2001 Legislation
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HOUSE BILL NO. 166 – Beef donated, charity, not liable


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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

Bill Text

  ||||              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
  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
  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.
  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
  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 / Fiscal Impact

                       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.

Name: Rep. Leon Smith 
Phone: 332-1261

STATEMENT OF PURPOSE/FISCAL NOTE                        H 166