Excess food donations

2025-2026 Bill 4774: Excess food donations - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4774
STATUS INFORMATION
General Bill
Sponsors: Rep. J. Moore
Document Path: LC-0379CM26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Agriculture, Natural Resources and Environmental Affairs
Summary: Excess food donations
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Agriculture, Natural Resources and Environmental Affairs

1/13/2026

House

Introduced and read first time (
House Journal-page 87
)

1/13/2026

House

Referred to Committee on
Agriculture, Natural Resources and Environmental Affairs
(
House Journal-page 87
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

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

S
ection
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.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:40 PM