The provisions of this act shall not be deemed to in any manner restrict the authority of the Department of Agriculture 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.

HISTORY: 1981 Act No. 95, SECTION 1; 2026 Act No. 146 (H.4189), SECTION 42, eff May 15, 2026.

Effect of Amendment

2026 Act No. 146, SECTION 42, substituted "Department of Agriculture" for "Department of Health and Environmental Control" and made a nonsubstantive change.