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Public Act 91-0720
HB3119 Enrolled LRB9110181WHcs
AN ACT amending the Good Samaritan Food Donor Act by
adding Section 2.14 and changing Section 3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Good Samaritan Food Donor Act is amended
by adding Section 2.14 and changing Section 3 as follows:
(745 ILCS 50/2.14 new)
Sec. 2.14. Day old bread. "Day old bread" means
confectioneries, bread, or other baked goods that are
wholesome, unspoiled, and fit for human consumption but are
more than 24 hours old or are past their freshness date or
their shelf life. "Day old bread" does not include items or
products that were previously sold or served.
(745 ILCS 50/3) (from Ch. 56 1/2, par. 2003)
Sec. 3. Donor's immunity from liability.
(a) Except as provided in subsection (b), no wild game
donor, farmer, food producer, processor, distributor,
wholesaler, retailer, gleaner of food, any other person (if
that other person donates food that has been inspected by
either a State or federal authority and has not been altered
after that inspection), or a not for profit corporation or
charitable organization whose members provide baked goods
that are not potentially hazardous, or donor of day old
bread, who in good faith donates perishable canned or farm
food items, prepared food, day old bread, or wild game to a
not for profit corporation or charitable organization for
distribution to nursing homes, needy, or poor persons shall
be liable in any civil action based on the theory of
warranty, negligence or strict liability in tort, for damages
incurred resulting from any illness or disease contracted by
the ultimate users or recipients of the food due to the
nature, age, condition, or packaging of the food.
(a-5) The immunity provided under subsection (a) shall
apply to any person or organization that prepares and serves,
for specific events, wild game that has not specifically been
raised, harvested, dressed, or inspected for human
consumption in accordance with existing rules and regulations
of the U.S. or State Departments of Agriculture or any other
state or federal agencies empowered to enforce health and
safety requirements. Placards shall be displayed in a
conspicuous location throughout the event identifying the
food served as uninspected wild game.
(b) The immunity provided in subsection (a) shall not
apply where the following is shown:
(1) that the illness or disease resulted from the
willful, wanton, or reckless acts of the donor; or
(2) that the donor had actual or constructive
knowledge that the food was tainted, contaminated, or
harmful to the health or well-being of the recipient of
such donated food; or
(3) where the food was in the form of canned goods,
that the containers were rusted, leaky, swollen, or
otherwise defective to the extent that they could not be
sold to members of the general public; provided, however,
that the fact that the cans were simply dented does not,
in itself, constitute such a defect so as to preclude the
grant of immunity provided by subsection (a).
(Source: P.A. 88-468, eff. 8-31-93; 88-622, eff. 1-1-95;
89-235, eff. 8-4-95.)
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