H 4382

South Carolina General Assembly
126th Session, 2025-2026
Bill 4382
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Amended
May 12, 2026
H. 4382
Introduced
by Rep. Sessions
S. Printed 5/12/26--S.  [SEC
5/14/2026 11:33 AM]
Read the first time April 30, 2025
________
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-398, RELATING TO THE SALE OF
PRODUCTS CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE; SO AS TO REQUIRE THAT
MANUFACTURERS OF THESE PRODUCTS PAY MONTHLY FEES ASSOCIATED WITH DATA
COLLECTION AND TO ESTABLISH A PENALTY FOR FAILURE OF MANUFACTURERS TO COMPLY.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 44-53-398(D) of the S.C. Code is amended to
read:
    (D)(1) A retailer selling nonprescription
products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall
require the purchaser to produce a government issued photo identification
showing the date of birth of the person and require the purchaser to sign an
electronic log showing the date and time of the transaction, the person's name
and address, the type, issuing governmental entity, identification number, and
the amount of the compound, mixture, or preparation. The retailer shall
determine that the name entered in the log corresponds to the name on the
identification and that the date and time entered are correct and shall enter
in the log the name of the product and the quantity sold. The retailer shall
ensure that the product is delivered directly into the custody of that
purchaser. The log must include a notice to purchasers that entering false
statements or misrepresentations in the log may subject the purchaser to
criminal penalties.
       (2)
Before completing a sale of a product regulated by this section, the retailer
electronically shall transmit the information entered in the log to a data
collection system provided by the National Association of
Drug Diversion Investigators, or a successor or similar entity administrator of the data collection system. The system
must collect this data in real time and generate a stop sale alert if the sale
would result in a violation of subsection (B) or a federal quantity
restriction, which must be assessed on the basis of sales or purchases made in
any state to the extent that information is available in the data collection
system. If the retailer receives a stop sale alert, the retailer must not
complete the sale unless the retailer, upon notifying the purchaser the sale
cannot be completed, reasonably fears bodily harm if he denies the sale due to
the stop sale alert. A product regulated by this section may not be sold
without being reported to the data collection system unless the system is
experiencing temporary technical difficulties that prevent a retailer from
reporting the information to the system, and in that case, the retailer shall
enter the necessary information in a written log, which must subsequently be
entered into the electronic log within three business days of each business day
that the electronic log was not operational. A retailer using a written log
under these circumstances is immune from liability during the time the system
is temporarily disabled.
       (3)
Any information entered in the electronic log that is retained by a retailer,
or information maintained by a retailer pursuant to subsection (J)(2), is
confidential and not a public record as defined in Section 30-4-20(C) of the
Freedom of Information Act. A retailer or an employee or agent of a retailer
who in good faith releases information in a log to federal, state, or local law
enforcement authorities is immune from civil liability for the release unless
the release constitutes gross negligence or intentional, wanton, or wilful
misrepresentation.
       (4)(a) Beginning October 1, 2026, any
manufacturer of nonprescription products containing ephedrine, pseudoephedrine,
or phenylpropanolamine sold in or into the State must, on a monthly basis, pay
fees to the administrator of the data collection system described in item (2).
  (b) The administrator of the data
collection system and all manufacturers of nonprescription products containing
ephedrine, pseudoephedrine, or phenylpropanolamine sold in or into the State
shall, on an annual basis, negotiate and establish the monthly fee required
pursuant to subsection (D)(4)(a) on a per-product, per-transaction,
year-over-year basis by an amount equal to or less than the amount of the
monthly fee paid by manufacturers in the previous year, or an increased amount
of less than ten percent of the monthly fee paid by manufacturers in the
previous year. The amount of the negotiated monthly fee may only be established
at an amount equal to or more than ten percent of the monthly fee paid by
manufacturers in the previous year if the administrator of the data collection
system can show that the increase is directly attributable to costs to
administer the data collection system.
  (c) At the request of the State Law
Enforcement Division, manufacturers required to pay fees pursuant to subitem (a)
must provide written documentation demonstrating that they have paid such fees.
  (d) For purposes of this item,
"administrator of the data collection system" means the entity responsible for
developing, implementing, and maintaining the data collection system described
in item (2).
SECTION 2.  Section 44-53-398(H)(1) and (4) of the S.C. Code is
amended to read:
    (1) Except as otherwise provided in
this section, it is unlawful for a retailer knowingly to violate subsection
(A), (B)(1), (C), (D)(1), or (D)(2), or (D)(4), and it is unlawful for a person knowingly to
violate subsection (B)(2), (E), or (F).
       (4)(a) A retailer convicted of a violation of subsection
(D)(1), (D)(2), or (J)(2) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one
thousand dollars and not less than five hundred dollars. Upon conviction for a
second offense, a retailer must be fined not more than five thousand dollars
and not less than one thousand dollars. Upon conviction for a third or
subsequent offense, a person must be fined not more than ten thousand dollars
and not less than five thousand dollars.
       (b) A manufacturer that violates
subsection (D)(4) must be fined:
  (i) for a first offense, not more than
one thousand dollars and not less than five hundred dollars;
  (ii) for a second offense, not more
than five thousand dollars and not less than one thousand dollars; and
  (iii) for a third or subsequent
offense, not more than ten thousand dollars and not less than five thousand
dollars.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 14, 2026 at 11:37 AM