South Carolina H 4774: State Superintendent of Education

Bill Text

2025-2026 Bill 4774 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4774

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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This web page was last updated on December 17, 2025 at 01:46 PM