Bill Text: VA HB1293 | 2022 | Regular Session | Introduced
Bill Title: Food donations; labeling, liability.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-02-09 - Stricken from docket by Agriculture, Chesapeake and Natural Resources (21-Y 0-N) [HB1293 Detail]
Download: Virginia-2022-HB1293-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §§3.2-5144 and 35.1-14.2 of the Code of Virginia are amended and reenacted as follows:
§3.2-5144. Exemption from civil and criminal liability in certain cases.
A. As used in this section:
"Entity" means a farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food, including a grocery, convenience, or other store selling food or food products.
"Food donor" means an individual or entity.
"Food organization" means a food bank, any second harvest certified food bank, food bank member charity, or any other organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code that maintains a food storage facility certified by the Department and, where required by ordinance, by the State Department of Health.
B. Any farmer, processor,
distributor, wholesaler, food service establishment, restaurant, or retailer of
food, including a grocery, convenience, or other store selling food or food
products, who entity that
donates food to any food
bank or any second harvest certified food bank or food bank member charity that
is exempt from taxation under 26 U.S.C. §501(c) (3), which maintains
a food storage facility certified by the Department and, where required by
ordinance, by the State Department of Health, food organization for
use or distribution by the organization shall be exempt from civil liability
arising from any injury or death resulting from the nature, age, condition, or packaging
of the donated food. The exemption of this section shall not apply if the
injury or death directly results from the gross negligence or intentional act
of the donor. If the donor is a food service establishment or a restaurant,
such donor shall comply with the regulations of the Board of Health with
respect to the safe preparation, handling, protection, and preservation of
food, including necessary refrigeration or heating methods, pursuant to the
provisions of §35.1-14.
C. No food donor or food organization shall be criminally or civilly liable for donating or receiving food past the best-by date as long as all parties are informed and the food is labeled as not meeting all labeling and date requirements. The exemption of this section shall not apply if injury or death directly results from the gross negligence or intentional misconduct of the food donor or food organization.
B. D. Any
farmer who gratuitously allows persons to enter upon his own land for purposes
of removing any crops remaining in his fields following the harvesting thereof,
shall be exempt from civil liability arising out of any injury or death
resulting from the nature or condition of such land or the nature, age, or
condition of any such crop. The exemption of this section shall not apply if
the injury or death directly results from the gross negligence or intentional
act of the farmer.
§35.1-14.2. Donations of food to charitable organizations.
A. Any restaurant, licensed by the Department of Health
pursuant to this title and any processor, distributor, wholesaler or retailer
of food, including, but not limited to, a grocery, convenience, or other store
selling food or food products, may donate unserved excess foods to any charity
organization that is exempt from taxation under 26
U.S.C. §501(c) (3) of the Internal Revenue Code,
and to political subdivisions for distribution to needy persons. Charitable
organizations engaged in food distribution programs for needy persons shall
notify the local political subdivision of their programs. Upon the notification
of such food distribution programs by such charitable organizations, the local
political subdivision shall provide a list of such charitable organizations
within its jurisdiction to those restaurants and other food suppliers who
request such information. Organizations engaged in such food distribution
programs shall be exempt from civil liability as provided in §3.2-5144 for the
donors of the food.
B. Charitable organizations engaged in food distribution programs for needy persons shall be deemed exempt from state and local regulations and local ordinances that govern food service and preparation. In addition to accepting donations of food as provided in subsection A, such organizations may accept food prepared by their employees or volunteers in private homes or in facilities not otherwise licensed as provided in this chapter.
For the purposes of this subsection, "charitable organizations" shall include nonprofit homeless shelters and hunger prevention programs.
C. No entity that donates or accepts food pursuant to subsection A shall be criminally or civilly liable for donating or receiving food past the best-by date as long as all parties are informed and the food is labeled as not meeting all labeling and date requirements. The exemption of this section shall not apply if injury or death directly results from the gross negligence or intentional misconduct of the donor or donee.
D. The Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by the organizations exempted in subsection B.
