PRIOR PRINTER'S NO. 2654                      PRINTER'S NO. 3249

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2151 Session of 1993


        INTRODUCED BY BAKER, FEE, PHILLIPS, GODSHALL, TIGUE, NAILOR,
           B. SMITH, RUBLEY, SCHEETZ, BUNT, SAYLOR, FLICK, EGOLF,
           MAITLAND, NICKOL, SCRIMENTI, SAURMAN, BARLEY, BELFANTI,
           SURRA, COLAIZZO, GERLACH, TRELLO, STEIL, CLARK, FARGO, NYCE,
           GEIST, GANNON, E. Z. TAYLOR, SCHULER, PETTIT, LEH, STABACK,
           HENNESSEY, HUTCHINSON, MARSICO, BATTISTO, LAUGHLIN, MERRY AND
           KASUNIC, OCTOBER 13, 1993

        AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 9, 1994

                                     AN ACT

     1  Amending the act of July 10, 1981 (P.L.234, No.76), entitled "An
     2     act providing limited civil and criminal immunity to persons
     3     donating food to charitable or religious organizations for
     4     distribution to needy persons and imposing certain powers and
     5     duties on counties," providing for deer and other big game     <--
     6     WILDLIFE donated as food.                                      <--

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 3 of the act of July 10, 1981 (P.L.234,
    10  No.76), known as the Donated Food Limited Liability Act, is
    11  amended to read:
    12  Section 3.  Definitions.
    13     The following words and phrases as used in this act shall
    14  have the meanings given them in this section unless the context
    15  clearly indicates otherwise:
    16     "Big game."  As defined in 34 Pa.C.S. § 102 (relating to       <--
    17  definitions).

     1     "Charitable organization."  A charitable organization as
     2  defined in section 2 of the act of August 9, 1963 (P.L.628,
     3  No.337), known as the "Solicitation of Charitable Funds Act" and
     4  which has a current approved registration statement on file with
     5  the Department of State pursuant to the "Solicitation of
     6  Charitable Funds Act."
     7     "Food."  Any fowl, animal, vegetable or other stuff, product
     8  or article which is customary food or which is proper food for
     9  human beings. The term shall include deer or other big game       <--
    10  WILDLIFE, or portions thereof, taken by lawful hunting. "Food"    <--
    11  shall specifically exclude canned goods that are rusted, leaking
    12  or swollen, or canned goods that are defective or cannot, for
    13  health reasons, otherwise be offered for sale to members of the
    14  general public.
    15     "WILDLIFE."  AS DEFINED IN 34 PA.C.S. § 102 (RELATING TO       <--
    16  DEFINITIONS) AND TAKEN BY LAWFUL HUNTING IN ACCORDANCE WITH 34
    17  PA.C.S. (RELATING TO GAME) AND 58 PA. CODE (RELATING TO
    18  RECREATION).
    19     Section 2.  The act is amended by adding a section to read:
    20  Section 5.1.  Deer or other big game WILDLIFE donated as food.    <--
    21     Deer or other big game WILDLIFE may be donated to, and         <--
    22  processed, prepared and distributed by a charitable organization
    23  which serves or distributes food without cost to needy
    24  individuals. in accordance with this section. The Department of   <--
    25  Agriculture shall contract with a recognized, not for profit
    26  organization, registered with the Department of State, that will
    27  serve as program coordinator to make available information which
    28  shall include cooperating processors and charitable and
    29  religious organizations which will accept donations of deer or
    30  other big game. Processors and charitable and religious
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     1  organizations may notify the program coordinator of their
     2  intention to participate in distribution of deer or other big
     3  game. The coordinator shall include them in its lists unless
     4  good cause otherwise exists.
     5     Section 3.  This act shall take effect in 60 days.

















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