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90_HB0299
745 ILCS 50/3 from Ch. 56 1/2, par. 2003
Amends the Good Samaritan Food Donor Act. Provides that
donating canned goods with an expiration date that has passed
does not preclude immunity under the Act.
LRB9001242OBpk
LRB9001242OBpk
1 AN ACT to amend the Good Samaritan Food Donor Act by
2 changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Good Samaritan Food Donor Act is amended
6 by changing Section 3 as follows:
7 (745 ILCS 50/3) (from Ch. 56 1/2, par. 2003)
8 Sec. 3. Donor's immunity from liability.
9 (a) Except as provided in subsection (b), no wild game
10 donor, farmer, food producer, processor, distributor,
11 wholesaler, retailer, gleaner of food, any other person (if
12 that other person donates food that has been inspected by
13 either a State or federal authority and has not been altered
14 after that inspection), or a not for profit corporation or
15 charitable organization whose members provide baked goods
16 that are not potentially hazardous, who in good faith donates
17 perishable canned or farm food items, prepared food or wild
18 game to a not for profit corporation or charitable
19 organization for distribution to nursing homes, needy, or
20 poor persons shall be liable in any civil action based on the
21 theory of warranty, negligence or strict liability in tort,
22 for damages incurred resulting from any illness or disease
23 contracted by the ultimate users or recipients of the food
24 due to the nature, age, condition, or packaging of the food.
25 (a-5) The immunity provided under subsection (a) shall
26 apply to any person or organization that prepares and serves,
27 for specific events, wild game that has not specifically been
28 raised, harvested, dressed, or inspected for human
29 consumption in accordance with existing rules and regulations
30 of the U.S. or State Departments of Agriculture or any other
31 state or federal agencies empowered to enforce health and
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1 safety requirements. Placards shall be displayed in a
2 conspicuous location throughout the event identifying the
3 food served as uninspected wild game.
4 (b) The immunity provided in subsection (a) shall not
5 apply where the following is shown:
6 (1) that the illness or disease resulted from the
7 willful, wanton, or reckless acts of the donor; or
8 (2) that the donor had actual or constructive
9 knowledge that the food was tainted, contaminated, or
10 harmful to the health or well-being of the recipient of
11 such donated food; or
12 (3) where the food was in the form of canned goods,
13 that the containers were rusted, leaky, swollen, or
14 otherwise defective to the extent that they could not be
15 sold to members of the general public; provided, however,
16 that the fact that the cans (i) were simply dented or
17 (ii) had an expiration, "sell by", or "use by" date that
18 has passed does not, in itself, constitute such a defect
19 so as to preclude the grant of immunity provided by
20 subsection (a).
21 (Source: P.A. 88-468, eff. 8-31-93; 88-622, eff. 1-1-95;
22 89-235, eff. 8-4-95.)