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TO AMEND SECTION 16-17-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF TOBACCO PRODUCT SAMPLES, SO AS TO PROVIDE THAT IT IS ILLEGAL TO DISTRIBUTE A TOBACCO PRODUCT SAMPLE AND TO REVISE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-502 of the 1976 Code is amended to read:
"Section 16-17-502. (A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.
(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.
(C) A person violating who violates the provisions of this section is subject to a civil penalty of not more than twenty-five dollars for a first violation, not more than fifty dollars for a second violation, and not less than one hundred dollars for a third or subsequent violation. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section. must for a:
(1) first or second offense, be fined not less than two hundred dollars nor more than five hundred dollars; and
(2) third offense within three years of the first offense, be fined not less than five hundred dollars.
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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