View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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
]]]] 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.
]]]] 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".
]]]] 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
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