House Study Bill 195



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON PAULSEN)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act limiting the liability of manufacturers, distributors, and
  2    sellers of food or nonalcoholic beverages.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2698HC 81
  5 rh/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  668.12A  MANUFACTURERS,
  1  2 DISTRIBUTORS, AND SELLERS OF FOOD OR NONALCOHOLIC BEVERAGES ==
  1  3 LIMITATION OF LIABILITY.
  1  4    The manufacturer, distributor, or seller of a food or
  1  5 nonalcoholic beverage product intended for human consumption
  1  6 shall not be subject to civil liability, whether based on
  1  7 contract, breach of warranty, negligence, strict liability, or
  1  8 tort, relating to the consumption of food or nonalcoholic
  1  9 beverage products unless the plaintiff proves that at the time
  1 10 of sale, the product was not in compliance with applicable
  1 11 federal or state statutory and regulatory requirements.
  1 12                           EXPLANATION
  1 13    This bill limits the liability of manufacturers,
  1 14 distributors, and sellers of food or nonalcoholic beverages.
  1 15    The bill provides that a manufacturer, distributor, or
  1 16 seller of a food or nonalcoholic beverage product intended for
  1 17 human consumption shall not be subject to civil liability,
  1 18 whether based on contract, breach of warranty, negligence,
  1 19 strict liability, or tort, relating to the consumption of food
  1 20 or nonalcoholic beverage products unless the plaintiff proves
  1 21 that at the time of sale, the product was not in compliance
  1 22 with applicable federal or state statutory and regulatory
  1 23 requirements.
  1 24 LSB 2698HC 81
  1 25 rh:nh/sh/8