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S1445aa........................................by RESOURCES AND ENVIRONMENT
WILD GAME MEAT - DONORS - Adds to existing law to provide for immunity from
civil and criminal liability of donors of wild game meat to charitable
organizations absent negligence, recklessness or intentional misconduct;
and to provide definitions.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Res/Env
02/28 Rpt out - to 14th Ord
03/07 Rpt out amen - to engros
03/08 Rpt engros - 1st rdg - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
Ipsen, Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Whitworth, Williams
NAYS--None
Absent and excused--Geddes, Ingram, King-Barrutia
Floor Sponsor - Frasure
Title apvd - to House
03/15 House intro - 1st rdg as amen - to Res/Con
03/30 Rpt out - rec d/p - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
04/04 3rd rdg as amen - PASSED - 64-2-4
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow,
Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- Moss, Smith
Absent and excused -- Clark, Deal, Henbest, Mr Speaker
Floor Sponsor - Stoicheff
Title apvd - to enrol
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 263
Effective: 07/01/00
S1445
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1445, As Amended
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO IMMUNITY OF DONORS OF WILD GAME MEAT; AMENDING CHAPTER 3, TITLE 5,
3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-338, IDAHO CODE, TO PROVIDE
4 FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY OF DONORS OF WILD GAME MEAT
5 TO CHARITABLE ORGANIZATIONS ABSENT NEGLIGENCE, RECKLESSNESS OR INTENTIONAL
6 MISCONDUCT AND TO PROVIDE DEFINITIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 3, Title 5, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 5-338, Idaho Code, and to read as follows:
11 5-338. IMMUNITY OF DONORS OF WILD GAME MEAT. (1) A donor of wild game
12 meat for free use by a charitable organization is immune from civil or crimi-
13 nal liability arising from an injury or death attributable to the nature, age,
14 condition or packaging of the donated wild game meat if the injury or death is
15 not a result of the gross negligence, recklessness, or intentional misconduct
16 of the donor and the donated wild game meat is prepared and packaged by a com-
17 mercial butcher, commercial slaughterhouse, commercial meat processor or simi-
18 lar entity subject by law to regular state or federal inspection and licens-
19 ing.
20 (2) A charitable organization that receives, distributes or serves
21 donated wild game meat is immune from civil or criminal liability arising from
22 an injury or death attributable to the condition of the meat if:
23 (a) The charitable organization uses appropriate food storage and handling
24 equipment to provide for the safe and sanitary storage and/or service of
25 the wild game meat;
26 (b) The charitable organization accepts only wild game meat prepared and
27 packaged by a commercial butcher, commercial slaughterhouse, commercial
28 meat processor, or similar entity subject by law to regular state or fed-
29 eral inspection and licensing;
30 (c) The charitable organization inspects the donated wild game meat in a
31 reasonable manner and finds it to be apparently fit for human consumption
32 at the time of distribution or service;
33 (d) The charitable organization has no actual or constructive knowledge
34 at the time the wild game meat is distributed or served that it is adul-
35 terated, tainted, contaminated, or would be harmful to the health or well-
36 being of a person eating it; and
37 (e) An injury or death caused by eating the wild game meat is not a prox-
38 imate cause of the gross negligence, recklessness or intentional miscon-
39 duct of the charitable organization.
40 (3) For purposes of this section:
41 (a) "Charitable organization" means a nonprofit organization that is
42 exempt from taxation under the provisions of sections 501(c)(3) and
43 501(c)(4) of the Internal Revenue Code, as amended.
2
1 (b) "Donor" means a person, retailer, commercial butcher, commercial
2 slaughterhouse, commercial meat processor, or similar entity under state
3 supervision, and the Idaho fish and game department in its capacity as a
4 donor of unlawfully taken or unclaimed wildlife pursuant to section
5 36-1304, Idaho Code.
6 (c) "Wild game meat" means any raw, cooked, processed, or prepared edible
7 meat from a game animal killed in the wild and used or intended for use in
8 whole or in part for human consumption and which is exempt from the
9 inspection requirements of the federal wholesome meat act, or chapter 19,
10 title 37, Idaho Code; provided however, that wild game salami may not be
11 donated. Wild game meat shall not be considered "adulterated" as that term
12 is defined in chapters 1 and 19, title 37, Idaho Code, and IDAPA 16.02.19,
13 merely because the meat is the product of a game animal killed in the wild
14 and not slaughtered by a butcher in a state or federally regulated food
15 processing establishment. Wild game meat shall be considered "wildlife"
16 as that term is used in IDAPA 16.02.19, and shall be handled, prepared and
17 served accordingly if the charitable organization is a food establishment
18 as defined in the rules.
AS1445
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Frasure
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1445
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 11, delete "Notwithstanding any";
3 in line 12, delete "other provision of law to the contrary, a" and insert:
4 "A"; delete line 19 and insert: "entity subject by law to regular state or
5 federal inspection and licensing."; delete line 20 and insert: "(2) A chari-";
6 in line 29, delete "under state supervision" and insert: "subject by law to
7 regular state or federal inspection and licensing"; in line 38, delete "direct
8 result" and insert: "proximate cause".
9 On page 2, in line 11, following "." insert: "Wild game meat shall not be
10 considered "adulterated" as that term is defined in chapters 1 and 19, title
11 37, Idaho Code, and IDAPA 16.02.19, merely because the meat is the product of
12 a game animal killed in the wild and not slaughtered by a butcher in a state
13 or federally regulated food processing establishment. Wild game meat shall be
14 considered "wildlife" as that term is used in IDAPA 16.02.19, and shall be
15 handled, prepared and served accordingly if the charitable organization is a
16 food establishment as defined in the rules.".
STATEMENT OF PURPOSE
RS09776
The purpose of this legislation is to provide authorization for sportsmen of Idaho
to share the bounty of their hunts with the needy. Provides immunity to donors of
wild game meat and charitable institutions that receives, distributes or serves
donated wild game meat.
FISCAL NOTE
No impact to general fund. Modest savings to charitable institutions who will
have a new source of meat distribute or serve to the needy.
CONTACT: Senator Evan Frasure
Phone: 332-1315
STATEMENT OF PURPOSE/ FISCAL NOTE S 1445