2018 -- S 2589

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LC004778

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO FOOD AND DRUGS - FOOD DONATIONS

     

     Introduced By: Senators Lombardi, Nesselbush, Lynch Prata, Ciccone, and Conley

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 21-34-1, 21-34-2 and 21-34-3 of the General Laws in Chapter 21-

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34 entitled "Food Donations" are hereby repealed.

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     21-34-1. Immunity from liability for food donors.

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     A person, or organization including, but not limited to, a farmer, a processor, distributor,

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wholesaler, or retailer of food, or restaurant, or accredited culinary arts school, who in good faith

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donates food, including surplus, prepared food that has been maintained at a safe temperature,

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which appears to be fit for human consumption at the time it is donated to a bona fide charitable

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or nonprofit organization for the use or distribution to the needy shall not be liable for civil

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damages or criminal penalties for any injury or illness resulting from the nature, age, condition, or

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packaging of the donated food unless the injury or illness is a direct result of the intentional

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misconduct or recklessness of the donor.

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     21-34-2. Immunity from liability for distributors.

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     A bona fide nonprofit or charitable organization which in good faith receives, prepares

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and distributes to the needy, without charge, food which appears to be fit for human consumption

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at the time it is distributed, including food prepared on the premises of the organization, shall not

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be liable for civil damages or criminal penalties for any injury or illness resulting from the nature,

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age, condition, or packaging of the food unless the injury or illness is a direct result of the

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intentional misconduct or recklessness of the organization.

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     21-34-3. Authority of department of health not restricted.

 

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     Nothing contained in this chapter is intended to restrict the authority of the department of

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health to regulate or ban the use of donated food.

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     SECTION 2. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 34.1

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RHODE ISLAND FOOD DONATION ACT

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     21-34.1-1. Short title.

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     This chapter shall be known, and may be cited as "The Rhode Island Food Donation

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Act."

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     21-34.1-2. Definitions.

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     For the purposes of this section:

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     (1) "Director" means director of department of health.

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     (2) "Enforcement officers" means authorized agents of the director responsible for

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inspecting food, food establishments, dairies or foodborne disease outbreaks.

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     (3) "Food bank" means a surplus food collection and distribution system operated and

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established to assist in bringing donated food to nonprofit charitable organizations and

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individuals for the purposes of reducing hunger and supplying nutritional needs.

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     (4) "Food facility" means a food establishment that sells food for human consumption to

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the general public.

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     (5) "Gleaner" means a person who harvests for free distribution to the needy, or for

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donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop

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that has been donated by the owner.

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     (6) "Person" means an individual, school, local educational agency, corporation,

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partnership, limited liability company, organization, association, or governmental entity,

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including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and

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nonprofit food distributor or hospital. In the case of a corporation, partnership, organization,

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association, or governmental entity, the term includes an officer, director, partner, manager or

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managing member, deacon, trustee, council member, or other elected or appointed individual

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responsible for the governance of the entity.

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     21-34.1-3. Immunity from liability for food donors.

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     (a) A person, gleaner, or food facility may donate food to a food bank or to any other

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nonprofit charitable organization for distribution to persons free of charge. Food facilities may

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donate food directly to end recipients for consumption.

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     (b) Except for injury resulting from gross negligence or intentional misconduct in the

 

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preparation or handling of donated food, no person, gleaner, or food facility that donates food that

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is fit for human consumption at the time it was donated to a nonprofit charitable organization or

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food bank shall be liable for any damage or injury resulting from the consumption of the donated

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food. Food facilities may donate food directly to end recipients for consumption.

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     (c) The immunity from civil liability provided by this chapter applies regardless of

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compliance with any laws, regulations, or ordinances regulating the packaging or labeling of

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food, and regardless of compliance with any laws, regulations, or ordinances regulating the

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storage or handling of the food by the donee after the donation of the food. The donation of

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nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life

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date recommended by the manufacturer is protected under the Rhode Island food donation act.

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The donation of perishable food that is fit for human consumption but that has exceeded the

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labeled shelf life date recommended by the manufacturer is protected under the Rhode Island

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food donation act if the person that distributes the food to the end recipient makes a good faith

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evaluation that the food to be donated is wholesome.

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     (d) A nonprofit charitable organization or a food bank that, in good faith, receives and

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distributes food without charge that is fit for human consumption at the time it was distributed is

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not liable for an injury or death due to the food unless the injury or death is a direct result of the

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gross negligence or intentional misconduct of the organization.

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     (e) Nothing in this chapter shall be construed to limit the ability of a person, gleaner, or

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food facility to donate food.

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     (f) A person or gleaner engaged in the business of processing, distributing, or selling an

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agricultural product may donate, free of charge, a product that is in a condition that it may be

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used as food for human consumption to a nonprofit charitable organization within the state. Food

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facilities may donate food directly to end recipients for consumption. The donation of

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nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf life

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date recommended by the manufacturer is protected under the Rhode Island food donation act.

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The donation of perishable food that is fit for human consumption, but that has exceeded the

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labeled shelf life date recommended by the manufacturer is protected under the Rhode Island

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food donation act if the person that distributes the food to the end recipient makes a good faith

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evaluation that the food to be donated is wholesome.

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     (g) To assist in accomplishing the purposes of this chapter, the director may redistribute

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donated agricultural products to organizations operating pursuant to this chapter.

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     21-34.1-4. Expiration dates.

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     A person, gleaner, or food facility that donates food as permitted by law shall not be

 

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subject to civil or criminal liability or penalty for violation of any laws, regulations, or ordinances

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regulating the labeling or packaging of the donated product or, with respect to any other laws,

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regulations, or ordinances, for a violation occurring after the time of the donation. The donation

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of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf

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life date recommended by the manufacturer is protected under the Rhode Island food donation

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act. The donation of perishable food that is fit for human consumption but that has exceeded the

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labeled shelf life date recommended by the manufacturer is protected under the Rhode Island

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food donation act if the person that distributes the food to the end recipient makes a good faith

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evaluation that the food to be donated is wholesome.

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     21-34.1-5. Public education.

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     In implementing this chapter, enforcement officers shall promote the recovery of food fit

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for human consumption during their normal, routine inspections. Promotion shall include, but not

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be limited to, newsletters, bulletins, and handouts that inform retail food facility operators about

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the protections from civil and criminal liability when donating food.

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     21-34.1-6. Implementing rules and regulations.

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     The director shall adopt rules and regulations to implement the provisions of this chapter.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - FOOD DONATIONS

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     This act would repeal the current chapter 21-34 of the general laws regarding immunity

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for food donors to food banks, and would adopt a new chapter 21-34.1 with comprehensive

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immunity provisions for persons involved in donating food to food banks.

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     This act would take effect upon passage.

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