2000 Legislation
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HOUSE BILL NO. 591, As Amended, As Amended in the Senate – Food donations, liability

HOUSE BILL NO. 591, As Amended, As Amended in the Senate

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Daily Data Tracking History



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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


     
                           
                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