H 4447 General Bill, By Kirsh and Meacham
 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 and perishable
 food.

   02/25/92  House  Introduced and read first time HJ-9
   02/25/92  House  Referred to Committee on Judiciary HJ-9
   04/14/92  House  Tabled in committee

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 AND PERISHABLE FOOD.

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

SECTION 1. Sections 15-74-10 through 15-74-30 of the 1976 Code, all 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 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 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.

`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, shall not be is not subject to criminal penalty or civil damages arising from the condition of the food, 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 shall not be 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."

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