regulations whether or not in accordance with regulations promulgated under pursuant to the federal act.

(g)    All regulations Regulations and their amendments now or hereafter adopted under pursuant to the Fair Packaging and Labeling Act shall be are the regulations in this State. However, the commissioner may, if he finds it necessary in the interest of consumers, may prescribe packaging and labeling regulations for consumer commodities, whether or not in accordance with regulations promulgated under pursuant to the federal act; provided, that no such regulations shall must not be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to Section 4 of the Fair Packaging and Labeling Act and the regulations promulgated thereunder pursuant to this act.

(h)    The good manufacturing practice regulations and their amendments adopted pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are adopted by this State. However, the commissioner may adopt a regulation that prescribes conditions pursuant to which good manufacturing processes may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act.

    (i)        Regulations and their amendments adopted regarding thermally processed low-acid foods packaged in hermetically sealed containers pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are adopted by this State. However, the commissioner may adopt a regulation that prescribes conditions pursuant to which thermally processed low-acid foods packaged in hermetically sealed containers may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act.

    (j)        Regulations and their amendments adopted regarding acidified foods, pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are adopted by this State. However, the commissioner may adopt a regulation that prescribes conditions pursuant to which acidified foods may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act.

    (k)    Regulations and their amendments adopted regarding fish and fishery products, pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are adopted by this State. However, the commissioner may adopt a regulation that prescribes conditions pursuant to which fish and fishery products may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act.

    (l)        Regulations and their amendments adopted regarding Hazard Analysis and Critical Control Systems pursuant to the authority of the Federal Food, Drug, and Cosmetic Act are adopted by this State. However, the commissioner may adopt a regulation that prescribes conditions pursuant to which Hazard Analysis and Critical Control Systems may be used in this State whether or not in accordance with regulations promulgated pursuant to the federal act.

(m)    A federal regulation automatically adopted pursuant to this chapter takes effect in this State on the date it becomes effective as a federal regulation. The commissioner shall publish all other proposed regulations in the official State newspaper or publication prescribed by the commissioner. A person who may be adversely affected by a regulation may, within thirty days after a federal regulation is automatically adopted, or within thirty days after publication of any other another regulation, may file objections with the commissioner, in writing, and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation in the State of South Carolina.

If no substantial objections are not received and no a hearing is not requested within thirty days after publication of a proposed regulation, it shall take takes effect on a date set by the commissioner. The effective date shall must be at least sixty days after the time for filing objections has expired.

If timely substantial objections are made to a federal regulation within thirty days after it is automatically adopted or to a proposed regulation within thirty days after it is published, the commissioner, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The commissioner shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall must be based on substantial evidence in the record of the hearing. If the order concerns a federal regulation, it may reinstate, rescind, or modify it. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall must be at least sixty days after publication of the order."

SECTION    5.    Section 39-25-190 of the 1976 Code is amended by adding subsections (e), (f), and (g) at the end to read:

"(e)    The analytical work necessary for the proper enforcement of this law and rules adopted by the department in regard to food must be done by or under the direction of the department and is prima facie evidence in a court of this State.

(f)    The department may perform laboratory services relating to, or having potential impact on, food safety or the compliance of food with the requirements of this chapter for a person or public agency.

(g)    The department may establish and collect reasonable fees for the laboratory services performed pursuant to subsection (f) or to recover the cost of verifying compliance with the provisions of this chapter or rules promulgated pursuant to this chapter. The fees must be deposited into the State Treasurer's account for agriculture and must be used solely for the recovery of costs for the services provided."

SECTION    6.    Chapter 25, Title 39 of the 1976 Code is amended by adding:

"Section 39-25-220.    The commissioner may promulgate regulations and adopt rules and standards for the labeling and certification of South Carolina food products using the 'South Carolina Quality' label."

SECTION    7.    This act takes effect upon approval by the Governor.

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