Full Text of SB2944 93rd General Assembly
SB2944sam001 93RD GENERAL ASSEMBLY
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Dan Rutherford
Filed: 2/19/2004
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| AMENDMENT TO SENATE BILL 2944
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| AMENDMENT NO. ______. Amend Senate Bill 2944 by replacing | 3 |
| the title with the following: | 4 |
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| "AN ACT concerning food."; and | 6 |
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| by inserting at the end of the bill the following:
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| "Section 10. The Good Samaritan Food Donor Act is amended | 9 |
| by changing Section 3 as follows:
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| (745 ILCS 50/3) (from Ch. 56 1/2, par. 2003)
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| Sec. 3. Donor's immunity from liability.
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| (a) Except as provided in subsection (b), no wild game
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| donor, farmer, food producer, processor, distributor, | 14 |
| wholesaler, retailer,
gleaner of food, any other person (if | 15 |
| that other person donates food that
has been inspected by | 16 |
| either a State or federal authority and has not been
altered | 17 |
| after that inspection), a not for profit corporation or
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| charitable organization whose members provide baked goods that | 19 |
| are not
potentially
hazardous, or donor of day old bread,
who | 20 |
| in good faith donates perishable canned or farm food items,
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| prepared food, day old bread,
or wild game to a not for profit | 22 |
| corporation or charitable
organization for distribution to | 23 |
| nursing homes, needy, or poor persons shall be
liable in any | 24 |
| civil action based on the theory of warranty, negligence or
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| strict liability in tort, for damages incurred resulting from | 2 |
| any illness or
disease contracted by the ultimate users or | 3 |
| recipients of the food due to the
nature, age, condition, or | 4 |
| packaging of the food.
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| (a-5) The immunity provided under subsection (a) shall | 6 |
| apply to any person
or organization that prepares and serves, | 7 |
| for specific events, wild game
that has not specifically been | 8 |
| raised, harvested, dressed, or inspected for
human consumption | 9 |
| in accordance with existing rules and regulations of the U.S.
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| or State Departments of Agriculture or any other state or | 11 |
| federal agencies
empowered to enforce health and safety | 12 |
| requirements. Placards shall be
displayed in a conspicuous | 13 |
| location throughout the event identifying the food
served as | 14 |
| uninspected wild game.
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| (a-10) The immunity provided under subsection (a) shall | 16 |
| apply to any person or organization that prepares and serves, | 17 |
| for a potluck event, food that has not specifically been | 18 |
| inspected for human consumption in accordance with existing | 19 |
| rules and regulations of the U.S. or State Departments of | 20 |
| Agriculture or any other State or federal agencies empowered to | 21 |
| enforce health and safety requirements. Placards shall be | 22 |
| displayed in conspicuous locations throughout the potluck | 23 |
| event identifying the food served as uninspected food.
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| (b) The immunity provided in subsection (a) shall not apply | 25 |
| where the
following is shown:
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| (1) that the illness or disease resulted from the | 27 |
| willful, wanton, or
reckless acts of the donor; or
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| (2) that the donor had actual or constructive knowledge | 29 |
| that the food
was tainted, contaminated, or harmful to the | 30 |
| health or well-being of the
recipient of such donated food; | 31 |
| or
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| (3) where the food was in the form of canned goods, | 33 |
| that the containers
were rusted, leaky, swollen, or | 34 |
| otherwise defective to the extent that they
could not be |
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| sold to members of the general public; provided, however, | 2 |
| that
the fact that the cans were simply dented does not, in | 3 |
| itself, constitute
such a defect so as to preclude the | 4 |
| grant of immunity provided by subsection
(a).
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| (Source: P.A. 91-720, eff. 1-1-01.)".
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