State of Illinois
92nd General Assembly
Legislation

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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,  or  donor  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.)

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