Current Status Introducing Body:Senate Bill Number:1223 Ratification Number:414 Act Number:362 Primary Sponsor:Giese Type of Legislation:GB Subject:Agricultural food, donations Companion Bill Number:4248 Date Bill Passed both Bodies:May 07, 1992 Computer Document Number:JIC/6049.HC Governor's Action:S Date of Governor's Action:May 15, 1992 Introduced Date:Jan 23, 1992 Date of Last Amendment:May 06, 1992 Last History Body:------ Last History Date:May 15, 1992 Last History Type:Act No. 362 Scope of Legislation:Statewide All Sponsors:Giese Hinson Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1223 ------ May 15, 1992 Act No. 362
1223 ------ May 15, 1992 Signed by Governor
1223 ------ May 13, 1992 Ratified R 414
1223 Senate May 07, 1992 Concurred in House amendment,
enrolled for ratification
1223 House May 07, 1992 Read third time, returned to
Senate with amendment
1223 House May 06, 1992 Amended, read second time
1223 House Apr 15, 1992 Committee Report: Favorable 25
with amendment
1223 House Feb 25, 1992 Introduced, read first time, 25
referred to Committee
1223 Senate Feb 21, 1992 Read third time, sent to House
1223 Senate Feb 20, 1992 Read second time, unanimous
consent for third reading on
Friday, February 21, 1992
1223 Senate Feb 19, 1992 Committee Report: Favorable 11
1223 Senate Jan 23, 1992 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(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.