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