A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 46-57-80 SO AS TO DEFINE CERTAIN TERMS AND TO PROVIDE SUPERMARKETS SHALL MAKE EXCESS FOOD AVAILABLE TO CERTAIN ENTITIES.

 

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

 

SECTION 1.  Chapter 57, Title 46 of the S.C. Code is amended by adding:

 

    Section 46-57-80.  (A) As used in this section:

       (1) "Excess food" means edible food that is not sold or used by a supermarket and is still safe to be consumed but is being disposed of by the supermarket due to labeling, appearance, surplus, or other similar conditions. "Excess food" shall not include: unpackaged fresh meat, fish, or poultry; food damaged by storage conditions, pests, mold, bacteria, or other contamination; food which has been offered for sale from a hot, cold, or prepared food bar; food subject to a governmental or producer recall; food returned to a supplier; food donated to a qualifying entity; or food sold to a food remarketer or restaurant or other preparer of food for human consumption or sold to a farmer or other producer.

       (2) "Qualifying entity" means a religious or other not-for-profit organization which provides food for free to needy persons including, but not limited to, a food pantry, food bank, soup kitchen or community-based organization that provides food for free to needy persons.

       (3) "Supermarket" means a physical retail store which has at its location more than ten thousand square feet devoted to offering food for human consumption for sale to the general public. "Supermarket" shall not include hotels, motels, restaurants and cafeterias, bakeries, caterers, hospitals, assisted living facilities, nursing homes, hospices, group homes, drug stores, educational institutions, food courts in shopping malls, food retailers at airports and other transportation facilities, gas stations, sports arenas, movie theaters, or any other similar establishment.

    (B) Every supermarket shall make excess food available to qualifying entities. No supermarket shall be required to make available a particular quantity or level of excess food or to transport or distribute any excess food. A supermarket shall be deemed in compliance with this section if it in good faith arranges with a qualifying entity that has requested in writing to collect excess food from the supermarket. A supermarket acting in compliance with this section shall have no liability for the food transferred in the absence of gross negligence or intentional misconduct. A supermarket may impose reasonable restrictions as to the time and manner of collection by a qualifying entity so as not to interfere with its business operations. A supermarket, in accordance with any applicable laws, may dispose of any excess food which is not picked up by a qualifying entity within a reasonable time.

    (C) Nothing in this section shall be construed to supersede any state or federal health laws or regulations regarding the handling of food.

 

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

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