PRIOR PRINTER'S NO. 3690
PRINTER'S NO. 3798
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2477
Session of
2020
INTRODUCED BY ROWE, CAUSER, BERNSTINE, DRISCOLL, JONES, LEWIS,
GLEIM, KLUNK, FEE, M. K. KELLER, KEEFER, POLINCHOCK, GROVE,
MOUL, ZIMMERMAN AND ZABEL, APRIL 30, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 19, 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) 4 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.
* * *
(A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ANY PERSON WHO, IN GOOD FAITH, DONATES FOOD [TO A
CHARITABLE OR RELIGIOUS ORGANIZATION] FOR ULTIMATE FREE
DISTRIBUTION TO NEEDY INDIVIDUALS, 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
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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]
affecting its fitness for human consumption, including, but not
limited to, appearance, AGE, freshness, grade [or], surplus OR
LABELED DATE CODE RECOMMENDED BY THE MANUFACTURER, but shall not
be deemed or construed to restrict the authority of any
authorized agency to otherwise regulate or ban the use of such
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
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considered negligent or reckless.
Section 2. This act shall take effect immediately.
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