H 4382 — Nonprescription Ephedrine Products

02,23, 2026)2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 4382Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Aprilbill 2,  2026TO  AMEND H.THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-398, RELATING TO THE SALE OF PRODUCTS CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE;

4382   Introduced by Rep.

Sessions   S.

Printed 4/2/26--H.

Read the first time April 23, 2025   ________   The committee on House Labor, Commerce and Industry To whom was referred a Bill (H.

4382) 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, 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 44-53-398(D)(2) and inserting:

       (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.

Amend the bill further, SECTION 1, by striking Section 44-53-398(D)(4)(a) and (b) and inserting:

       (4)(a) Beginning October 1, 20252026, 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 described in item (2) is responsible for setting the fee levels required pursuant to subitem (a).

The administrator of the data collection system shall, on an annual basis, establish the fee levels required pursuant to subsection (D)(4)(a);

in setting such fees, the administrator of the data collection system is prohibited from increasing fees on a per-product, per-transaction basis on a year-over-year basis by an amount equal to or in excess of ten percent, unless the administrator of the data collection system can show that the increase is directly attributable to cost factors to the administrator of the data collection system, including costs for labor, services, or materials used to administer the data collection system.

Renumber sections to conform.

Amend title to conform.

  WILLIAM HERBKERSMAN for Committee.

  _______                 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;

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