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PRINTER'S NO. 3690
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2477
Session of
2020
INTRODUCED BY ROWE, CAUSER, BERNSTINE, DRISCOLL, JONES, LEWIS,
GLEIM, KLUNK, FEE AND M. K. KELLER, APRIL 30, 2020
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 30, 2020
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
authorized agency to otherwise regulate or ban the use of such
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food for human consumption. The following shall apply:
(1) No person 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 that donates food that is fit for human
consumption but has exceeded the labeled date code
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 fit for
human consumption in accordance with this act.
(3) A donation under this subsection shall not be
considered negligent or reckless.
Section 2. This act shall take effect immediately.
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