Bill Text: HI HB2706 | 2020 | Regular Session | Introduced
Bill Title: Relating To The Donation Of Food.
Spectrum: Strong Partisan Bill (Democrat 30-2)
Status: (Introduced - Dead) 2020-02-07 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) McDermott, Yamashita excused (2). [HB2706 Detail]
Download: Hawaii-2020-HB2706-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2706 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the donation of food.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Promotion
of food donation. In
implementing this chapter, registered sanitarians or food and drug inspectors
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 food establishment operators
about the protections from civil and criminal liability when donating food."
SECTION 2. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
(b) A person, gleaner, or food facility may
donate, free of charge, food that is fit for human consumption:
(1) Directly to end recipients for
consumption; or
(2) To a charitable, religious, or
nonprofit organization or food bank.
(c) A person, gleaner, or food facility that
donates food as permitted by this section shall not be subject to civil or
criminal liability for violation of any laws, regulations, or ordinances
regulating the labeling or packaging of the donated food or, with respect to
any other laws, regulations, or ordinances, for a violation occurring after the
time of the donation.
(d) A person, gleaner, or food facility may
donate perishable or nonperishable food that is fit for human consumption but
has exceeded the labeled shelf life date recommended by the manufacturer;
provided that the person that distributes the perishable food to the end
recipient makes a good faith evaluation that the food to be donated is
wholesome.
(e) To assist in accomplishing the purposes of
this section, the director may divert food products to organizations or food
banks operating pursuant to this section.
(f) For the purposes of this section:
"Charitable,
religious, or nonprofit organization" shall have the same meaning as in
section 145D-1.
"Food
bank" shall have the same meaning as in section 145D-1.
"Food
facility" shall have the same meaning as in section 145D-1.
"Food
product" means any fowl, seafood, animal, vegetable, or other stuff,
product, or article that is customary food fit for human consumption, including
prepared, canned, milk, dairy, and farm products.
"Gleaner"
shall have the same meaning as in section 145D-1.
"Person" shall have the same meaning as in section 145D-1."
SECTION 3. Section 145D-1, Hawaii Revised Statutes, is amended to read as follows:
"§145D-1 Definitions. Whenever used in this chapter unless the context otherwise requires:
"Charitable,
religious, or nonprofit organization"
means any organization [which] that was organized and is
operating in the State for charitable or religious purposes or to promote
social welfare, which is exempt from income taxation under chapter 235, and
which distributes food [products] at no cost to the needy [persons].
"Commercial food processing
establishment" means any room, building, or place or portion thereof,
maintained, used, or operated for the purpose of commercially storing,
packaging, making, cooking, mixing, processing, bottling, canning, packing,
slaughtering, or otherwise preparing or handling food. "Commercial food processing
establishments" do not include restaurants.
"Community care
facility" means any facility, place, or building that is maintained and
operated by an individual, organization, or agency for the purpose of providing
supportive and protective care to a disabled or aged person or providing care
to children, including but not limited to adult day care centers, developmental
disabilities domiciliary homes, and developmentally disabled adult foster homes
licensed by the department of health and child care facilities, child caring
institutions, or resource family homes licensed, registered, or regulated by
the department of human services.
"Food bank" means a
surplus food collection and distribution system operated and established to
assist in bringing donated food to charitable, religious, or nonprofit organizations
and individuals for the purposes of reducing hunger and supplying nutritional
needs.
"Food facility" means an
operation that stores, prepares, packages, serves, vends, or otherwise provides
food for human consumption at the retail level, including but not limited to:
(1) An operation
where food is consumed on or off the premises, regardless of whether there is a
charge for the food; or
(2) Storage
facilities for food-related utensils, equipment, and materials.
"Food facility" includes permanent and
nonpermanent facilities, including but not limited to public and private school
cafeterias, licensed health care facilities, mobile food facilities, vending
machines, farmers' markets, farm stands, mobile markets, fish markets, or
catering operations. "Food
facility" does not include any of the following:
(1) A cooperative
arrangement wherein no permanent facilities are used for storing or handling
food;
(2) A private home
when used for private, noncommercial purposes;
(3) A church,
private club, or other nonprofit association that gives or sells food to its
members and guests, and not to the general public, at an event that occurs not
more than three days in any ninety-day period;
(4) A for-profit
entity that gives or sells food at an event that occurs not more than three
days in a ninety-day period for the benefit of a nonprofit association, if the
for‑profit entity receives no monetary benefit, other than that resulting
from recognition from participating in an event;
(5) Premises set
aside for wine tasting or by a beer manufacturer, regardless of whether there
is a charge for the wine or beer tasting, if no other beverage, except for
bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is
offered for sale or for onsite consumption and no food, except for crackers,
pretzels, or prepackaged food that is not potentially hazardous food is offered
for sale or for onsite consumption;
(6) An outlet or
location, including but not limited to premises, operated by a producer,
selling or offering for sale only whole produce grown by the producer or shell
eggs, or both; provided that the sales are conducted at an outlet or location
controlled by the producer;
(7) A commercial
food processing establishment;
(8) A community
care facility; or
(9) A community
food producer.
"Gleaner" means a
person who harvests for free distribution to the needy, or for donation to a charitable,
religious, or nonprofit organization or food bank for ultimate distribution to
the needy, an agricultural crop that has been donated by the owner.
["Donor" means any
person, partnership, corporation, company, or association engaged in the
farming, processing, distribution, wholesaling, or retailing of food products
who donates such products, without remuneration, to a charitable, religious, or
nonprofit organization.
"Food product" means
any fowl, seafood, animal, vegetable, or other stuff, product, or article which
is customary food fit for human consumption, including prepared, canned, milk,
dairy, and farm products, before or after the expiration date stamped on the
products, if any.
"Needy person" means
any person who lacks adequate or proper means of subsistence.]
"Person" means an
individual, school, corporation, partnership, limited liability company,
organization, association, or governmental entity, including a retail food
establishment, retail grocer, wholesaler, hotel, motel, manufacturer,
restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership,
organization, association, or governmental entity, the term "person"
includes an officer, director, partner, manager or managing member, deacon,
trustee, council member, or other elected or appointed individual responsible for
the governance of the entity.
"Producer" means a
person or entity who produces shell eggs or edible plants by practice of the
agricultural arts upon land that the person or entity controls."
SECTION 4. Section 145D-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§145D-2[]] Exceptions to liability. (a)
Any [donor of food products, who in good faith] person,
gleaner, or food facility that donates the food [for the use or
distribution by a charitable, religious, or nonprofit organization to needy
persons] that is fit for human consumption at the time it was donated:
(1) Directly to end
recipients for consumption; or
(2) To a charitable,
religious, or nonprofit organization or food bank;
shall not be liable for any civil damages or criminal
penalties for any damages, injuries, or illnesses resulting
from the consumption of the donated food including[,] but not
limited to damages, injuries, or illnesses resulting from the
nature, age, condition, packaging, preparation, or handling of the
donated food [products], except for such damages, injuries, or
illnesses as may result from the [donor's] person's, gleaner's,
or food facility's gross negligence, intentional misconduct, or
wanton acts or omissions.
(b) The immunity from civil and criminal
liability provided by subsection (a) applies regardless of compliance with any
laws, regulations, or ordinances regulating:
(1) The labeling or
packaging of food; or
(2) The storage or
handling of the food by the donee after the donation of the food.
(c) The exceptions to liability specified in subsection (a) shall include the donation of perishable or nonperishable food that is fit for human consumption but has exceeded the labeled shelf life date recommended by the manufacturer; provided that the person that distributes the perishable food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.
[(b)] (d) A charitable,
religious, or nonprofit organization [which] or food bank that,
in good faith, receives and distributes food[, apparently]
without charge that is fit for human consumption[, and distributes it
to needy persons at no charge,] at the time the food was distributed
shall not be liable for any civil damages or criminal penalties resulting from [the
condition of the food unless] an injury [or], illness [results
from its], or death unless the injury, illness, or death is a direct
result of the gross negligence, intentional misconduct, or wanton
acts or omissions[.] of the organization.
[(c)] (e) This section shall not relieve any
organization from any other duty imposed upon them by law for the inspection of
donated food products or for any provisions regarding the handling of such
products.
(f) Nothing in this chapter shall be construed to limit the ability of a person, gleaner, or food facility to donate food."
SECTION 5. Section 145D-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§145D-4[]] Labeling of donated food. Any charitable, religious, or nonprofit organization
[which] or food bank that receives and distributes donated food
pursuant to this chapter shall affix a label upon such food or upon the
individual container or package of such food stating that the food is not for
resale and stating that it was fit for human consumption at the date that it
left control of the charitable, religious, or nonprofit organization[.]
or food bank."
SECTION 6. Section 663-10.6, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Any charitable or nonprofit organization that
in good faith provides shelter or proper means of subsistence to needy persons
as part of its bona fide and customary charitable activities, rendered without
remuneration or expectation of remuneration, shall be exempt from civil
liability for injuries and damages resulting from the organization's acts or
omissions in providing [such] the shelter or subsistence, except
for gross negligence or wanton acts or omissions of the organization.
(b)
Any [person] donor who donates goods, [food,]
materials, or services [to]:
(1) Directly to a
needy person; or
(2) To a charitable or nonprofit organization described in subsection (a);
shall be exempt from civil liability for injuries and damages resulting from the donation, except for gross negligence or wanton acts or omissions."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Food Donation; DOH; Liability Protection; Charitable Donations
Description:
Requires the Department of Health to promote food donation during normal, routine inspections of food establishments. Permits the donation of food. Expands liability protection for the donation of food. Authorizes the donation of food directly to the needy and expired food under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
