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H 3172

Certified SC Grown designation

2025-2026 Regular Session Introduced by Mike Burns

Prohibits using 'Certified SC Grown' on any product containing mRNA, requires applicants to certify absence of mRNA, and imposes misdemeanor penalties (up to $500 or 30 days).

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
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Bill Summary · H 3172

Summary — H 3172: “Certified SC Grown” designation (proposed addition of S.C. Code §46-3-290)

Main purpose:
The bill would prohibit use of the “Certified SC Grown” designation on any food or food product that “contains messenger ribonucleic acid” (mRNA), require applicants for the designation to certify absence of mRNA, and create misdemeanor penalties for violations.

Key provisions

  • Adds Section 46-3-290 to Chapter 3, Title 46 of the South Carolina Code.
  • Prohibition: Any food or food product carrying a “Certified SC Grown” designation may not contain mRNA (messenger ribonucleic acid).
  • Certification requirement: The South Carolina Department of Agriculture must require an applicant for the “Certified SC Grown” designation to certify that its food/product does not contain mRNA.
  • Penalties: A person who places the “Certified SC Grown” designation on a product that contains mRNA is guilty of a misdemeanor, punishable by a fine up to $500 or imprisonment up to 30 days. Each violation is a separate offense.
  • Effective date: The act takes effect upon approval by the Governor.

Who would be affected

  • Producers, processors, packers, distributors, and retailers seeking or using the “Certified SC Grown” label in South Carolina.
  • The South Carolina Department of Agriculture (responsible for certification and enforcement).
  • Consumers and supply-chain partners (possible impacts on product labeling, sourcing, and market access).

Procedural status and timeline (as provided)

  • Prefiled: 12/05/2024 (document shows this date).
  • Introduced / Referred: Referred to the Committee on Agriculture, Natural Resources and Environmental Affairs (dates shown 1/14/2025 and 12/05/2024).
  • Hearings: Multiple entries show hearings scheduled/rescheduled for 11/18/2025 (times and room listings updated).
  • Note: The legislative action log includes duplicated and inconsistent entries; confirm status with the official legislative clerk for the most current record.

Practical and legal considerations / potential impacts

  • Scientific and implementation ambiguity: The bill does not define “contains mRNA” or specify detection thresholds, assays, sample handling, or whether naturally occurring cellular mRNA in plant or animal foods would be treated as disqualifying. (Most biological tissues contain mRNA, which could complicate implementation.)
  • Administrative burden: The Department of Agriculture would need to establish certification procedures, testing protocols or disclosure standards, and enforcement mechanisms.
  • Market and compliance effects: Could restrict use of the Certified SC Grown label, affecting marketing and sales for growers/processors; may require suppliers to prove absence of mRNA or change sourcing/processing practices.
  • Legal questions: The measure could raise federal preemption or other legal issues (e.g., labeling law interaction), depending on scope and enforcement; stakeholders may seek clarifying amendments or challenge the statute.

Note on source document

The text provided also includes an unrelated Massachusetts bill fragment concerning tipped wages. The South Carolina “Certified SC Grown” language and procedural entries appear in the same file; verify the official bill text and status with the South Carolina Legislature for authoritative language and current committee actions.

Compiled from official sources — confirm details with the bill’s official record.

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