Indicates Matter Stricken

Indicates New Matter

 

Committee Report

January 28, 2025

 

S. 103

 

Introduced by Senators Climer, Kimbrell, Verdin, Leber and Zell

 

S. Printed 1/28/25--S.

Read the first time January 14, 2025

 

________

 

The committee on Senate Agriculture and Natural Resources

To whom was referred a Bill (S. 103) to amend the South Carolina Code of Laws by amending Section 47-17-510, relating to the prohibition against misleading or deceptive practices, labeling, or misrepresenting, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 47-17-510(B) and (C) and inserting:

    Section 47-17-510. (A) A person who advertises, offers for sale, or sells all or part of a carcass shall not engage in any misleading or deceptive practices, labeling, or misrepresenting a product as "meat" or "clean meat" that is cell-cultured meat/protein, or is not derived from harvested production livestock, poultry, fish, or crustaceans. For the purposes of this section, :

       (1) "artificial or cell-cultivated food product" means any food product developed in a laboratory or facility and grown from a sample biopsy of living animal cells including, but not limited, to livestock, poultry, fish, or crustaceans, or other animal protien.; and

       (2) "sells, or holds or offers for sale" does not include retail sales except under the circumstances where a retailer is also the manufacturer.

(B) It shall be unlawful for any person to label any artificial or cell-cultivated food product as beef, poultry, fish, crustacean, or any other animal protein that the artificial or cell-cultivated food product may resemble for the purposes of advertising, manufacturing, selling, or holding or offering for sale in this State.

(C) Any No person who advertises, manufactures, sells, or holds or offers for sale any artificial or cell-cultivated food product in this State shall engage in a misleading or deceptive practice related to an artificial or cell-cultivated food product, including, but not limited to, misrepresenting an artificial or cell-cultivated food product as being derived from harvested production beef, poultry, fish, crustacean, or other animal protein. The front of all must place a notice on the artificial or cell-cultivated food's food product packaging must contain a conspicuous label that indicates that the artificial or cell-cultivated food product is not beef, poultry, fish, crustacean, or any other animal protein that the artificial or cell-cultivated food product may resemble. The notice on the packaging shall be at a minimum twenty percent of the front of the packaging and must be prominently printed in a font size no smaller than sixteen. Further, the notice shall state: "This product contains protein that was developed in a lab and grown from a biopsy of animal cells. The protein in this product is not naturally grown beef, poultry, fish, crustacean, or any other animal protein."

Amend the bill further, SECTION 1, by deleting Section 47-17-510(E) from the bill.

Renumber sections to conform.

Amend title to conform.

 

WES CLIMER for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill defines cell-cultivated food products and requires that any cell-cultivated food product in the state must have a notice on the packaging that indicates that it is not naturally grown beef, poultry, fish, crustacean, or any other animal protein. The notice must meet the specifications as required by this bill, including the minimum size of the label and font size. This bill also makes it unlawful for any person to label any cell-cultivated food product as any other animal protein that the cell-cultivated product may resemble.

 

Currently, it is a misdemeanor offense for a person who advertises or sells cell-cultivated meat to misrepresent it as "meat" or "clean meat." This bill replaces existing labeling requirements for cell-cultivated food products with more defined requirements and specifies that each package that violates these provisions is a separate and distinct misdemeanor offense.

 

For information, based on the FDA's Human Food Made with Cultured Animal Cells Inventory, there are currently two U.S. companies who have completed pre-market assessments with the FDA. However, one of the companies states on its website that tastings for U.S. consumers are currently paused, while the other states that consumers may be able to try the products through chef and restaurant providers, but it does not currently list any existing providers.

 

Department of Agriculture. This bill specifies that the Department of Agriculture may promulgate regulations as necessary to implement this section. The department indicates that any increase in workload due to enforcing provisions of this bill can be managed with existing staff and resources. Therefore, this bill will have no expenditure impact for the department.

 

Judicial. Judicial reports that the implementation of this bill may increase court cases due to the new specification that each package violating a cell-cultured food provision constitutes a separate misdemeanor offense. While the increase in the number of court cases due to this bill is unknown, Judicial anticipates that any increase in caseload can be managed using existing staff and appropriations. Therefore, the bill will result in no expenditure impact for Judicial. For reference, there were no cases disposed under the existing cell-cultured food product statue from July 1, 2023, to June 6, 2024.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 47-17-510, RELATING TO THE PROHIBITION AGAINST MISLEADING OR DECEPTIVE PRACTICES, LABELING, OR MISREPRESENTING PRODUCT THAT IS CELL-CULTURED MEAT, SO AS TO DEFINE CELL-CULTIVATED FOOD PRODUCT AND REQUIRE THE ACCURATE LABELING OF CELL-CULTIVATED FOOD PRODUCT.

 

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

 

SECTION 1.  Section 47-17-510 of the S.C. Code is amended to read:

 

    Section 47-17-510. A person who advertises, offers for sale, or sells all or part of a carcass shall not engage in any misleading or deceptive practices, labeling, or misrepresenting a product as "meat" or "clean meat" that is cell-cultured meat/protein, or is not derived from harvested production livestock, poultry, fish, or crustaceans. For the purposes of this section, "cell-cultivated food product" means any food product developed in a laboratory or facility and grown from a sample of living animal cells including, but not limited, to livestock, poultry, fish, or crustaceans.

(B) It shall be unlawful for any person to label any cell-cultivated food product as beef, poultry, fish, crustacean, or any other animal protein that the cell-cultivated food product may resemble for the purposes of manufacturing, selling, or holding or offering for sale in this State.

(C) Any person who manufactures, sells, or holds or offers for sale any cell-cultivated food product in this State must place a notice on the cell-cultivated food's packaging that indicates that the cell-cultivated food product is not beef, poultry, fish, crustacean, or any other animal protein that the cell-cultivated food product may resemble. The notice on the packaging shall be at a minimum twenty percent of the front of the packaging and must be prominently printed in a font size no smaller than sixteen. Further, the notice shall state: "This product contains protein that was developed in a lab and grown from a biopsy of animal cells. The protein in this product is not naturally grown beef, poultry, fish, crustacean, or any other animal protein."

(D) Each package that violates a provision of this section shall be a separate and distinct offense.

(E) The Department of Agriculture may promulgate regulations as necessary to implement this section.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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