The bill H. 4774 aims to amend the South Carolina Code of Laws by adding Section 46-57-80, which establishes guidelines for supermarkets regarding the donation of excess food. The bill defines "excess food" as edible food that is not sold or used by a supermarket but is still safe for consumption, excluding certain items such as unpackaged fresh meat, food damaged by contamination, and food subject to recalls. It also defines "qualifying entities" as not-for-profit organizations that provide food for free to those in need, and specifies what constitutes a "supermarket."

Under this new section, every supermarket is required to make excess food available to qualifying entities, although they are not obligated to provide a specific quantity or to transport the food. Supermarkets will be protected from liability for the food transferred, provided they act in good faith and without gross negligence. Additionally, supermarkets can set reasonable restrictions on the collection of excess food to avoid disruption of their operations and may dispose of any uncollected food after a reasonable time. The bill clarifies that it does not override existing state or federal health laws regarding food handling.

Statutes affected:
Latest Version: 46-57-80