PRINTER'S NO. 155
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
187
Session of
2021
INTRODUCED BY ROWE, CAUSER, JONES, KAUFFMAN, MILLARD, B. MILLER,
MOUL, NEILSON, ROTHMAN, GLEIM, HAMM AND ZIMMERMAN,
JANUARY 21, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JANUARY 21, 2021
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 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
donation and finds the food fit for human consumption. The
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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.
Section 2. This act shall take effect immediately.
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