Companies selling products in South Carolina must, for certain products, ensure compliance with local safety standards, labeling, testing, and other product compliance requirements. In this guide, we introduce you to product regulations covering chemicals and heavy metals, food, cosmetics, and many other product categories.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in South Carolina. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Hazardous Substances Act
The Hazardous Substances Act regulates certain products that contain hazardous substances, including product bans and labeling requirements for products sold in South Carolina.
The requirements of the Hazardous Substances Act apply to products that contain substances that are toxic, corrosive, irritant, or could otherwise harm the users. It covers the following product categories:
- Children’s toys
- Children’s products
- Household products
- Chemical products
The Hazardous Substances Act defines hazardous substances as any substance or mixture of substances that are either toxic, corrosive, irritant, a strong sensitizer, flammable, or could generate high pressure that harms the users.
It requires that products containing hazardous substances must be properly labeled before they are allowed to be sold in South Carolina. Further, it forbids anyone from altering, mutilating, destructing, or removing the information on the product label.
The act also bans:
a. Children’s toys containing hazardous substances
b. Children’s articles containing hazardous substances
c. Hazardous substances that are packed in a form that is suitable for use in household
The Hazardous Substances Act requires that products containing hazardous substances must bear the following information on the product label:
a. The name and address of the company that manufactures, pack, distribute or sell the product
b. The name of the chemical substances
c. The signal word “DANGER” if applicable (e.g. toxic substances)
d. The signal word “WARNING” or “CAUTION” if applicable
e. A description of the dangers that might be caused by the substance such as “Combustible“, or “Causes Burns”
f. Handling instructions, first aid methods, or other relevant measures
g. The word “poison” for “highly toxic” substances
h. The statement “Keep out of the reach of children” when applicable
Manufacturers selling products in South Carolina should make sure that their products comply with the Hazardous Substances Act by arranging testing from a qualified laboratory.
Food and Cosmetic Act
The South Carolina Food and Cosmetic Act sets up the labeling requirements for food and cosmetic products sold in South Carolina.
The requirements of the Food and Cosmetic Act, as indicated by its name, apply to food and cosmetic products.
The South Carolina Food and Cosmetic Act states that food and cosmetic products sold in South Carolina must be properly labeled.
The act requires that the information on the product label must be genuine and should not be misleading. The label should contain the following information:
a. The name and place of business of the manufacturer, packer, or distributor
b. An accurate statement of the quantity of the contents (weight, measure, or numerical count)
Manufacturers selling food and cosmetic products in South Carolina should make sure that their products comply with the labeling requirements of the Food and Cosmetic Act. A qualified lab testing company can help you to assess the ingredients of your products, in order to provide accurate information in your label.
Single-Use Plastic Regulations
The Single-Use Plastic Regulations prohibit the use of polystyrene in Charleston, the capital city of South Carolina.
The Single-Use Plastic Regulations apply to the single-use plastic bags and food containers such as:
- Carryout bags
The Single-Use Plastic Regulations prohibit any business establishment or food or grocery establishment from offering single-use plastic carryout bags and food containers in Charleston.
All food or grocery establishments, food providers, and event promoters in Charleston should use recyclable or compostable products.
The e-Cigarette Regulations of South Carolina establish sales and packaging requirements for e-Cigarette retailers in South Carolina.
The e-cigarette Regulations of South Carolina apply to electronic cigarettes or other devices that contain a mechanical heating element, battery, or electronic circuit to deliver vapor that may or may not contain nicotine for the users to inhale. Examples of electronic cigarettes include:
- Vape pen
- Vapor products
The e-Cigarette Regulations require that the e-liquid containers must be child-resistant and include warning labels as requested by the federal regulation.
The product label for nicotine-added electronic cigarettes must contain this warning:
“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
Manufacturers of electronic cigarettes selling to South Carolina must make sure that their products comply with the child-resistant packaging and labeling requirements. You can check CPSC’s recommended lab agencies that provide such services here.
Under the product liability laws in South Carolina, manufacturers are responsible for the defects that cause injury or loss to the claimants.
The product liability applies to manufacturers of all consumer products, including:
- Children’s carriers
- Medical devices
- Electrical products
- Household equipment
- Construction materials
Under the Product Liability law of South Carolina, manufacturers are responsible for the following defects:
a. Design defect (i.e. the manufacturer failed to design or manufacture the product properly to avoid the unreasonable risk of threat or harm to the users)
b. Manufacturing defect (i.e. manufacturer using unqualified materials, or fail to monitor the manufacturing process, or fail to provide proper training to the workers, or fail to conduct a quality inspection after finishing production)
c. Marketing/warning defects (i.e. the product has insufficient warning labels or instructions for consumers)
Manufacturers should provide adequate warning information or instructions to the users to avoid dangers caused by inappropriate use of the products.
Manufacturers are responsible to make sure that their products are safe to use. Before selling on the market, they should hire a laboratory to test whether their products are compliant with the applicable laws in South Carolina.
|Hazardous Substances Act||Link|
|Food and Cosmetic Act||Link|
|Single-Use Plastic Regulations||Link|