Senate File 2153 - Introduced



                                       SENATE FILE       
                                       BY  BRUNKHORST


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

                                      A BILL FOR

  1 An Act limiting the liability of a manufacturer, packer,
  2    distributor, carrier, holder, seller, marketer, or advertiser
  3    of a food product intended for human consumption.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5897SS 81
  6 rh/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  668.12A  MANUFACTURERS, PACKERS,
  1  2 DISTRIBUTORS, CARRIERS, HOLDERS, SELLERS, MARKETERS, AND
  1  3 ADVERTISERS OF FOOD PRODUCTS == LIMITATION OF LIABILITY.
  1  4    The manufacturer, packer, distributor, carrier, holder,
  1  5 seller, marketer, or advertiser of a food product intended for
  1  6 human consumption shall not be subject to civil liability,
  1  7 whether based on breach of contract, breach of warranty,
  1  8 negligence, strict liability, or tort, arising out of weight
  1  9 gain, obesity, a health condition associated with weight gain
  1 10 or obesity, or any other condition allegedly caused by or
  1 11 allegedly likely to result from the consumption of the food
  1 12 product, unless the plaintiff proves that at the time of sale,
  1 13 the food product was not in compliance with applicable federal
  1 14 or state statutory and regulatory requirements.
  1 15                           EXPLANATION
  1 16    This bill limits the liability of a manufacturer, packer,
  1 17 distributor, carrier, holder, seller, marketer, or advertiser
  1 18 of a food product intended for human consumption.
  1 19    The bill provides that a manufacturer, packer, distributor,
  1 20 carrier, holder, seller, marketer, or advertiser of a food
  1 21 product intended for human consumption shall not be subject to
  1 22 civil liability, whether based on breach of contract, breach
  1 23 of warranty, negligence, strict liability, or tort, arising
  1 24 out of weight gain, obesity, a health condition associated
  1 25 with weight gain or obesity, or any other condition allegedly
  1 26 caused by or allegedly likely to result from the consumption
  1 27 of the food product, unless the plaintiff proves that at the
  1 28 time of sale, the food product was not in compliance with
  1 29 applicable federal or state statutory and regulatory
  1 30 requirements.
  1 31 LSB 5897SS 81
  1 32 rh:nh/gg/14