Current Status Bill Number:179 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970115 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:council\legis\bills\gjk\23073sd .97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Food, canned or perishable; persons who donate to charitable organizations immune from civil liability, agriculture
Body Date Action Description Com Leg Involved
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Senate 19970115 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO DONATE CANNED OR PERISHABLE FOOD TO A CHARITABLE OR NONPROFIT ORGANIZATION AND THE CHARITABLE ORGANIZATION ACCEPTING THE FOOD ARE NOT SUBJECT TO CRIMINAL OR CIVIL LIABILITY ARISING FROM THE CONDITION OF THE FOOD UNDER SPECIFIED CONDITIONS, AND TO PROVIDE PENALTIES FOR THE UNLAWFUL SALE OF DONATED FOOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
Section 15-79-10. As used in this chapter unless the context otherwise requires:
(1) 'Canned foods' means canned foods that have been hermetically sealed or commercially processed and prepared for human consumption.
(2) 'Charitable or nonprofit organization' means an organization which is exempt from federal or state income taxation, except that the term does not include organizations which sell or offer to sell donated items of food. The assessment of a nominal fee or request for a donation in connection with the distribution of food by the charitable or nonprofit organization is not a sale.
(3) 'Gleaner' means a person who harvests, for free distribution, an agriculture crop that has been donated by the owner.
(4) 'Perishable food' means food which may spoil or otherwise become unfit for human consumption because of its nature or type of physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.
Section 15-79-20. A gleaner, or a restaurant, food establishment, food service establishment, school, manufacturer of foodstuffs, or other person who, in good faith, donates food to a charitable or nonprofit organization for ultimate free distribution to needy individuals is not subject to criminal or civil liability arising from the condition of the food if the donor reasonably inspects the food at the time of the donation and finds the food fit for human consumption. The immunity provided by this section does not extend to a donor or gleaner if damages result from the negligence, recklessness, or intentional misconduct of the donor, or if the donor or gleaner has, or should have had, actual or constructive knowledge that the food is tainted, contaminated, or harmful to the health or well-being of the ultimate recipient.
Section 15-79-30. A bona fide charitable or nonprofit organization which receives, in good faith, donated food for ultimate distribution to needy individuals either for free or for a nominal fee is not subject to criminal or civil liability arising from the condition of the food, if the charitable or nonprofit organization reasonably inspects the food at the time of distribution and finds the food fit for human consumption. The immunity provided in this section does not extend to a charitable or nonprofit organization if damages result from the negligence, recklessness, or intentional misconduct of the charitable or nonprofit organization or if the charitable or nonprofit organization has or should have had actual or constructive knowledge that the food is tainted, contaminated, or harmful to the health or well-being of the ultimate recipient.
Section 15-79-40. The immunity provided by this chapter is applicable to the good faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus, or other considerations, but does not apply to canned goods that are defective or cannot be otherwise offered for sale to members of the general public. This does not restrict the authority of a lawful agency to otherwise regulate or ban the use of such food for human consumption. Charitable or nonprofit organizations which regularly accept donated food for distribution pursuant to this chapter shall request the appropriate local health authorities to inspect the food at regular intervals.
Section 15-79-50. A person, including an employee or volunteer for a charitable or nonprofit organization, who sells, or offers to sell, for profit, food that the person knows to be donated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five hundred dollars or by a term of imprisonment not exceeding thirty days. For purposes of this section, the assessment of a nominal fee or request for a donation by the charitable or nonprofit organization is not a sale."
SECTION 2. This act takes effect upon approval by the Governor.