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
|||| 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.
|||| 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