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92_HB2435 LRB9204540ARsb 1 AN ACT concerning food donations. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Good Samaritan Food Donor Act is amended 5 by adding Section 2.15 and changing Section 3 as follows: 6 (745 ILCS 50/2.15 new) 7 Sec. 2.15. Food with damaged packaging. "Food with 8 damaged packaging" includes any item of food that is 9 wholesome, unspoiled, and fit for human consumption that is 10 in a container or other packaging that has been damaged, so 11 as to make the item unfit for retail sale. "Food with 12 damaged packaging" does not include canned goods in rusted, 13 leaky, or swollen containers. 14 (745 ILCS 50/3) (from Ch. 56 1/2, par. 2003) 15 Sec. 3. Donor's immunity from liability. 16 (a) Except as provided in subsection (b), no wild game 17 donor, farmer, food producer, processor, distributor, 18 wholesaler, retailer, gleaner of food, any other person (if 19 that other person donates food that has been inspected by 20 either a State or federal authority and has not been altered 21 after that inspection), a not for profit corporation or 22 charitable organization whose members provide baked goods 23 that are not potentially hazardous,ordonor of day old 24 bread, or a donor of food with damaged packaging who in good 25 faith donates perishable canned or farm food items, prepared 26 food, day old bread, food with damaged packaging, or wild 27 game to a not for profit corporation or charitable 28 organization for distribution to nursing homes, needy, or 29 poor persons shall be liable in any civil action based on the 30 theory of warranty, negligence or strict liability in tort, -2- LRB9204540ARsb 1 for damages incurred resulting from any illness or disease 2 contracted by the ultimate users or recipients of the food 3 due to the nature, age, condition, or packaging of the food. 4 (a-5) The immunity provided under subsection (a) shall 5 apply to any person or organization that prepares and serves, 6 for specific events, wild game that has not specifically been 7 raised, harvested, dressed, or inspected for human 8 consumption in accordance with existing rules and regulations 9 of the U.S. or State Departments of Agriculture or any other 10 state or federal agencies empowered to enforce health and 11 safety requirements. Placards shall be displayed in a 12 conspicuous location throughout the event identifying the 13 food served as uninspected wild game. 14 (b) The immunity provided in subsection (a) shall not 15 apply where the following is shown: 16 (1) that the illness or disease resulted from the 17 willful, wanton, or reckless acts of the donor; or 18 (2) that the donor had actual or constructive 19 knowledge that the food was tainted, contaminated, or 20 harmful to the health or well-being of the recipient of 21 such donated food; or 22 (3) where the food was in the form of canned goods, 23 that the containers were rusted, leaky, swollen, or 24 otherwise defective to the extent that they could not be 25 sold to members of the general public; provided, however, 26 that the fact that the cans were simply dented does not, 27 in itself, constitute such a defect so as to preclude the 28 grant of immunity provided by subsection (a). 29 (Source: P.A. 91-720, eff. 1-1-01.)