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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-300 SO AS TO CREATE WITHIN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE BUREAU OF CONSUMER SAFETY, TO PROVIDE THAT THIS BUREAU SHALL ESTABLISH A REGISTER OF COUNTRIES AND OTHER JURISDICTIONS OUTSIDE THE UNITED STATES THAT FAIL ADEQUATELY TO PROVIDE FOR HEALTH AND SAFETY IN THE MANUFACTURE OF TOYS, GAMES, AND CLOTHING FOR CHILDREN AND HEALTH AND BEAUTY AIDS FOR ALL AGES THAT ARE SHIPPED TO OR THROUGH THIS STATE, TO PROVIDE THAT THE BUREAU SHALL CONDUCT HEALTH AND SAFETY INSPECTIONS OF CONSIGNMENTS OF THESE GOODS FROM COUNTRIES OR OTHER JURISDICTIONS ON THE REGISTER, TO PROVIDE THAT GOODS PASSING INSPECTION MAY BE TRANSSHIPPED AND GOODS FAILING INSPECTION ARE DESTROYED, TO PROVIDE FOR APPEALS, AND TO PROVIDE THAT THE BUREAU BY REGULATION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL IMPOSE INSPECTION FEES SUFFICIENT TO OFFSET THE ENTIRE COST OF THE OPERATIONS OF THE BUREAU.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-300. (A) There is established within the Department of Health and Environmental Control the Bureau of Consumer Safety (bureau). The bureau shall establish and periodically update a register of countries or jurisdictions outside the United States in which are manufactured toys, games, and clothing for children, and health and beauty aids for all ages that are shipped to or through this State on the way to the ultimate retailer which the bureau has determined to have health and safety standards that are inadequate to protect the health and safety of residents of this State who are or may be users of these products. Countries or other jurisdictions must be notified before they may be placed in the register and they may appeal that determination as a contested case pursuant to the Administrative Procedures Act.
(B) Each consignment of goods originating in a county or jurisdiction in the register when received in this State for transshipment to wholesalers or distributors must be inspected by bureau personnel. Goods determined by the bureau to meet the appropriate health and safety standards established by the bureau by regulations promulgated by the department, upon receipt of the bureau's 'passed inspection' seal, may be transshipped. Goods, which fail inspection, upon proper notice, and after opportunity for a hearing as a contested case pursuant to the Administrative Procedures Act, are declared contraband and must be destroyed.
(C) An inspection fee in an amount set by the bureau by regulations promulgated by the department sufficient to offset the entire cost of the bureau's operations must be paid before any inspection pursuant to this section and no goods may be transshipped unless they have passed bureau inspection."
SECTION 2. This act takes effect upon approval by the Governor and applies for goods received in this State after 2008.
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