South Carolina General Assembly
108th Session, 1989-1990

Bill 3774

                    Current Status

Bill Number:               3774
Ratification Number:       479
Act Number                 415
Introducing Body:          House
Subject:                   Definition of "food bank"
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A415, R479, H3774)

AN ACT TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO DEFINE "FOOD BANK" AND INCLUDE IT IN THE EXEMPTION FROM CRIMINAL PENALTY OR CIVIL DAMAGES FOR THE DONATION OF DISTRESSED FOOD TO A BONA FIDE CHARITABLE OR NONPROFIT ORGANIZATION FOR FREE DISTRIBUTION.

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

Definition of "food bank"

SECTION 1. Section 15-74-10 of the 1976 Code is amended by adding at the end:

"'Food bank' means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit or charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs."

Donor exempt from liability

SECTION 2. Section 15-74-20 of the 1976 Code is 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, 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."

Organization exempt from liability

SECTION 3. Section 15-74-30 of the 1976 Code is amended to read:

"Section 15-74-30. A bona fide charitable or nonprofit organization or food bank 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."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 10th day of April, 1990.