SF 590 (LSB 1829SV (3) 91)

SENATE FILE 590

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SF 359)

A BILL FOR

An Act limiting liability for food distributors who donate food to charitable or nonprofit organizations or certain government entities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 672.1, subsection 2, Code 2025, is amended to read as follows:
   2.  A gleaner, or a restaurant, food establishment, food service establishment, school, manufacturer of foodstuffs, meat or poultry establishment licensed pursuant to chapter 189A, food distributor, or other person who, in good faith, donates food to a charitable or nonprofit organization for ultimate free distribution to needy individuals, or to the department of natural resources or a county conservation board for use in a free interpretive educational program, is not subject to criminal or civil liability arising from the condition of the food if the donor reasonably inspects the food at the time of the donation and finds the food fit for human consumption. The immunity provided by this subsection does not extend to a donor or gleaner if damages result from the negligence, recklessness, or intentional misconduct of the donor, or if the donor or gleaner has, or should have had, actual or constructive knowledge that the food is tainted, contaminated, or harmful to the health or well-being of the ultimate recipient.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends Code section 672.1 providing that a person is exempt from criminal or civil liability for donating food to a charitable or nonprofit organization or to the department of natural resources or a county conservation board so long as the person is acting in good faith. The charitable or nonprofit organization must distribute the food free to needy individuals. The department of natural resources or a county conservation board must use the food as part of a free interpretive educational program. The Code section includes a list of persons who are expressly granted the exemption, including a gleaner, restaurant, food establishment, food service establishment, school, manufacturer of foodstuffs, or meat or poultry processing establishment. The bill provides that a food distributor is included in the list.