2004 Legislation
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HOUSE BILL NO. 590 – Idaho Commonsense Consumption Act

HOUSE BILL NO. 590

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Bill Status



H0590aa..............................by JUDICIARY, RULES AND ADMINISTRATION
IDAHO COMMONSENSE CONSUMPTION ACT - Adds to existing law to set forth the
provisions of the Idaho Commonsense Consumption Act; to provide a short
title; to limit civil liability relating to the long-term consumption of
food; to provide exemptions; to define terms; to set forth requirements for
pleadings; to provide for the stay of discovery and other proceedings; and
to provide for application to claims.
                                                                        
01/30    House intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/12    Rpt out - to Gen Ord
02/17    Rpt out amen - to engros
02/18    Rpt engros - 1st rdg - to 2nd rdg as amen
02/19    2nd rdg - to 3rd rdg as amen
02/24    3rd rdg as amen - PASSED - 53-16-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
      Block, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
      Denney, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,
      Harwood, Jones, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,
      Miller, Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
      Roberts, Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- Bayer, Boe, Clark, Douglas, Eberle, Henbest, Jaquet, Kellogg,
      Langhorst, Martinez, Mitchell, Naccarato, Ringo, Robison, Sayler,
      Smith(24)
      Absent and excused -- Edmunson
    Floor Sponsor - Ring
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Stennett
    Floor Sponsor - Richardson
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
04/02    Governor signed
         Session Law Chapter 380
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 590
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO COMMONSENSE CONSUMPTION ACT; AMENDING  TITLE  39,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW CHAPTER 87, TITLE 39, IDAHO CODE, TO PRO-
  4        VIDE A SHORT TITLE, TO LIMIT CIVIL LIABILITY  RELATING  TO  THE  LONG-TERM
  5        CONSUMPTION  OF FOOD, TO PROVIDE EXEMPTIONS, TO DEFINE TERMS, TO SET FORTH
  6        REQUIREMENTS FOR PLEADINGS, TO PROVIDE FOR THE STAY OF DISCOVERY AND OTHER
  7        PROCEEDINGS; AND TO PROVIDE FOR APPLICATION TO CLAIMS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Title 39, Idaho Code, be, and the same is hereby  amended
 10    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 11    ter 87, Title 39, Idaho Code, and to read as follows:
                                                                        
 12                                      CHAPTER 87
 13                          IDAHO COMMONSENSE CONSUMPTION ACT
                                                                        
 14        39-8701.  SHORT TITLE. This chapter shall be known and may be cited as the
 15    "Idaho Commonsense Consumption Act."
                                                                        
 16        39-8702.  PREVENTION OF FRIVOLOUS LAWSUITS. Except as provided in  section
 17    39-8703,  Idaho  Code,  a  manufacturer, packer, distributor, carrier, holder,
 18    seller, marketer or advertiser of a food, as defined in section 39-8704, Idaho
 19    Code, or an association of one (1) or more of such entities, shall not be sub-
 20    ject to civil liability arising under any Idaho law for any claim, as  defined
 21    in  section 39-8704, Idaho Code, arising out of weight gain, obesity, a health
 22    condition associated with weight gain or obesity, or any other generally known
 23    condition allegedly caused by or allegedly likely  to  result  from  long-term
 24    consumption of food.
                                                                        
 25        39-8703.  EXEMPTION.  Notwithstanding  section  39-8702, Idaho Code, civil
 26    liability shall not be precluded where the claim of weight  gain,  obesity,  a
 27    health  condition  associated with weight gain or obesity, or any other gener-
 28    ally known condition allegedly caused by or allegedly likely  to  result  from
 29    long-term consumption of food is based on:
 30        (1)  A  material violation of an adulteration or misbranding provision set
 31    forth by statute, rule or regulation in Idaho or the  United  States  provided
 32    the claimed injury was proximately caused by such violation; or
 33        (2)  Any  other  material  violation of federal or state law applicable to
 34    manufacturing, marketing, distribution, advertising, labeling or the  sale  of
 35    food,  provided  such  violation is knowing and willful, as defined in section
 36    39-8704, Idaho Code, and provided further that the claimed injury  was  proxi-
 37    mately caused by such violation.
                                                                        
 38        39-8704.  DEFINITIONS. As used in this chapter:
 39        (1)  "Claim"  means  any claim by or on behalf of a natural person as well
                                                                        
                                           2
                                                                        
  1    as any derivative or other claim arising therefrom asserted by or on behalf of
  2    any other person.
  3        (2)  "Food" means:
  4        (a)  Articles used for food or drink for persons or other animals;
  5        (b)  Chewing gum; and
  6        (c)  Articles used for components of any other such article.
  7        (3)  "Generally known condition allegedly caused by or allegedly likely to
  8    result from long-term consumption" means a condition generally known to result
  9    or to likely result from the cumulative effect of consumption and not  from  a
 10    single instance of consumption.
 11        (4)  "Knowing and willful violation" means:
 12        (a)  The  conduct constituting the violation was committed with the intent
 13        to deceive or injure consumers or with actual knowledge that such  conduct
 14        was injurious to consumers; and
 15        (b)  The  conduct  constituting the violation was not required by any law,
 16        regulation, order or rule of the United States, the state of Idaho, or any
 17        political subdivision thereof.
 18        (5)  "Person" means any individual, partnership, corporation, firm,  asso-
 19    ciation, governmental subdivision or agency, public or private organization or
 20    other legal entity.
                                                                        
 21        39-8705.  PLEADING  REQUIREMENTS.  (1)  In any action exempted pursuant to
 22    section 39-8703(1), Idaho Code, the complaint  initiating  such  action  shall
 23    state with particularity the following:
 24        (a)  The  statute,  rule,  regulation  or other law of Idaho or the United
 25        States that was allegedly violated;
 26        (b)  The facts that are alleged to constitute a material violation of such
 27        law; and
 28        (c)  The facts that are alleged to demonstrate that such violation  proxi-
 29        mately caused actual injury to the plaintiff.
 30        (2)  In  any  action  exempted pursuant to section 39-8703(2), Idaho Code,
 31    the complaint initiating such action shall state with particularity facts suf-
 32    ficient to support a reasonable inference that the violation was done with the
 33    intent to deceive or injure consumers  or  with  actual  knowledge  that  such
 34    violation was injurious to consumers.
                                                                        
 35        39-8706.  STAY  PENDING MOTION TO DISMISS. In any action exempted pursuant
 36    to section 39-8703, Idaho Code, all discovery and other proceedings  shall  be
 37    stayed  during  the  pendency  of any motion to dismiss unless the court finds
 38    upon the motion of any party that particularized  discovery  is  necessary  to
 39    preserve evidence or to prevent undue prejudice to that party. During the pen-
 40    dency  of  any  stay  of discovery, unless otherwise ordered by the court, any
 41    party to the action with actual notice of the  allegations  contained  in  the
 42    complaint   shall   treat   all   documents,   data   compilations,  including
 43    electronically recorded or stored data, and tangible objects that are  in  the
 44    custody  or control of such party and that are relevant to the allegations, as
 45    if they were the subject of a continuing request for production  of  documents
 46    from an opposing party.
                                                                        
 47        SECTION  2.  The  provisions of this act shall apply to all covered claims
 48    pending on the effective date of this act and to all claims filed  thereafter,
 49    regardless of when the claim arose.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Ring                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 590
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill,  in  line  22,  following  "known"  insert:
  3    "obesity-related"; in line 28, following "known" insert: "obesity-related"; on
  4    page 2, in line 7, following "known" insert: "obesity-related"; and in line 8,
  5    delete "a condition" and insert: "an obesity-related condition".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 590, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO COMMONSENSE CONSUMPTION ACT; AMENDING  TITLE  39,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW CHAPTER 87, TITLE 39, IDAHO CODE, TO PRO-
  4        VIDE A SHORT TITLE, TO LIMIT CIVIL LIABILITY  RELATING  TO  THE  LONG-TERM
  5        CONSUMPTION  OF FOOD, TO PROVIDE EXEMPTIONS, TO DEFINE TERMS, TO SET FORTH
  6        REQUIREMENTS FOR PLEADINGS, TO PROVIDE FOR THE STAY OF DISCOVERY AND OTHER
  7        PROCEEDINGS; AND TO PROVIDE FOR APPLICATION TO CLAIMS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Title 39, Idaho Code, be, and the same is hereby  amended
 10    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 11    ter 87, Title 39, Idaho Code, and to read as follows:
                                                                        
 12                                      CHAPTER 87
 13                          IDAHO COMMONSENSE CONSUMPTION ACT
                                                                        
 14        39-8701.  SHORT TITLE. This chapter shall be known and may be cited as the
 15    "Idaho Commonsense Consumption Act."
                                                                        
 16        39-8702.  PREVENTION OF FRIVOLOUS LAWSUITS. Except as provided in  section
 17    39-8703,  Idaho  Code,  a  manufacturer, packer, distributor, carrier, holder,
 18    seller, marketer or advertiser of a food, as defined in section 39-8704, Idaho
 19    Code, or an association of one (1) or more of such entities, shall not be sub-
 20    ject to civil liability arising under any Idaho law for any claim, as  defined
 21    in  section 39-8704, Idaho Code, arising out of weight gain, obesity, a health
 22    condition associated with weight gain or obesity, or any other generally known
 23    obesity-related condition allegedly caused by or allegedly  likely  to  result
 24    from long-term consumption of food.
                                                                        
 25        39-8703.  EXEMPTION.  Notwithstanding  section  39-8702, Idaho Code, civil
 26    liability shall not be precluded where the claim of weight  gain,  obesity,  a
 27    health  condition  associated with weight gain or obesity, or any other gener-
 28    ally known obesity-related condition allegedly caused by or  allegedly  likely
 29    to result from long-term consumption of food is based on:
 30        (1)  A  material violation of an adulteration or misbranding provision set
 31    forth by statute, rule or regulation in Idaho or the  United  States  provided
 32    the claimed injury was proximately caused by such violation; or
 33        (2)  Any  other  material  violation of federal or state law applicable to
 34    manufacturing, marketing, distribution, advertising, labeling or the  sale  of
 35    food,  provided  such  violation is knowing and willful, as defined in section
 36    39-8704, Idaho Code, and provided further that the claimed injury  was  proxi-
 37    mately caused by such violation.
                                                                        
 38        39-8704.  DEFINITIONS. As used in this chapter:
 39        (1)  "Claim"  means  any claim by or on behalf of a natural person as well
                                                                        
                                           2
                                                                        
  1    as any derivative or other claim arising therefrom asserted by or on behalf of
  2    any other person.
  3        (2)  "Food" means:
  4        (a)  Articles used for food or drink for persons or other animals;
  5        (b)  Chewing gum; and
  6        (c)  Articles used for components of any other such article.
  7        (3)  "Generally known obesity-related condition  allegedly  caused  by  or
  8    allegedly  likely  to  result  from  long-term  consumption" means an obesity-
  9    related condition generally known to result or to likely result from the cumu-
 10    lative effect of consumption and not from a single instance of consumption.
 11        (4)  "Knowing and willful violation" means:
 12        (a)  The conduct constituting the violation was committed with the  intent
 13        to  deceive or injure consumers or with actual knowledge that such conduct
 14        was injurious to consumers; and
 15        (b)  The conduct constituting the violation was not required by  any  law,
 16        regulation, order or rule of the United States, the state of Idaho, or any
 17        political subdivision thereof.
 18        (5)  "Person"  means any individual, partnership, corporation, firm, asso-
 19    ciation, governmental subdivision or agency, public or private organization or
 20    other legal entity.
                                                                        
 21        39-8705.  PLEADING REQUIREMENTS. (1) In any action  exempted  pursuant  to
 22    section  39-8703(1),  Idaho  Code,  the complaint initiating such action shall
 23    state with particularity the following:
 24        (a)  The statute, rule, regulation or other law of  Idaho  or  the  United
 25        States that was allegedly violated;
 26        (b)  The facts that are alleged to constitute a material violation of such
 27        law; and
 28        (c)  The  facts that are alleged to demonstrate that such violation proxi-
 29        mately caused actual injury to the plaintiff.
 30        (2)  In any action exempted pursuant to section  39-8703(2),  Idaho  Code,
 31    the complaint initiating such action shall state with particularity facts suf-
 32    ficient to support a reasonable inference that the violation was done with the
 33    intent  to  deceive  or  injure  consumers  or with actual knowledge that such
 34    violation was injurious to consumers.
                                                                        
 35        39-8706.  STAY PENDING MOTION TO DISMISS. In any action exempted  pursuant
 36    to  section  39-8703, Idaho Code, all discovery and other proceedings shall be
 37    stayed during the pendency of any motion to dismiss  unless  the  court  finds
 38    upon  the  motion  of  any party that particularized discovery is necessary to
 39    preserve evidence or to prevent undue prejudice to that party. During the pen-
 40    dency of any stay of discovery, unless otherwise ordered  by  the  court,  any
 41    party  to  the  action  with actual notice of the allegations contained in the
 42    complaint  shall   treat   all   documents,   data   compilations,   including
 43    electronically  recorded  or stored data, and tangible objects that are in the
 44    custody or control of such party and that are relevant to the allegations,  as
 45    if  they  were the subject of a continuing request for production of documents
 46    from an opposing party.
                                                                        
 47        SECTION 2.  The provisions of this act shall apply to all  covered  claims
 48    pending  on the effective date of this act and to all claims filed thereafter,
 49    regardless of when the claim arose.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13783

This legislation would limit the civil liability of a
manufacturer, distributor, seller, or retailer of food or
beverages in cases in which liability is based on an individual's
weight gain, obesity, or obesity-related health condition which
results from the individual's long-term consumption of a food or
beverage.

                          FISCAL IMPACT
None to the General Fund.


Contact
Name: Ed Lodge 
Phone: 850-4576




STATEMENT OF PURPOSE/FISCAL NOTE                      H 590