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H0591aa,aaS.................................by COMMERCE AND HUMAN RESOURCES
FOOD DONATIONS - Adds to existing law to provide for immunity from civil
and criminal liability of a food bank and a donor of food to a food bank,
when the food donated is apparently fit for human consumption; to provide
factors that, individually, do not establish negligence; and to provide
limitations.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Health/Wel
02/21 Rpt out - ref'd to Comm/HumRes
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/08 To Gen Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley, Hammond,
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Bruneel, Crow, Gagner, Hansen(23), Kellogg,
Moyle
Floor Sponsors - Schaefer, Mortensen
Title apvd - to Senate
03/20 Senate intro - 1st rdg as amen - to Health/Wel
03/24 Rpt out - rec d/p - to 2nd rdg as amen
03/27 2nd rdg - to 3rd rdg as amen
03/30 To 14th Ord
04/04 Rpt out amen - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Parry
Floor Sponsor - Whitworth
Title apvd - to House
04/05 House concur in Senate amen - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 52-0-18
AYES -- Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe,
Bruneel, Campbell, Cheirrett, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Hadley, Hammond, Henbest, Hornbeck, Jaquet,
Judd, Kellogg, Kempton, Kendell, Kunz, Linford, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Trail, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Alltus, Callister, Chase, Clark, Gagner,
Geddes, Gould, Hansen(23), Hansen(29), Jones, Lake,
Loertscher(Loertscher), Moss, Pischner, Smith, Tilman, Wheeler, Mr
Speaker
Floor Sponsors - Schaefer, Mortensen
Title apvd - to enrol - rpt enrol - Sp signed
04/06 Pres signed
04/07 To Governor
04/14 Governor signed
Session Law Chapter 321
Effective: 07/01/00
H0591
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 591, As Amended, As Amended in the Senate
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO IMMUNITY OF FOOD DONORS AND FOOD BANKS; AMENDING CHAPTER 3, TITLE
3 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-339, IDAHO CODE, TO PRO-
4 VIDE THAT IT SHALL NOT BE NEGLIGENCE FOR A FOOD DONOR TO DONATE FOOD
5 APPARENTLY FIT FOR HUMAN CONSUMPTION, TO PROVIDE FACTORS THAT INDIVIDUALLY
6 DO NOT ESTABLISH NEGLIGENCE, TO PROVIDE THAT A FOOD BANK SHALL NOT BE
7 FOUND NEGLIGENT OR LIABLE FOR DAMAGES FOR FOOD IT DISTRIBUTES IF CERTAIN
8 CONDITIONS ARE MET, TO PROVIDE THAT IT SHALL NOT BE NEGLIGENCE FOR A FOOD
9 BANK TO DISTRIBUTE FOOD APPARENTLY FIT FOR HUMAN CONSUMPTION, TO PROVIDE
10 FACTORS THAT INDIVIDUALLY DO NOT ESTABLISH NEGLIGENCE, AND TO PROVIDE LIM-
11 ITATIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 3, Title 5, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 5-339, Idaho Code, and to read as follows:
16 5-339. IMMUNITY OF FOOD DONOR AND FOOD BANK. (1) It shall not be negli-
17 gence for a donor of food to donate food apparently fit for human consumption
18 at the time of its donation solely because:
19 (a) The label on the food is missing or the food is otherwise misbranded;
20 or
21 (b) The food, if offered for sale commercially, would not be readily mar-
22 ketable because of appearance or grade, or because it is surplus.
23 (2) A food bank that receives and distributes food apparently fit for
24 human consumption shall not be found negligent or liable for damages caused by
25 food it distributes if:
26 (a) The food bank inspects the food received in a reasonable manner and
27 finds it to be apparently fit for human consumption at the time of distri-
28 bution;
29 (b) The food bank has no actual or constructive knowledge at the time the
30 food is distributed that it is adulterated, tainted, contaminated, or
31 would be harmful to the health or well-being of an individual consuming
32 it; and
33 (c) The injury or death is not proximately caused by the misconduct of
34 the food bank.
35 (3) It shall not be negligence for a food bank to distribute food appar-
36 ently fit for human consumption at the time of its distribution solely
37 because:
38 (a) The label on the food is missing or the food is otherwise misbranded;
39 or
40 (b) The food, if offered for sale commercially, would not be readily mar-
41 ketable because of appearance or grade, or because it is surplus.
42 (4) For purposes of this section:
43 (a) "Donor" includes a person, farmer, rancher, retailer, slaughterhouse
2
1 under state supervision, freight company, distributor, wholesaler, meat
2 processor, seafood processor, or similar entity, and a person who acts in
3 a commercial capacity as a manufacturer, packer, processor, bottler, or
4 similar entity, even if that activity is the person's primary activity.
5 (b) "Food" means any raw, cooked, processed, or prepared edible sub-
6 stance, ice, beverage, or ingredient used or intended for use in whole or
7 in part for human consumption.
8 (c) "Food bank" means a nonprofit organization that operates principally
9 to collect, inspect, and salvage donated food for free distribution either
10 to needy persons or to nonprofit organizations for free distribution to
11 needy persons. In this paragraph, "nonprofit organization" means an orga-
12 nization recognized by the state or federal government as a nonprofit
13 organization.
14 (5) This section does not apply to donations of wild game meat to chari-
15 table institutions. Liability and immunity for donations of wild game meat to
16 charitable institutions shall be determined according to section 5-338, Idaho
17 Code.
AH0591
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Zimmermann
Seconded by Schaefer
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 591
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 11, delete "Notwithstanding any";
3 delete lines 12 through 17 and insert: "It shall not be negligence for a donor
4 of food to donate food apparently"; delete lines 26 through 29 and insert:
5 "(2) A food bank that receives and distributes food apparently fit for
6 human consumption shall not be found negligent or liable for damages caused by
7 food it distributes if:";
8 in line 37, delete "a direct result of the gross negligence," and in line 38,
9 delete "recklessness, or intentional" and insert: "proximately caused by the";
10 delete line 39 and in line 40, delete "hibit the distribution by a food bank
11 of" and insert:
12 "(3) It shall not be negligence for a food bank to distribute".
13 AMENDMENT TO THE BILL
14 On page 2, delete lines 25 and 26.
15 CORRECTION TO TITLE
16 On page 1, delete lines 4, 5 and 6 and insert: "VIDE THAT IT SHALL NOT BE
17 NEGLIGENCE FOR A FOOD DONOR TO DONATE FOOD APPARENTLY FIT FOR HUMAN CONSUMP-
18 TION, TO PROVIDE FACTORS THAT INDIVIDUALLY DO NOT ESTABLISH NEGLIGENCE, TO
19 PROVIDE THAT A FOOD BANK SHALL NOT BE FOUND NEGLIGENT OR LIABLE FOR DAMAGES
20 FOR FOOD IT DISTRIBUTES IF CERTAIN CONDITIONS ARE MET, TO PROVIDE THAT IT
21 SHALL NOT BE NEGLIGENCE FOR A FOOD BANK TO DISTRIBUTE FOOD APPARENTLY FIT FOR
22 HUMAN CONSUMPTION AND TO PROVIDE FACTORS THAT INDIVIDUALLY DO NOT ESTABLISH
23 NEGLIGENCE.".
Moved by Frasure
Seconded by Whitworth
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 591, As Amended
24 AMENDMENTS TO SECTION 1
25 On page 1 of the engrossed bill, in line 14, delete "5-338" and insert:
26 "5-339"; in line 15, delete "5-338" and insert: "5-339"; in line 21, delete ";
27 or" and insert: "."; delete lines 22 through 24; in line 43, delete "; or" and
28 insert: ".".
29 On page 2, delete lines 1 through 4; in line 10, following "primary activ-
30 ity" delete "," and insert: "."; delete lines 11 through 13; following line
31 22, insert:
32 "(5) This section does not apply to donations of wild game meat to chari-
33 table institutions. Liability and immunity for donations of wild game meat to
|||
2
1 charitable institutions shall be determined according to section 5-338, Idaho
2 Code.".
3 CORRECTIONS TO TITLE
4 On page 1, in line 3, delete "5-338" and insert: "5-339"; in line 9,
5 delete "AND" and insert: ","; and in line 10, following "NEGLIGENCE" insert:
6 ", AND TO PROVIDE LIMITATIONS".
STATEMENT OF PURPOSE
RS 09685
The purpose of this measure is to effectively remove the requirement that wild
game and domestic livestock be USDA inspected before their meat can be
distributed by The Idaho Foodbank. The current USDA requirement effectively
bars all wild game and the majority of domestic livestock donations. The removal
of that requirement would open up a substantial source of high protein meat
currently unavailable for distribution to hungry people in Idaho.
FISCAL IMPACT
There is no fiscal impact to the State General Fund.
Contact
Name: Bob Peters, Idaho Food Bank
Phone: 336-9643
STATEMENT OF PURPOSE/FISCAL NOTE H 591