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H0166.................................................by HEALTH AND WELFARE
BEEF - DONATION - Amends existing law to provide immunity from civil and
criminal liability for donors of beef to charitable organizations; and to
provide an exception to the requirement for inspection of slaughtered
animals for charitable organizations providing free food service.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 166
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO IMMUNITY OF DONORS OF MEAT TO CHARITABLE ORGANIZATIONS; AMENDING
3 SECTION 5-338, IDAHO CODE, TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL
4 LIABILITY OF DONORS OF BEEF TO CHARITABLE ORGANIZATIONS AND TO REVISE DEF-
5 INITIONS; AND AMENDING SECTION 37-1915, IDAHO CODE, TO PROVIDE AN EXCEP-
6 TION TO THE REQUIREMENT FOR INSPECTION OF SLAUGHTERED ANIMALS FOR CHARITA-
7 BLE ORGANIZATIONS PROVIDING FREE FOOD SERVICES AND TO MAKE TECHNICAL COR-
8 RECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 5-338, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 5-338. IMMUNITY OF DONORS OF BEEF OR WILD GAME MEAT. (1) A donor of beef
13 or wild game meat for free use by a charitable organization is immune from
14 civil or criminal liability arising from an injury or death attributable to
15 the nature, age, condition or packaging of the donated beef or wild game meat
16 if the injury or death is not a result of the gross negligence, recklessness,
17 or intentional misconduct of the donor and the donated beef or wild game meat
18 is prepared and packaged by a commercial butcher, commercial slaughterhouse,
19 commercial meat processor or similar entity subject by law to regular state or
20 federal inspection and licensing.
21 (2) A charitable organization that receives, distributes or serves
22 donated beef or wild game meat is immune from civil or criminal liability
23 arising from an injury or death attributable to the condition of the meat if:
24 (a) The charitable organization uses appropriate food storage and handling
25 equipment to provide for the safe and sanitary storage and/or service of
26 the beef or wild game meat;
27 (b) The charitable organization accepts only beef or wild game meat pre-
28 pared and packaged by a commercial butcher, commercial slaughterhouse,
29 commercial meat processor, or similar entity subject by law to regular
30 state or federal inspection and licensing;
31 (c) The charitable organization inspects the donated beef or wild game
32 meat in a reasonable manner and finds it to be apparently fit for human
33 consumption at the time of distribution or service;
34 (d) The charitable organization has no actual or constructive knowledge
35 at the time the beef or wild game meat is distributed or served that it is
36 adulterated, tainted, contaminated, or would be harmful to the health or
37 well-being of a person eating it; and
38 (e) An injury or death caused by eating the beef or wild game meat is
39 not a proximately caused of by the gross negligence, recklessness or
40 intentional misconduct of the charitable organization.
41 (3) For purposes of this section:
42 (a) "Beef" means the wholesome, unadulterated meat of a bovine animal
43 which has been inspected while alive by a veterinarian who has determined
2
1 that the cause or condition creating the need to slaughter the animal has
2 not made the beef unfit for human consumption; provided, that the veteri-
3 narian who performs the inspection shall report his findings and conclu-
4 sions on a form so stating and submitted to the Idaho department of health
5 and welfare.
6 (b) "Charitable organization" means a nonprofit organization that is
7 exempt from taxation under the provisions of sections 501(c)(3) and
8 501(c)(4) of the Internal Revenue Code, as amended.
9 (bc) "Donor" means a person, dairy, ranch, stockyard, retailer, commer-
10 cial butcher, commercial slaughterhouse, commercial meat processor, or
11 similar entity under state supervision, and, if wild game, the Idaho fish
12 and game department in its capacity as a donor of unlawfully taken or
13 unclaimed wildlife pursuant to section 36-1304, Idaho Code.
14 (cd) "Wild game meat" means any raw, cooked, processed, or prepared edi-
15 ble meat from a game animal killed in the wild and used or intended for
16 use in whole or in part for human consumption and which is exempt from the
17 inspection requirements of the federal wholesome meat act, or chapter 19,
18 title 37, Idaho Code; provided however, that wild game salami may not be
19 donated. Wild game meat shall not be considered "adulterated" as that term
20 is defined in chapters 1 and 19, title 37, Idaho Code, and IDAPA 16.02.19,
21 merely because the meat is the product of a game animal killed in the wild
22 and not slaughtered by a butcher in a state or federally regulated food
23 processing establishment. Wild game meat shall be considered "wildlife" as
24 that term is used in IDAPA 16.02.19, and shall be handled, prepared and
25 served accordingly if the charitable organization is a food establishment
26 as defined in the rules.
27 SECTION 2. That Section 37-1915, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 37-1915. EXCEPTIONS TO INSPECTION REQUIREMENT. (a) The provisions of this
30 act requiring inspection of the slaughter of animals and the preparation of
31 the carcasses, parts thereof, meat and meat food products at establishments
32 conducting such operations shall not apply:
33 (1) To the slaughtering by any person of animals of his own raising, or
34 of any game animals, and the preparation by him and transportation in
35 intrastate commerce of the carcasses, parts thereof, meat and meat food
36 products of such animals exclusively for use by him and members of his
37 household and/or his nonpaying guests and employees; nor
38 (2) To the custom slaughter by any person, firm, or corporation of cat-
39 tle, sheep, swine or goats at the request of the owner thereof for such
40 slaughter, and the preparation by such slaughterer and transportation in
41 intrastate commerce of the carcasses, parts thereof, meat and meat food
42 products of such animals, exclusively for use, in the household of such
43 owner by him, and members of his household and/or his nonpaying guests and
44 employees; whether such slaughterers operate an establishment or operate
45 from a mobile unit engaged in custom slaughter or both; nor
46 (3) To the custom preparation by any person, firm, charitable organiza-
47 tion or corporation of carcasses, parts thereof, meat or meat food prod-
48 ucts, derived from the slaughter by any person of cattle, sheep, swine,
49 goats, or from game animals, at the request of the owner thereof for such
50 custom preparation, and transportation in commerce of such custom prepared
51 articles, exclusively for use in the household of such owner, by him and
52 members of his household and/or his nonpaying guests and employees, or in
53 the free food service program of the charitable organization.
3
1 Provided, that in cases where such person, firm, or corporation engages in
2 such custom operations at an establishment at which inspection under this
3 title is maintained, the director may exempt from such inspection at an estab-
4 lishment any animals slaughtered or any meat or meat food products otherwise
5 prepared on a custom basis; provided further, that custom operations at any
6 establishment or retail store shall be exempt from inspection requirements as
7 provided by this section only if the establishment or retail store at all
8 times keeps meat and meat products from inspected and noninspected animals
9 properly separated and clearly marked "NOT FOR SALE" immediately after being
10 slaughtered, processed or packaged and kept so identified and separated until
11 delivered to the owner, his agent or employee. Properly separated, for the
12 purpose of this section, shall mean that all inspected and noninspected ani-
13 mals shall be slaughtered and processed at separate and distinct intervals and
14 that after noninspected animals are slaughtered or processed all premises and
15 equipment thus used shall be properly sanitized in accordance with the rules
16 of sanitation promulgated by the director; provided further that at no time
17 shall inspected and noninspected meat and meat products be commingled or come
18 into contact with each other and the holding coolers must have areas clearly
19 marked for inspected or noninspected carcasses or parts of carcasses, which-
20 ever the case might be.
21 (b) The provisions of this act requiring inspection of the slaughter of
22 animals and the preparation of carcasses, parts thereof, meat and meat food
23 products shall not apply to operations of types traditionally and usually con-
24 ducted at retail stores and restaurants, when conducted at any retail store or
25 restaurant or similar retail-type establishment for sale in normal retail
26 quantities or service of such articles to consumers at such establishments.
27 (c) The slaughter of animals and preparation of articles referred to in
28 paragraphs (a)(2), (a)(3), and (b) of this section shall be conducted in
29 accordance with such sanitary conditions as the director may by regulations
30 rules prescribe. Violation of any such regulation rule is prohibited and the
31 director or his authorized agents are empowered to inspect at reasonable times
32 custom establishments, the premises on which such establishments are located,
33 equipment, mobile units or any other custom operation where noninspected ani-
34 mals are slaughtered or noninspected meat or meat food products are prepared
35 for the owner thereof and the director or his authorized agents are empowered
36 to seize, retain or detain any custom prepared meat or meat food product or
37 reject any building, equipment, vehicle or facility found upon inspection to
38 be in violation of any regulation rule promulgated pursuant hereto.
39 (d) The adulteration and misbranding provisions of this act and the regu-
40 lations rules made hereunder, other than the requirement of the inspection
41 legend, shall apply to articles which are not required to be inspected under
42 this section.
43 (e) This section shall be enforced and construed so that its requirements
44 shall be equal to the Ffederal Wwholesome Mmeat Aact or any regulations pro-
45 mulgated thereunder and shall not be enforced or construed as allowing lower
46 requirements or standards than those provided for by the Ffederal Wwholesome
47 Mmeat Aact or any regulations promulgated thereunder which will endanger the
48 state's ability to continue to carry on a meat inspection program and the
49 director may adopt and enforce all regulations necessary to fulfill this pur-
50 pose and carry out the provisions of this section.
51 (f) For purposes of this act, ownership of animals to be custom slaugh-
52 tered shall not be established upon a dressed weight basis, but payment for
53 the animal may be established prior to slaughter by written contract on a
54 dressed weight basis, nor shall the exception provided in subsection (a)
55 herein of this section apply to any animal purchased on behalf of the person
4
1 for whom it is custom slaughtered or custom prepared by a custom slaughterer
2 or custom preparer or any agent of a custom slaughterer or custom preparer.
3 Further, custom slaughterers shall obtain written proof that any animal custom
4 slaughtered by them is owned by the person or persons (not to exceed two (2))
5 for whom such animal is slaughtered prior to the slaughter of such animal and
6 keep the same as a record required pursuant to section 37-1918, Idaho Code.
STATEMENT OF PURPOSE
RS 10577C1
The focus of this legislation is to enable charities, which
provide free meals and food baskets to the less fortunate, to use
beef from farms without subjecting the beef to a USDA inspection.
Presently, a dead wild animal can be used for this purpose, but a
dairy cow with a broken leg cannot be used without a USDA
inspection and certification required by Health and Welfare.
Taking an injured cow (alive) to the nearest available USDA
inspector for an ante-mortem inspection, then to the butcher,
then to the inspector for a post-mortem inspection and eventually
to the charity kitchen is cost prohibitive in some areas of
Idaho. This bill will enable some charities to continue using
good beef for charitable purposes under the guidelines set forth
herein. At this time some charities may be prohibited by cost and
convenience from complying with Health and Welfare requirements
under IDAPA 16.02.100.
FISCAL IMPACT
There will be no impact on the General Fund.
Contact
Name: Rep. Leon Smith
Phone: 332-1261
STATEMENT OF PURPOSE/FISCAL NOTE H 166