SB3066 100TH GENERAL ASSEMBLY

LRB100 17999 HEP 35946 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3066

Introduced 2/15/2018, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

New Act
745 ILCS 50/Act rep.

Repeals the Good Samaritan Food Donor Act. Creates the Good Samaritan Food Donation Act. Defines terms. Provides that, except in cases of gross negligence or intentional misconduct, a person, gleaner, or nonprofit organization is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that was donated or received for ultimate distribution to needy individuals. Provides that, except in cases of gross negligence or intentional misconduct, a person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals is not subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative. Provides that if some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products are immune from civil or criminal liability if specified conditions are met. Provides that the Act shall not be construed to create any liability, and that nothing in the Act shall be construed to supersede State or local health regulations. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Good Samaritan Food Donation Act.

Section 5. Definitions. As used in this Act:

"Apparently fit grocery product" means a grocery product that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

"Apparently wholesome food" means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

"Donate" means to give without requiring anything of monetary value from the recipient, except that "donate" includes giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value.

"Food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

"Gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.

"Grocery product" means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.

"Gross negligence" means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.

"Intentional misconduct" means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.

"Nonprofit organization" means an incorporated or unincorporated entity that:

(1) is operating for religious, charitable, or educational purposes; and

(2) does not provide net earnings to or operate in any other manner that inures to the benefit of any officer, employee, or shareholder of the entity.

"Person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, "person" includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity.

Section 10. Liability for damages from donated food and grocery products.

(a) A person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.

(b) A nonprofit organization is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals.

(c) Subsections (a) and (b) do not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the person, gleaner, or nonprofit organization, as applicable, constituting gross negligence or intentional misconduct.

Section 15. Collection or gleaning of donations. A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals is not subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this Section does not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.

Section 20. Partial compliance. If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products are immune from civil or criminal liability if the nonprofit organization that receives the donated food or grocery products:

(1) is informed by the donor of the distressed or defective condition of the donated food or grocery products;

(2) agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and

(3) is knowledgeable of the standards to properly recondition the donated food or grocery product.

Section 25. Construction. This Act shall not be construed to create any liability. Nothing in this Act shall be construed to supersede State or local health regulations.

(745 ILCS 50/Act rep.)

Section 30. The Good Samaritan Food Donor Act is repealed.

Section 99. Effective date. This Act takes effect upon becoming law.