Senate
File
590
-
Introduced
SENATE
FILE
590
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
359)
A
BILL
FOR
An
Act
limiting
liability
for
food
distributors
who
donate
1
food
to
charitable
or
nonprofit
organizations
or
certain
2
government
entities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
672.1,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
A
gleaner,
or
a
restaurant,
food
establishment,
food
3
service
establishment,
school,
manufacturer
of
foodstuffs,
meat
4
or
poultry
establishment
licensed
pursuant
to
chapter
189A
,
5
food
distributor,
or
other
person
who,
in
good
faith,
donates
6
food
to
a
charitable
or
nonprofit
organization
for
ultimate
7
free
distribution
to
needy
individuals,
or
to
the
department
8
of
natural
resources
or
a
county
conservation
board
for
use
9
in
a
free
interpretive
educational
program,
is
not
subject
to
10
criminal
or
civil
liability
arising
from
the
condition
of
the
11
food
if
the
donor
reasonably
inspects
the
food
at
the
time
of
12
the
donation
and
finds
the
food
fit
for
human
consumption.
The
13
immunity
provided
by
this
subsection
does
not
extend
to
a
donor
14
or
gleaner
if
damages
result
from
the
negligence,
recklessness,
15
or
intentional
misconduct
of
the
donor,
or
if
the
donor
16
or
gleaner
has,
or
should
have
had,
actual
or
constructive
17
knowledge
that
the
food
is
tainted,
contaminated,
or
harmful
to
18
the
health
or
well-being
of
the
ultimate
recipient.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
amends
Code
section
672.1
providing
that
a
person
23
is
exempt
from
criminal
or
civil
liability
for
donating
food
24
to
a
charitable
or
nonprofit
organization
or
to
the
department
25
of
natural
resources
or
a
county
conservation
board
so
long
26
as
the
person
is
acting
in
good
faith.
The
charitable
or
27
nonprofit
organization
must
distribute
the
food
free
to
28
needy
individuals.
The
department
of
natural
resources
or
a
29
county
conservation
board
must
use
the
food
as
part
of
a
free
30
interpretive
educational
program.
The
Code
section
includes
31
a
list
of
persons
who
are
expressly
granted
the
exemption,
32
including
a
gleaner,
restaurant,
food
establishment,
food
33
service
establishment,
school,
manufacturer
of
foodstuffs,
or
34
meat
or
poultry
processing
establishment.
The
bill
provides
35
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that
a
food
distributor
is
included
in
the
list.
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