PRINTER'S NO. 736
No. 664 Session of 1995
INTRODUCED BY BAKER, CLARK, WAUGH, GEIST, STABACK, FLICK,
RUBLEY, GODSHALL, MELIO, GRUPPO, PITTS, D. R. WRIGHT,
FICHTER, SURRA, RUDY, ZUG, SCHRODER, NICKOL, HENNESSEY,
PETRONE, STAIRS, HERMAN, SCRIMENTI, FLEAGLE, MILLER, HERSHEY,
LYNCH, McCALL, READSHAW, E. Z. TAYLOR, NAILOR, TIGUE, BUNT,
TRELLO, BELFANTI, YOUNGBLOOD, EGOLF, HUTCHINSON, SAYLOR,
DeLUCA, CLYMER, MERRY, STERN, LAUGHLIN, FARGO, PETTIT,
MARSICO, HESS, GRUITZA, CAPPABIANCA, CIVERA, PHILLIPS,
B. SMITH, BARLEY, COLAIZZO, GANNON AND SCHULER,
FEBRUARY 13, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 13, 1995
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 wildlife donated as food.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3 of the act of July 10, 1981 (P.L.234,
9 No.76), known as the Donated Food Limited Liability Act, is
10 amended to read:
11 Section 3. Definitions.
12 The following words and phrases as used in this act shall
13 have the meanings given them in this section unless the context
14 clearly indicates otherwise:
15 "Charitable organization." A charitable organization as
1 defined in section 2 of the act of August 9, 1963 (P.L.628,
2 No.337), known as the "Solicitation of Charitable Funds Act" and
3 which has a current approved registration statement on file with
4 the Department of State pursuant to the "Solicitation of
5 Charitable Funds Act."
6 "Food." Any fowl, animal, vegetable or other stuff, product
7 or article which is customary food or which is proper food for
8 human beings. The term shall include wildlife or portions
9 thereof. "Food" shall specifically exclude canned goods that are
10 rusted, leaking or swollen, or canned goods that are defective
11 or cannot, for health reasons, otherwise be offered for sale to
12 members of the general public.
13 "Wildlife." As defined in 34 Pa.C.S. § 102 (relating to
14 definitions) and taken by lawful hunting in accordance with 34
15 Pa.C.S. (relating to game) and 58 Pa. Code (relating to
16 recreation).
17 Section 2. The act is amended by adding a section to read:
18 Section 5.1. Wildlife donated as food.
19 Wildlife may be donated to, and processed, prepared and
20 distributed by a charitable organization which serves or
21 distributes food without cost to needy individuals.
22 Section 3. This act shall take effect in 60 days.
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