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Bill Number: 2679 Ratification Number: 140 Act Number 95 Introducing Body: House Subject: Liability exemption for donors of food
(A95, R140, H2679)
AN ACT TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 74 SO AS TO EXEMPT CERTAIN DONORS OF FOOD TO NONPROFIT ORGANIZATIONS FOR FREE DISTRIBUTION TO THE ELDERLY AND NEEDY FROM CIVIL AND CRIMINAL LIABILITY RESULTING FROM SUCH DONATIONS UNDER PRESCRIBED CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Liability exemption for donors of food
SECTION 1. Title 15 of the 1976 Code is amended by adding:
Liability Exemption for Donors of Food
Section 15-74-10. 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.
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 for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, 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 which in good faith receives distressed food apparently fit for human consumption shall not be 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.
Section 15-74-40. The provisions of this act shall not be deemed to in any manner restrict the authority of the Department of Health and Environmental Control to regulate or ban the use or consumption of distressed food donated, collected or received for charitable purposes but deemed unfit for human consumption, nor shall the exemption from liability provided for in this chapter in any manner affect the liability of a producer or processor of food products for defects existing in a food product prior to the time such product became 'distressed food' as defined in Section 15-74-10."
SECTION 2. This act shall take effect upon approval by the Governor.