Current Status Introducing Body:
HouseBill Number: 4248Ratification Number: 356Act Number: 317Primary Sponsor: WrightType of Legislation: GBSubject: Food, donated agricultural; exempt from civil liabilityCompanion Bill Number: 1223Date Bill Passed both Bodies: Mar 25, 1992Computer Document Number: JIC/6045.HCGovernor's Action: SDate of Governor's Action: Apr 08, 1992Introduced Date: Jan 22, 1992Last History Body: ------Last History Date: Apr 08, 1992Last History Type: Act No. 317Scope of Legislation: StatewideAll Sponsors: Wright RiserType of Legislation: General Bill
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 CommitteeView additional legislative information at the LPITS web site.
(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:
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."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 8th day of April, 1992.