South CarolinaH 4382126th General Assembly (2025-2026)House

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-398, RELATING TO THE SALE OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR PHENYLPROPANOLAMINE, SO AS TO REQUIRE THAT MANUFACTURERS OF THESE PRODUCTS PAY MONTHLY FEES ASSOCIATED WITH DATA COLLECTION, TO ESTABLISH A PENALTY FOR MANUFACTURERS THAT FAIL TO COMPLY, AND FOR OTHER PURPOSES.

Sponsored By: Heath Sessions (Republican)

Signed by Governor

Summary

Nonprescription Ephedrine Products

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

New sale checks and penalties for retailers

Retailers that sell products with ephedrine, pseudoephedrine, or phenylpropanolamine must check a government photo ID and get a signature. They must record the date and time, buyer name and address, ID details, and the product and quantity, and send it to the state system in real time. The system can issue a stop‑sale alert if limits are exceeded. If the system is down, use a written log and enter it into the electronic system within three business days; you are immune for that downtime. Retailer‑held records are confidential, and good‑faith releases to law enforcement have civil immunity. Knowing violations are a misdemeanor with fines: $500–$1,000 for a first conviction, $1,000–$5,000 for a second, and $5,000–$10,000 for later ones. These rules and penalties take effect May 19, 2026.

Manufacturers must pay monthly tracking fees

Beginning October 1, 2026, manufacturers of products with ephedrine, pseudoephedrine, or phenylpropanolamine sold in or into South Carolina must pay monthly per‑product, per‑transaction fees to the system administrator. Each year, the administrator and manufacturers set the fee; it can stay the same or rise by less than 10% unless the administrator proves higher costs from running the system. On request, manufacturers must give SLED written proof the fees were paid. Failing to pay brings civil fines: $500–$1,000 for a first offense, $1,000–$5,000 for a second, and $5,000–$10,000 for a third or later offense. The law also defines the “administrator of the data collection system” as the entity that builds and operates the system.

Sponsors & Cosponsors

Sponsor

Heath Sessions
Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 381 • No: 0

House vote • 5/14/2026

(Nonprescription Ephedrine Products)Concur in Senate Amendments

Yes: 111 • No: 0

Senate vote • 5/12/2026

(Nonprescription Ephedrine Products)2nd Reading

Yes: 46 • No: 0

House vote • 4/29/2026

(Nonprescription Ephedrine Products)Passage of Bill

Yes: 112 • No: 0