PRINTER'S NO. 2800
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1999
Session of
2019
INTRODUCED BY SHUSTERMAN, ZABEL, SCHLOSSBERG, READSHAW, HILL-
EVANS, CALTAGIRONE, McNEILL, WILLIAMS, NEILSON, O'MARA AND
SANCHEZ, OCTOBER 25, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
OCTOBER 25, 2019
AN ACT
Amending the act of July 10, 1981 (P.L.234, No.76), entitled "An
act providing limited civil and criminal immunity to persons
donating food to charitable or religious organizations for
distribution to needy persons and imposing certain powers and
duties on counties," further providing for donor immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(b) of the act of July 10, 1981
(P.L.234, No.76), known as the Donated Food Limited Liability
Act, is amended to read:
Section 4. Donor immunity.
* * *
(b) Condition of food.--The immunity provided by this
section is applicable to the good faith donation of food not
readily marketable due to considerations not [effecting]
affecting its fitness for human consumption, including, but not
limited to, appearance, freshness, grade or surplus, but shall
not be deemed or construed to restrict the authority of any
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authorized agency to otherwise regulate or ban the use of such
food for human consumption. The following shall apply:
(1) No person or food facility that donates food as
permitted by law may be subject to civil or criminal
liability or penalty for violation of any laws, regulations
or ordinances regulating the labeling or packaging of the
donated product or, with respect to any other laws,
regulations or ordinances, for a violation occurring after
the time of the donation.
(2) No person or food facility that donates perishable
food or nonperishable food that is fit for human consumption
but has exceeded the labeled shelf life date recommended by
the manufacturer may be subject to criminal or civil
liability arising from the condition of the food if the
person that distributes the food to the end recipient makes a
good faith evaluation that the food to be donated is
wholesome in accordance with this act.
Section 2. This act shall take effect in 60 days.
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