PRINTER'S NO. 2729
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1950
Session of
2019
INTRODUCED BY OTTEN, KOSIEROWSKI, MURT, HILL-EVANS, BRIGGS,
SCHLOSSBERG, ZABEL, CEPHAS, STURLA, CALTAGIRONE, KIM,
JOHNSON-HARRELL, FRANKEL AND BULLOCK, OCTOBER 21, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
OCTOBER 21, 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 and
for charitable or religious organization immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4 and 5(a) of the act of July 10, 1981
(P.L.234, No.76), known as the Donated Food Limited Liability
Act, are amended to read:
Section 4. Donor immunity.
(a) General rule.--Notwithstanding any other provision of
law, any person, corporation, unincorporated business entity or
operator of a farm, or an employee, agent, officer or volunteer
thereof who, in good faith, donates food to a charitable or
religious organization or any other person for ultimate [free]
distribution to needy individuals, either for free or for a
nominal fee sufficient only to cover the cost of handling the
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food, shall not be subject to criminal or civil liability
arising from the condition of such food, if the donor reasonably
inspects the food at the time of donation and finds the food fit
for human consumption. The immunity provided by this subsection
shall not extend to donors where damages result from the
negligence, recklessness or intentional misconduct of the donor,
or if the donor has, or should have had, actual or constructive
knowledge that the food is tainted, contaminated or harmful to
the health or well-being of the ultimate recipient.
(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 its
fitness for human consumption including but not limited to
appearance, freshness, grade or surplus, or open-dated food with
a date that has passed, but shall not be deemed or construed to
restrict the authority of any authorized agency to otherwise
regulate or ban the use of [such] the food for human
consumption.
Section 5. Charitable or religious organization immunity.
(a) General rule.--Notwithstanding any other provision of
law, except as provided in subsection (b), any bona fide
charitable or religious organization which receives, in good
faith, donated food for ultimate distribution to needy
individuals, either for free or for a nominal fee sufficient
only to cover the cost of handling the food, shall not be
subject to criminal or civil liability arising from the
condition of [such] the food, if the charitable or religious
organization does all of the following:
(1) Reasonably inspects the food, at the time of
donation and at the time of distribution, and finds the food
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fit for human consumption.
(2) In the case of wildlife, reasonably processes,
prepares and distributes the food.
* * *
Section 2. This act shall take effect in 60 days.
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