Bill
H 3747
Prohibits Certified SC Grown label on foods containing modRNA; requires products be certified modRNA-free; violations carry misdemeanor penalties up to $500 fine and 30 days in jail.
Status & procedural timeline
- Filed/introduced: January 15, 2025.
- Committee referral: Referred to Committee on Agriculture, Natural Resources and Environmental Affairs (per filing).
- Hearing noted in provided materials: scheduled for 05/13/2025.
- Effective date: upon approval by the Governor (the bill states it "takes effect upon approval by the Governor").
Purpose / intent
- To prohibit foods or food products bearing the "Certified SC Grown" designation from containing modified ribonucleic acid (described in the bill as "modRNA"), and to require applicants for the designation to certify that their product does not contain modRNA. The bill establishes criminal penalties for violations.
Key provisions
- New statutory section: Adds Section 46-3-290 to Chapter 3, Title 46, S.C. Code.
- Prohibition: Any food or food product labeled with the "Certified SC Grown" designation may not contain modified ribonucleic acid (modRNA).
- Certification requirement: The Department of Agriculture must require applicants for the "Certified SC Grown" designation to certify that the food/product does not contain modRNA.
- Penalties: A person who applies the designation to a food/product that contains modRNA is, upon conviction, guilty of a misdemeanor punishable by a fine up to $500 and/or imprisonment up to 30 days. Each violation is a separate offense.
Who would be affected
- Producers, processors, packagers, and sellers of food products seeking the "Certified SC Grown" label in South Carolina.
- South Carolina Department of Agriculture (administrative role in requiring/collecting certifications).
- Potentially regulatory/enforcement entities handling misdemeanor prosecutions.
Practical implications and considerations
- Compliance: Businesses using or seeking the Certified SC Grown mark would need to attest their products contain no modRNA; they may face liability and criminal exposure if the certification is false.
- Technical and enforcement challenges: The bill does not define "modified ribonucleic acid" or specify testing standards, sampling, or an enforcement mechanism (which agency must investigate or pursue prosecutions is not specified beyond typical misdemeanor procedures).
- Legal/regulatory interaction: Possible overlap or conflict with federal food and labeling regulation (e.g., FDA oversight) or commerce clauses could arise; lack of scientific/technical definitions may invite administrative or legal disputes.
- Penalty scope: Monetary and jail penalties are modest but criminalize false labeling under this specific designation.
Limitations in text
- No definition of "modRNA" or criteria for determining presence/absence.
- No explicit enforcement agency, testing protocol, or administrative remedies beyond criminal penalties.
This summary reflects provisions contained in the bill text as provided.
Compiled from official sources — confirm details with the bill’s official record.
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