S*1223(Rat #0414, Act #0362 of 1992)  General Bill, By Giese and C.T. Hinson
 A Bill to amend Sections 15-74-10 through 15-74-30, all as amended, Code of
 Laws of South Carolina, 1976, relating to the exemption from liability for
 donors of food, so as to include within the exemption prepared food.-amended
 title

   01/23/92  Senate Introduced and read first time SJ-6
   01/23/92  Senate Referred to Committee on Judiciary SJ-6
   02/19/92  Senate Committee report: Favorable Judiciary SJ-10
   02/20/92  Senate Read second time SJ-18
   02/20/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-18
   02/21/92  Senate Read third time and sent to House SJ-2
   02/25/92  House  Introduced and read first time HJ-12
   02/25/92  House  Referred to Committee on Judiciary HJ-12
   04/15/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-17
   05/06/92  House  Amended HJ-17
   05/06/92  House  Read second time HJ-19
   05/07/92  House  Read third time and returned to Senate with
                     amendments HJ-65
   05/07/92  Senate Concurred in House amendment and enrolled SJ-27
   05/13/92         Ratified R 414
   05/15/92         Signed By Governor
   05/15/92         Act No. 362

AN ACT TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO INCLUDE WITHIN THE EXEMPTION PREPARED FOOD.

Be it enacted by the General Assembly of the State of South Carolina:

Prepared foods defined, liability exemption

SECTION 1. Sections 15-74-10 and 15-74-20 of the 1976 Code, as last amended by an act of 1992, bearing ratification number 356, and Section 15-74-30 of the 1976 Code, as last amended by Act 415 of 1990, are further amended to read:

"Section 15-74-10. For the purposes of this chapter, `distressed food' means canned or packaged foods and prepared foods which are foods prepared by restaurants and other establishments and donors in excess amounts which do not affect the edibility of the food or other considerations and perishable foods which are not readily marketable due to appearance, freshness, grade surplus, dented or damaged containers which do not affect the edibility of the food or other considerations. `Prepared and perishable food' means food that may spoil or become unfit for human consumption because of its nature, type, or physical condition, and includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods that have been packaged, refrigerated, or frozen. Perishable food also includes any consumable agricultural products remaining after commercial harvesting which the donor allows to be removed from his land.

`Food bank and prepared and perishable food program' means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit or charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.

Section 15-74-20. The donor, in good faith, of distressed food apparently fit for human consumption, to a bona fide charitable or nonprofit organization or food bank or prepared and perishable food program for free distribution, is not subject to criminal penalty or civil damages arising from the condition of the food or the nature or condition of the land entered, unless an injury is caused by gross negligence, recklessness, or intentional misconduct of the donor.

Section 15-74-30. A bona fide charitable or nonprofit organization or food bank or prepared and perishable food program which in good faith receives distressed food apparently fit for human consumption is not subject to criminal penalty or civil damages arising from the condition of the food unless an injury results from the gross negligence, recklessness, or intentional misconduct of the organization."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 15th day of May, 1992.

TXT:(A362, R414, S1223)

AN ACT TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO INCLUDE WITHIN THE EXEMPTION PREPARED FOOD.

Be it enacted by the General Assembly of the State of South Carolina:

Prepared foods defined, liability exemption

SECTION 1. Sections 15-74-10 and 15-74-20 of the 1976 Code, as last amended by an act of 1992, bearing ratification number 356, and Section 15-74-30 of the 1976 Code, as last amended by Act 415 of 1990, are further amended to read:

"Section 15-74-10. For the purposes of this chapter, `distressed food' means canned or packaged foods and prepared foods which are foods prepared by restaurants and other establishments and donors in excess amounts which do not affect the edibility of the food or other considerations and perishable foods which are not readily marketable due to appearance, freshness, grade surplus, dented or damaged containers which do not affect the edibility of the food or other considerations. `Prepared and perishable food' means food that may spoil or become unfit for human consumption because of its nature, type, or physical condition, and includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods that have been packaged, refrigerated, or frozen. Perishable food also includes any consumable agricultural products remaining after commercial harvesting which the donor allows to be removed from his land.

`Food bank and prepared and perishable food program' means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit or charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.

Section 15-74-20. The donor, in good faith, of distressed food apparently fit for human consumption, to a bona fide charitable or nonprofit organization or food bank or prepared and perishable food program for free distribution, is not subject to criminal penalty or civil damages arising from the condition of the food or the nature or condition of the land entered, unless an injury is caused by gross negligence, recklessness, or intentional misconduct of the donor.

Section 15-74-30. A bona fide charitable or nonprofit organization or food bank or prepared and perishable food program which in good faith receives distressed food apparently fit for human consumption is not subject to criminal penalty or civil damages arising from the condition of the food unless an injury results from the gross negligence, recklessness, or intentional misconduct of the organization."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 15th day of May, 1992.