STAND. COM. REP. NO.  1173


Honolulu, Hawaii

                , 2019


RE:   H.B. No. 854

      H.D. 2





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




     Your Committee on Judiciary, to which was referred H.B. No. 854, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to discourage food waste and encourage food donation to needy recipients by:


     (1)  Clarifying and expanding liability protections for good-faith food donors;


     (2)  Clarifying that liability exemptions apply to the donation of expired food, farm produce, and perishable and nonperishable food from institutions that comply with commercial food safety requirements if the donor reasonably believes that the food is fit for human consumption; and


     (3)  Requiring that education about food donation liability be included as part of the health inspection process.


     The Hawaii Food Industry Association testified in support of this measure.  The Hawaii Association for Justice testified in opposition to this measure.


     Your Committee has amended this measure by:


     (1)  Deleting the liability protection for:


          (A)  Donors who donate directly to needy persons or government entities;


          (B)  Government entities that receive and distribute food to needy persons at no charge; and


          (C)  Donations of expired food and farm produce; and


     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 854, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 854, H.D. 2.


Respectfully submitted on behalf of the members of the Committee on Judiciary,