Bill Summary – FastDemocracy

PRINTER'S NO.    3093
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 2286
                                               Session of
                                                 2024
     INTRODUCED BY KHAN, ROWE, HILL-EVANS, PASHINSKI, SANCHEZ,
        ZIMMERMAN, HAMM, GIRAL, ROZZI, KENYATTA, STEELE, KINKEAD AND
        LEADBETER, MAY 14, 2024
     REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
        MAY 14, 2024
                                    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
 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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