S*1223 Session 109 (1991-1992)
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
(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.
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. |