State of Illinois
91st General Assembly
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Public Act 91-0720

HB3119 Enrolled                                LRB9110181WHcs

    AN ACT amending the Good  Samaritan  Food  Donor  Act  by
adding Section 2.14 and changing Section 3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Good Samaritan Food Donor Act is  amended
by adding Section 2.14 and changing Section 3 as follows:

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

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

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