1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 4060 By: Wallace
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6 AS INTRODUCED
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7 An Act relating to agriculture; creating the Donated
7 Agriculture and Wild Game Foods Act; defining terms;
8 providing for criminal and civil liability under
8 certain circumstances; referencing liability found in
9 76 O.S. 2021, Section 5.6; retaining agency authority
9 to regulate inspect, regulate, and ban certain foods;
10 requiring a review of rules; requiring a report;
10 amending 76 O.S. 2021, Section 5.6; requiring posting
11 of the Donated Agriculture and Wild Game Foods Act on
11 the State Department of Health's website; requiring
12 posting of similar information on the Oklahoma
12 Department of Agriculture, Food, and Forestry's
13 website; providing for codification; and providing an
13 effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 5-601 of Title 2, unless there
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20 is created a duplication in numbering, reads as follows:
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21 This act shall be known and may be cited as the "Donated
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22 Agriculture and Wild Game Foods Act".
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 5-602 of Title 2, unless there
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3 is created a duplication in numbering, reads as follows:
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4 For the purpose of this Act, the following definitions shall
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5 apply:
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6 1. "Charitable organization" means any benevolent,
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7 philanthropic, patriotic, eleemosynary, educational, social, civic,
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8 recreational or religious group or association, or any other person
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9 performing or purporting to perform acts beneficial to the public;
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10 2. "Food" means any raw, cooked, processed, or prepared edible
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11 substance, ice, beverage, or ingredient used or intended to be used
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12 in whole or in part for human consumption that is apparently fit for
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13 human consumption. Food includes nonperishable food, perishable
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14 food, and wild game;
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15 3. "Gleaner" means a person who gleans an agricultural crop
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16 that has been donated by the owner of the agricultural crop;
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17 4. "Gleans" or "gleaned" means to gather an agricultural crop
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18 leftover after a harvest;
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19 5. "Nonprofit corporation" means a corporation formed for a
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20 purpose not involving pecuniary gain to its shareholders or members,
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21 paying no dividends or other pecuniary remuneration, directly or
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22 indirectly, to its shareholders or members as such, and having no
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23 capital stock;
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 1 6. "Nonperishable food" means any food that has been
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2 commercially processed, prepared, and packaged for human consumption
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3 and that is intended to remain fit for human consumption without
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4 refrigeration for a reasonable length of time;
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5 7. "Person" means an individual, corporation, business trust,
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6 estate trust, partnership, limited liability company, association,
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7 joint venture, or any other legal or commercial entity. Person does
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8 not include a government, governmental subdivision, agency,
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9 instrumentality, or a public corporation;
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10 8. "Perishable food" means any food that may spoil or otherwise
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11 become unfit for human consumption because of its nature, type, or
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12 physical condition. Perishable food includes all of the following:
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13 a. fresh and processed meats, poultry, fish, dairy
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14 products, or bakery products,
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15 b. eggs in shell, and
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16 c. fresh fruits and vegetables;
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17 9. "State agency" means any office, department, board,
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18 commission, committee, court, school district, board of education,
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19 or other instrumentality of the government of this state existing by
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20 virtue of an act of the Oklahoma Legislature or the Constitution of
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21 this state;
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22 10. "Wild game" means any of the following that are legally
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23 taken under the laws of this state:
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 1 a. game animals as defined in Sections 2-116 and 2-145 of
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2 Title 29 of the Oklahoma Statutes,
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3 b. game birds as defined in Sections 2-112 and 2-114 of
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4 Title 29 of the Oklahoma Statutes, and
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5 c. game fish as defined in Section 2-115 in Title 29 of
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6 the Oklahoma Statutes.
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7 SECTION 3. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 5-603 of Title 2, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. A person or gleaner who, in good faith, donates food for
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11 ultimate distribution without charge by a nonprofit corporation, a
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12 charitable organization, or a state agency shall not be liable for
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13 civil damages or criminal penalties resulting from the nature, age,
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14 condition, or packaging of the donated food, unless an injury or
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15 death is caused by the gross negligence, recklessness, or
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16 intentional misconduct of the person or gleaner.
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17 B. A person who, in good faith, provides services related to
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18 the processing of wild game that is donated to a nonprofit
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19 corporation, a charitable organization, or a state agency for
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20 ultimate distribution without charge by the nonprofit organization
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21 or the state agency shall not be liable for civil damages or
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22 criminal penalties resulting from the nature, age, condition, or
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23 packaging of the donated food, unless an injury or death is caused
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 1 by gross negligence, recklessness, or intentional misconduct of the
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2 person.
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3 C. A nonprofit corporation or charitable organization that, in
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4 good faith, accepts donate food for ultimate distribution without
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5 charge shall not be liable for civil damages or criminal penalties
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6 resulting from the nature, age, condition, or packaging of the
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7 donated food, unless an injury or death is caused by gross
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8 negligence, recklessness, or intentional misconduct of the nonprofit
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9 organization.
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10 D. Nothing in this section shall supersede the liability found
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11 in Section 5.6 of Title 76 of the Oklahoma Statutes.
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12 SECTION 4. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 5-604 of Title 2, unless there
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14 is created a duplication in numbering, reads as follows:
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15 This act shall not restrict or preempt the authority granted to
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16 the State Department of Health and the Oklahoma Department of
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17 Agriculture, Food, and Forestry by other law to inspect, regulate,
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18 or ban food.
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19 SECTION 5. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 5-605 of Title 2 of the Oklahoma
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21 Statutes, unless there is created a duplication in numbering, reads
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22 as follows:
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23 A. The State Department of Health and the Oklahoma Department
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24 of Agriculture, Food, and Forestry shall:
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 1 1. Review any such regulations that have an effect on limiting
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2 the use of donated or gleaned food, with the goal of eliminating
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3 unnecessary regulations and increasing the supply of usable donated
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4 or gleaned food while protecting public health; and
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5 2. Submit their review of such regulations no later than
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6 January 1, 2025, in a report to the Governor, the Speaker of the
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7 Oklahoma House of Representatives, and the Speaker Pro Tempore of
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8 the Oklahoma State Senate.
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9 SECTION 6. AMENDATORY 76 O.S. 2021, Section 5.6, is
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10 amended to read as follows:
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11 A. Any donor who makes a good-faith donation of food which is
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12 at the time of donation fit for human consumption to a charitable
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13 organization or nonprofit corporation shall not be liable for
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14 damages in any civil suit or subject to criminal prosecution for any
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15 injury resulting from the nature, age, condition or packaging of the
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16 donated food, unless the injury or death is a direct result of the
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17 gross negligence, recklessness, or intentional misconduct of the
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18 donor.
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19 B. Information shall be posted with the State Department of
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20 Health on its website under the existing heading "Protective Health"
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21 within a new section labeled "Options for Safe Food Donation" with
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22 hyperlinks to Section 5.6 of Title 76 of the Oklahoma Statutes,
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23 Section 5-601 et seq. of Title 2 of the Oklahoma Statutes, Oklahoma
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24 Administration Code Title 310: Chapter 257, 42 U.S.C., Section 1791,
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 1 and to the website of Oklahoma State University's Robert S. Kerr
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2 Food and Agriculture Products Center. The Oklahoma Department of
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3 Agriculture, Food, and Forestry shall also post on its website in a
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4 new section labeled "Options for Safe Food Donation" with hyperlinks
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5 to Section 5.6 of Title 76 of the Oklahoma Statutes, Section 5-601
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6 et seq. of Title 2 of the Oklahoma Statutes, Oklahoma Administration
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7 Code Title 310: Chapter 257, 42 U.S.C., Section 1791, and to the
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8 website of Oklahoma State University's Robert S. Kerr Food and
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9 Agriculture Products Center.
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10 C. This section shall apply to all good-faith donations of
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11 perishable or nonperishable food which is not readily marketable due
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12 to appearance, freshness, grade or other conditions.
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13 D. This section shall not restrict the authority of any
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14 appropriate agency to regulate or ban the use of such food for human
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15 consumption.
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16 E. For purposes of this section:
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17 1. "Donor" means any person, profit or nonprofit food
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18 distributor, or person who harvests perishable foods who makes a
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19 good-faith donation of food;
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20 2. "Good-faith donation" means a gift conferred without
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21 condition or consideration;
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22 3. "Charitable organization" means any benevolent,
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23 philanthropic, patriotic, eleemosynary, educational, social, civic,
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 1 recreational or religious group or association or any other person
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2 performing or purporting to perform acts beneficial to the public;
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3 4. "Nonprofit corporation" means a corporation formed for a
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4 purpose not involving pecuniary gain to its shareholders or members,
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5 paying no dividends or other pecuniary remuneration, directly or
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6 indirectly, to its shareholders or members as such, and having no
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7 capital stock; and
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8 5. "Food" includes any packaged, prepared, perishable or
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9 nonperishable food item.
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10 SECTION 7. This act shall become effective November 1, 2024.
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12 59-2-9102 MKS 01/17/24
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