House Study Bill 741 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            NATURAL RESOURCES BILL
                                            BY CHAIRPERSON BELL)


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

                                      A BILL FOR

  1 An Act relating to the donation of food to the department of
  2    natural resources.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6491HC 82
  5 jr/nh/5

PAG LIN



  1  1    Section 1.  Section 672.1, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  A gleaner, or a restaurant, food establishment, food
  1  4 service establishment, school, manufacturer of foodstuffs,
  1  5 meat or poultry establishment licensed pursuant to chapter
  1  6 189A, or other person who, in good faith, donates food to a
  1  7 charitable or nonprofit organization for ultimate free
  1  8 distribution to needy individuals, or to the department of
  1  9 natural resources for use in an interpretive educational
  1 10 display, is not subject to criminal or civil liability arising
  1 11 from the condition of the food if the donor reasonably
  1 12 inspects the food at the time of the donation and finds the
  1 13 food fit for human consumption.  The immunity provided by this
  1 14 subsection does not extend to a donor or gleaner if damages
  1 15 result from the negligence, recklessness, or intentional
  1 16 misconduct of the donor, or if the donor or gleaner has, or
  1 17 should have had, actual or constructive knowledge that the
  1 18 food is tainted, contaminated, or harmful to the health or
  1 19 well=being of the ultimate recipient.
  1 20                           EXPLANATION
  1 21    Code chapter 672 provides limited liability for persons who
  1 22 donate food for free distribution to the needy, if the donor
  1 23 reasonably inspects the food at the time of the donation and
  1 24 finds the food fit for human consumption.  This bill extends
  1 25 that protection to persons who donate food to the department
  1 26 of natural resources for use in an interpretive educational
  1 27 display.
  1 28 LSB 6491HC 82
  1 29 jr/nh/5