PRIOR PRINTER'S NOS. 736, 2232 PRINTER'S NO. 2987
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
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JANUARY 30, 1996
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 game FURTHER PROVIDING FOR <--
6 DEFINITIONS AND FOR CHARITABLE OR RELIGIOUS IMMUNITY; AND
7 PROVIDING FOR WILDLIFE donated as food.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 3 and 5 of the act of July 10, 1981
11 (P.L.234, No.76), known as the Donated Food Limited Liability
12 Act, are amended to read:
13 Section 3. Definitions.
14 The following words and phrases as used in this act shall
15 have the meanings given them in this section unless the context
16 clearly indicates otherwise:
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 game animals and game <--
10 birds. WILDLIFE, OR PORTIONS THEREOF. "Food" shall specifically <--
11 exclude canned goods that are rusted, leaking or swollen, or
12 canned goods that are defective or cannot, for health reasons,
13 otherwise be offered for sale to members of the general public.
14 "Game animals." As defined in 34 Pa.C.S. § 102 (relating to <--
15 definitions).
16 "Game birds." As defined in 34 Pa.C.S. § 102 (relating to
17 definitions).
18 "WILDLIFE." AS DEFINED IN 34 PA.C.S. § 102 (RELATING TO <--
19 DEFINITIONS) AND TAKEN BY LAWFUL HUNTING IN ACCORDANCE WITH 34
20 PA.C.S. (RELATING TO GAME) AND 58 PA. CODE (RELATING TO
21 RECREATION).
22 Section 5. Charitable or religious organization immunity.
23 (a) General rule.--Notwithstanding any other provision of
24 law, except as provided in subsection (b), any bona fide
25 charitable or religious organization which receives, in good
26 faith, donated food for ultimate distribution to needy
27 individuals, either for free or for a nominal fee, shall not be
28 subject to criminal or civil liability arising from the
29 condition of such food, if the charitable or religious
30 organization [reasonably] does all of the following:
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1 (1) Reasonably inspects the food, at the time of
2 donation and at the time of distribution, and finds the food
3 fit for human consumption.
4 (2) In the case of game animals or game birds WILDLIFE, <--
5 reasonably processes, prepares and distributes the food.
6 (b) Exception.--The immunity provided by this section shall
7 not extend to charitable or religious organizations where
8 damages result from the negligence, recklessness, or intentional
9 misconduct of the charitable or religious organization, or if
10 the charitable or religious organization has or should have had
11 actual or constructive knowledge that the food is tainted,
12 contaminated, or harmful to the health or well-being of the
13 ultimate recipient.
14 Section 2. This act shall take effect in 60 days. <--
15 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
16 SECTION 5.1. WILDLIFE DONATED AS FOOD.
17 (A) AUTHORIZATION.--WILDLIFE MAY BE DONATED TO, AND
18 PROCESSED, PREPARED AND DISTRIBUTED BY, A CHARITABLE
19 ORGANIZATION WHICH SERVES OR DISTRIBUTES FOOD WITHOUT COST TO
20 NEEDY INDIVIDUALS.
21 (B) INFORMATION.--THE DEPARTMENT OF AGRICULTURE SHALL ENTER
22 INTO A MEMORANDUM OF UNDERSTANDING WITH A RECOGNIZED, NOT-FOR-
23 PROFIT ORGANIZATION REGISTERED WITH THE BUREAU OF CHARITABLE
24 ORGANIZATIONS, UNDER WHICH THE ORGANIZATION WILL SERVE AS
25 PROGRAM COORDINATOR TO MAKE AVAILABLE INFORMATION, INCLUDING
26 COOPERATING PROCESSORS AND CHARITABLE AND RELIGIOUS
27 ORGANIZATIONS WHICH WILL ACCEPT DONATIONS OF WILDLIFE.
28 PROCESSORS AND CHARITABLE AND RELIGIOUS ORGANIZATIONS MAY NOTIFY
29 THE PROGRAM COORDINATOR OF THEIR INTENTION TO PARTICIPATE IN
30 DISTRIBUTION OF WILDLIFE. THE COORDINATOR SHALL INCLUDE THEM IN
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1 ITS LISTS UNLESS GOOD CAUSE OTHERWISE EXISTS.
2 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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