South Carolina § 48-60-170 - Intent of chapter; immunity from liability.

§ 48-60-170. Intent of chapter; immunity from liability.

Section effective until December 31, 2029.

(A) The intent of this chapter is to implement programs and services that ensure the availability of adequate end-of-life electronic product handling for the benefit of citizens of the State, which fairly, effectively, and efficiently share the burdens of doing so among television manufacturers, computer manufacturers, and computer monitor manufacturers, regardless of the effect on competition of doing so, and which require the State to direct and supervise implementation of a statewide plan of one or more consumer electronic device stewardship programs. Manufacturer clearinghouses and persons participating in manufacturer clearinghouses may not be held liable or prosecuted under federal or state antitrust, unfair trade, and competition laws and regulations.

(B) A manufacturer or manufacturer clearinghouse acting pursuant to the provisions of this chapter may negotiate, enter into, or conduct business with each other and with any other entity developing, implementing, operating, participating in, or performing any other activities directly related to a manufacturer electronic waste program. No manufacturer, manufacturer clearinghouse, and eligible program shall be subject to damages, liability, enforcement actions, or scrutiny under federal or state antitrust, unfair trade, and competition laws and regulations, regardless of the effects of their actions on competition. It further is the intent and belief of the State that the supervisory activities described in this chapter are sufficient to confirm that activities of the manufacturer clearinghouse, manufacturers, eligible programs, and recoverers developing or participating in a plan that is approved pursuant to Section 48-60-51 or 48-60-56 are authorized and actively supervised by the State.

HISTORY: 2014 Act No. 129 (H.3847), SECTION 12, eff March 4, 2014; 2022 Act No. 234 (H.4775), SECTION 1.A, eff June 17, 2022.

Editor's Note

2022 Act No. 234, SECTION 1.B, provides as follows:

"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."

Effect of Amendment

2022 Act No. 234, SECTION 1.A, rewrote the section.