HOUSE OF REPRESENTATIVES

H.B. NO.

2706

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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:

"328-    Food donation permitted. (a) A person or gleaner engaged in the business of processing, distributing, or selling a food product may donate, free of charge, a food product that is in a condition that may be used as food for human consumption to a charitable, religious, or nonprofit organization or food bank within the State.

(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 not potentially 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 on July 1, 2050.


 


 

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. Effective 7/1/2050. (HD1)

 

 

 

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