South Carolina General Assembly
109th Session, 1991-1992

Bill 4248


                    Current Status

Introducing Body:               House
Bill Number:                    4248
Ratification Number:            356
Act Number:                     317
Primary Sponsor:                Wright
Type of Legislation:            GB
Subject:                        Food, donated agricultural; exempt
                                from civil liability
Companion Bill Number:          1223
Date Bill Passed both Bodies:   Mar 25, 1992
Computer Document Number:       JIC/6045.HC
Governor's Action:              S
Date of Governor's Action:      Apr 08, 1992
Introduced Date:                Jan 22, 1992
Last History Body:              ------
Last History Date:              Apr 08, 1992
Last History Type:              Act No. 317
Scope of Legislation:           Statewide
All Sponsors:                   Wright
                                Riser
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4248  ------  Apr 08, 1992  Act No. 317
 4248  ------  Apr 08, 1992  Signed by Governor
 4248  ------  Apr 02, 1992  Ratified R 356
 4248  Senate  Mar 25, 1992  Read third time, enrolled for
                             ratification
 4248  Senate  Mar 24, 1992  Read second time
 4248  Senate  Mar 18, 1992  Committee Report: Favorable     11
 4248  Senate  Feb 25, 1992  Introduced, read first time,    11
                             referred to Committee
 4248  House   Feb 20, 1992  Read third time, sent to
                             Senate
 4248  House   Feb 19, 1992  Read second time
 4248  House   Feb 12, 1992  Committee Report: Favorable     27
 4248  House   Jan 22, 1992  Introduced, read first time,    27
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A317, R356, H4248)

AN ACT TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

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

Perishable food

SECTION 1. The first paragraph of Section 15-74-10 of the 1976 Code, as amended by Act 415 of 1990, is further amended to read:

"For the purposes of this chapter, `distressed food' means canned or packaged foods 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. `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."

Exemption from liability

SECTION 2. Section 15-74-20 of the 1976 Code, as amended by Act 415 of 1990, is further amended to read:

"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 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."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 8th day of April, 1992.