Pennsylvania Act 1996-129 — DONATED FOOD LIMITED LIABILITY ACT - AMEND

Act text

DONATED FOOD LIMITED LIABILITY ACT - AMEND
                 Act of Oct. 30, 1996, P.L. 719, No. 129              Cl. 10
                             Session of 1996
                               No. 1996-129

     HB 664

                                  AN ACT

     Amending the act of July 10, 1981 (P.L.234, No.76), entitled "An
        act providing limited civil and criminal immunity to persons
        donating food to charitable or religious organizations for
        distribution to needy persons and imposing certain powers and
        duties on counties," further providing for definitions and
        for charitable or religious immunity; and providing for
        wildlife donated as food.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 3 and 5 of the act of July 10, 1981
     (P.L.234, No.76), known as the Donated Food Limited Liability
     Act, are amended to read:
      Section 3.  Definitions.
        The following words and phrases as used in this act shall
     have the meanings given them in this section unless the context
     clearly indicates otherwise:
        "Charitable organization."  A charitable organization as
     defined in section 2 of the act of August 9, 1963 (P.L.628,
     No.337), known as the "Solicitation of Charitable Funds Act" and
     which has a current approved registration statement on file with
     the Department of State pursuant to the "Solicitation of
     Charitable Funds Act."
        "Food."  Any fowl, animal, vegetable or other stuff, product
     or article which is customary food or which is proper food for
     human beings. The term shall include wildlife or portions
     thereof. "Food" shall specifically exclude canned goods that are
     rusted, leaking or swollen, or canned goods that are defective
     or cannot, for health reasons, otherwise be offered for sale to
     members of the general public.
        "Wildlife."  As defined in 34 Pa.C.S. § 102 (relating to
     definitions) and taken by lawful hunting in accordance with 34
     Pa.C.S. (relating to game) and 58 Pa. Code (relating to
     recreation).
      Section 5.  Charitable or religious organization immunity.
        (a)  General rule.--Notwithstanding any other provision of
     law, except as provided in subsection (b), any bona fide
     charitable or religious organization which receives, in good
     faith, donated food for ultimate distribution to needy
     individuals, either for free or for a nominal fee, shall not be
     subject to criminal or civil liability arising from the
     condition of such food, if the charitable or religious
     organization [reasonably] does all of the following:
            (1)  Reasonably inspects the food, at the time of
        donation and at the time of distribution, and finds the food
        fit for human consumption.
            (2)  In the case of wildlife, reasonably processes,
        prepares and distributes the food.
        (b)  Exception.--The immunity provided by this section shall
     not extend to charitable or religious organizations where
     damages result from the negligence, recklessness, or intentional
     misconduct of the charitable or religious organization, or if
     the charitable or religious organization 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.
        Section 2.  The act is amended by adding a section to read:
      Section 5.1.  Wildlife donated as food.
        (a)  Authorization.--Wildlife may be donated to and
     processed, prepared and distributed by a charitable organization
     which serves or distributes food without cost to needy
     individuals.
        (b)  Information.--The Department of Agriculture shall enter
     into a memorandum of understanding with a recognized not-for-
     profit organization registered with the Bureau of Charitable
     Organizations, under which the organization will serve as
     program coordinator to make available information, including
     cooperating processors and charitable and religious
     organizations which will accept donations of wildlife.
     Processors and charitable and religious organizations may notify
     the program coordinator of their intention to participate in
     distribution of wildlife. The coordinator shall include them in
     its lists unless good cause otherwise exists.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 30th day of October, A. D. 1996.

     THOMAS J. RIDGE