State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB3119eng

 
HB3119 Engrossed                               LRB9110181WHcs

 1        AN  ACT  amending  the  Good  Samaritan Food Donor Act by
 2    adding Section 2.14 and 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 adding Section 2.14 and changing Section 3 as follows:

 7        (745 ILCS 50/2.14 new)
 8        Sec.  2.14.  Day  old  bread.   "Day  old  bread"   means
 9    confectioneries,   bread,  or  other  baked  goods  that  are
10    wholesome, unspoiled, and  fit for human consumption but  are
11    more  than  24  hours old or are past their freshness date or
12    their shelf life.  "Day old bread" does not include items  or
13    products that were previously sold or served.

14        (745 ILCS 50/3) (from Ch. 56 1/2, par. 2003)
15        Sec. 3.  Donor's immunity from liability.
16        (a)  Except  as  provided in subsection (b), no wild game
17    donor,  farmer,  food   producer,   processor,   distributor,
18    wholesaler,  retailer,  gleaner of food, any other person (if
19    that other person donates food that  has  been  inspected  by
20    either  a State or federal authority and has not been altered
21    after that inspection), or a not for  profit  corporation  or
22    charitable  organization  whose  members  provide baked goods
23    that are not potentially  hazardous,  or  donor  of  day  old
24    bread,  who  in  good faith donates perishable canned or farm
25    food items, prepared food, day old bread, or wild game  to  a
26    not  for  profit  corporation  or charitable organization for
27    distribution to nursing homes, needy, or poor  persons  shall
28    be  liable  in  any  civil  action  based  on  the  theory of
29    warranty, negligence or strict liability in tort, for damages
30    incurred resulting from any illness or disease contracted  by
 
HB3119 Engrossed            -2-                LRB9110181WHcs
 1    the  ultimate  users  or  recipients  of  the food due to the
 2    nature, age, condition, or packaging of the food.
 3        (a-5)  The immunity provided under subsection  (a)  shall
 4    apply to any person or organization that prepares and serves,
 5    for specific events, wild game that has not specifically been
 6    raised,   harvested,   dressed,   or   inspected   for  human
 7    consumption in accordance with existing rules and regulations
 8    of the U.S. or State Departments of Agriculture or any  other
 9    state  or  federal  agencies  empowered to enforce health and
10    safety  requirements.  Placards  shall  be  displayed  in   a
11    conspicuous  location  throughout  the  event identifying the
12    food served as uninspected wild game.
13        (b)  The immunity provided in subsection  (a)  shall  not
14    apply where the following is shown:
15             (1)  that  the  illness or disease resulted from the
16        willful, wanton, or reckless acts of the donor; or
17             (2)  that  the  donor  had  actual  or  constructive
18        knowledge that the food  was  tainted,  contaminated,  or
19        harmful  to  the health or well-being of the recipient of
20        such donated food; or
21             (3)  where the food was in the form of canned goods,
22        that the  containers  were  rusted,  leaky,  swollen,  or
23        otherwise  defective to the extent that they could not be
24        sold to members of the general public; provided, however,
25        that the fact that the cans were simply dented does  not,
26        in itself, constitute such a defect so as to preclude the
27        grant of immunity provided by subsection (a).
28    (Source: P.A.  88-468,  eff.  8-31-93;  88-622,  eff. 1-1-95;
29    89-235, eff. 8-4-95.)

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