South Carolina General Assembly
119th Session, 2011-2012

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H. 3246

STATUS INFORMATION

General Bill
Sponsors: Reps. Funderburk, Viers, Agnew, Gambrell, Barfield, Jefferson, Williams, Alexander, Loftis, Willis and Murphy
Document Path: l:\council\bills\ggs\22711zw11.docx
Companion/Similar bill(s): 375

Introduced in the House on January 11, 2011
Introduced in the Senate on February 15, 2011
Last Amended on February 9, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Alcoholic energy drinks

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/14/2010  House   Prefiled
  12/14/2010  House   Referred to Committee on Judiciary
   1/11/2011  House   Introduced and read first time (House Journal-page 99)
   1/11/2011  House   Referred to Committee on Judiciary 
                        (House Journal-page 99)
   1/25/2011  House   Member(s) request name added as sponsor: Viers
   1/26/2011  House   Member(s) request name added as sponsor: Agnew, Gambrell
    2/2/2011  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 4)
    2/3/2011  House   Member(s) request name added as sponsor: Barfield, 
                        Jefferson, Williams, Alexander
    2/8/2011  House   Member(s) request name added as sponsor: Loftis
    2/8/2011  House   Requests for debate-Rep(s). Crawford, Hart, Bikas, 
                        Quinn, Viers, Herbkersman, RL Brown, GR Smith, 
                        Atwater, Funderburk, and Brady (House Journal-page 77)
    2/9/2011  House   Member(s) request name added as sponsor: Willis, Murphy
    2/9/2011  House   Amended (House Journal-page 32)
    2/9/2011  House   Read second time (House Journal-page 32)
    2/9/2011  House   Roll call Yeas-102  Nays-13 (House Journal-page 32)
   2/10/2011  House   Read third time and sent to Senate 
                        (House Journal-page 37)
   2/15/2011  Senate  Introduced and read first time (Senate Journal-page 8)
   2/15/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 8)
    3/7/2011  Senate  Referred to Subcommittee: Rankin (ch), Campsen, Coleman, 
                        Davis, Nicholson

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/14/2010
2/2/2011
2/9/2011

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

AMENDED

February 9, 2011

H. 3246

Introduced by Reps. Funderburk, Viers, Agnew, Gambrell, Barfield, Jefferson, Williams, Alexander, Loftis, Willis and Murphy

S. Printed 2/9/11--H.

Read the first time January 11, 2011.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-280 SO AS TO PROHIBIT THE IMPORTATION, PRODUCTION, MANUFACTURE, DISTRIBUTION, OR SALE OF ALCOHOLIC ENERGY DRINKS AND CAFFEINATED MALT BEVERAGES AND TO PROVIDE PENALTIES.

Amend Title To Conform

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

SECTION    1.    Article 1, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-280.    (A)    A producer, manufacturer, wholesaler, retailer, licensee, person, firm, corporation, or association may not import, produce, manufacture, distribute, sell, or offer for sale alcoholic energy drinks or caffeinated malt beverages in this State.

(B)    For purposes of this section, 'alcoholic energy drink' and 'caffeinated malt beverage' mean a prepackaged alcoholic or malt beverage in which caffeine or other stimulants including, but not limited to, guarana, ginseng, and taurine have been intentionally added as a food additive to the beverage. For purposes of this section, the term 'food additive' has the same meaning as defined in Section 201(s) of the Federal Food, Drug, and Cosmetic Act. This section does not apply to alcoholic or malt beverages made with ingredients that contain naturally occurring caffeine, including but not limited to, coffee, cola, tea, cacao, or extracts derived from these foods.

(C)    A person or entity identified in subsection (A) who violates a provision of this section or a rule or regulation promulgated by the department or the division under this section, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both, in the discretion of the court. In addition to the punishment specified in this section, a person must forfeit his permit and is not authorized, for a period of two years after conviction, to engage in a business taxable under the provisions of this chapter.

(D)    The department may promulgate rules and regulations to effectuate the purposes of this section."

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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