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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 - 2000IN 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 - 2000Moved 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