Chapter 097 |
2019 -- H 5322 AS AMENDED Enacted 07/08/2019 |
A N A C T |
RELATING TO FOOD AND DRUGS - FOOD DONATIONS |
Introduced By: Representatives Marszalkowski, Shanley, Maldonado, McKiernan, and |
Date Introduced: February 07, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Chapter 21-34 of the General Laws entitled "Food Donations" is hereby |
repealed in its entirety. |
CHAPTER 21-34 |
Food Donations |
21-34-1. Immunity from liability for food donors. |
A person, or organization including, but not limited to, a farmer, a processor, distributor, |
wholesaler, or retailer of food, or restaurant, or accredited culinary arts school, who in good faith |
donates food, including surplus, prepared food that has been maintained at a safe temperature, |
which appears to be fit for human consumption at the time it is donated to a bona fide charitable |
or nonprofit organization for the use or distribution to the needy shall not be liable for civil |
damages or criminal penalties for any injury or illness resulting from the nature, age, condition, or |
packaging of the donated food unless the injury or illness is a direct result of the intentional |
misconduct or recklessness of the donor. |
21-34-2. Immunity from liability for distributors. |
A bona fide nonprofit or charitable organization which in good faith receives, prepares |
and distributes to the needy, without charge, food which appears to be fit for human consumption |
at the time it is distributed, including food prepared on the premises of the organization, shall not |
be liable for civil damages or criminal penalties for any injury or illness resulting from the nature, |
age, condition, or packaging of the food unless the injury or illness is a direct result of the |
intentional misconduct or recklessness of the organization. |
21-34-3. Authority of department of health not restricted. |
Nothing contained in this chapter is intended to restrict the authority of the department of |
health to regulate or ban the use of donated food. |
SECTION 2. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
amended by adding thereto the following chapter: |
CHAPTER 34.1 |
RHODE ISLAND FOOD DONATION ACT |
21-34.1-1. Short title. |
This chapter shall be known, and may be cited as "The Rhode Island Food Donation |
Act." |
21-34.1-2. Definitions. |
For the purposes of this chapter: |
(1) "Director" means the director of The department of health. |
(2) "Enforcement officers" means authorized agents of the director responsible for |
inspecting food, food establishments, dairies, or foodborne disease outbreaks. |
(3) "Food bank" means a surplus food collection and distribution system operated and |
established to assist in bringing donated food to nonprofit charitable organizations and |
individuals for the purposes of reducing hunger and supplying nutritional needs. |
(4) "Food facility" means a food establishment that sells food for human consumption to |
the general public and shall include nonprofit food distributors, hospitals, and school and |
educational facilities. |
(5) "Gleaner" means a person who harvests for free distribution to the needy, or for |
donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop |
that has been donated by the owner. |
(6) "Person" means an individual. |
21-34.1-3. Immunity from liability for food donors. |
(a) A person, gleaner, or food facility may donate food to a food bank or to any other |
nonprofit charitable organization for distribution to persons free of charge. Food facilities may |
donate food directly to end recipients for consumption. |
(b) Except for injury resulting from gross negligence or intentional misconduct in the |
preparation or handling of donated food, no person, gleaner, or food facility who or that donates |
food that is fit for human consumption at the time it was donated to a nonprofit charitable |
organization or food bank shall be liable for any damage or injury resulting from the consumption |
of the donated food. Food facilities may donate food directly to end recipients for consumption. |
(c) The immunity from civil liability provided by this chapter applies regardless of |
compliance with any laws, regulations, or ordinances regulating the packaging or labeling of |
food, and regardless of compliance with any laws, regulations, or ordinances regulating the |
storage or handling of the food by the donee after the donation of the food. The donation of |
nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life |
date recommended by the manufacturer is protected under the Rhode Island food donation act. |
The donation of perishable food that is fit for human consumption but that has exceeded the |
labeled shelf life date recommended by the manufacturer is protected under the Rhode Island |
food donation act if the person who or that distributes the food to the end recipient makes a good- |
faith evaluation that the food to be donated is wholesome. |
(d) A nonprofit charitable organization or a food bank that, in good faith, receives and |
distributes food without charge that is fit for human consumption at the time it was distributed is |
not liable for an injury or death due to the food unless the injury or death is a direct result of the |
gross negligence or intentional misconduct of the organization. |
(e) Nothing in this chapter shall be construed to limit the ability of a person, gleaner, or |
food facility to donate food. |
(f) A person or gleaner engaged in the business of processing, distributing, or selling an |
agricultural product may donate, free of charge, a product that is in a condition that it may be |
used as food for human consumption to a nonprofit charitable organization within the state. Food |
facilities may donate food directly to end recipients for consumption. The donation of |
nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf life |
date recommended by the manufacturer is protected under the Rhode Island food donation act. |
The donation of perishable food that is fit for human consumption, but that has exceeded the |
labeled shelf life date recommended by the manufacturer is protected under the Rhode Island |
food donation act if the person who or that distributes the food to the end recipient makes a good- |
faith evaluation that the food to be donated is wholesome. |
(g) To assist in accomplishing the purposes of this chapter, the director may redistribute |
donated agricultural products to organizations operating pursuant to this chapter. |
21-34.1-4. Expiration dates. |
A person, gleaner, or food facility who or that donates food as permitted by law shall not |
be subject to civil or criminal liability or penalty for violation of any laws, regulations, or |
ordinances regulating the labeling or packaging of the donated product or, with respect to any |
other laws, regulations, or ordinances, for a violation occurring after the time of the donation. The |
donation of nonperishable food that is fit for human consumption but that has exceeded the |
labeled shelf life date recommended by the manufacturer is protected under the Rhode Island |
food donation act. The donation of perishable food that is fit for human consumption but that has |
exceeded the labeled shelf life date recommended by the manufacturer is protected under the |
Rhode Island food donation act if the person that distributes the food to the end recipient makes a |
good-faith evaluation that the food to be donated is wholesome. |
21-34.1-5. Public education. |
In implementing this chapter, enforcement officers shall promote the recovery of food fit |
for human consumption during their normal, routine inspections. Promotion shall include, but not |
be limited to, newsletters, bulletins, and handouts that inform retail food facility operators about |
the protections from civil and criminal liability when donating food. |
21-34.1-6. Implementing rules and regulations. |
The director shall adopt rules and regulations to implement the provisions of this chapter. |
SECTION 3. This act shall take effect upon passage. |
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LC001318 |
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