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COMMITTEE AMENDMENT ADOPTED
April 15, 2004
S. 814
S. Printed 4/15/04--S.
Read the first time January 13, 2004.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-755 SO AS TO PROHIBIT THE SALE OF RETAIL MERCURY FEVER THERMOMETERS AND PROVIDE THAT A VIOLATION IS A MISDEMEANOR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-755. (A) It is unlawful for a person to sell or supply, including through the internet, retail mercury fever thermometers, except in the case of a medical necessity as determined by a licensed physician or by prescription. Manufacturers of mercury fever thermometers sold or supplied in this State for use in the case of a medical necessity shall furnish clear instructions on the careful handling of these thermometers to avoid breakage and proper cleanup should a breakage occur. This section does not apply to digital thermometers using mercury-added button cell batteries.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars.
(C) A person who collects or sells mercury fever thermometers as antiques or collectibles and not for medicinal purposes is exempt from the provisions of this section."
SECTION 2. This act takes effect six months after approval by the Governor.
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