PRIOR PRINTER'S NO. 2654 PRINTER'S NO. 3249
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 19930H2151B3249 - 2 -
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. J6L10BIL/19930H2151B3249 - 3 -