Arkansas 2025 Regular Session

Arkansas House Bill HB1682 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 942 of the Regular Session
3	2		CEB205 03/04/2025 7:45:30 PM CEB205
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1682 3
7	6		4
8	7		By: Representatives Puryear, Painter, Barker, Bentley, Breaux, Brooks, M. Brown, R. Burkes, Joey Carr, 5
9	8		Childress, Cavenaugh, Crawford, Duffield, Eaton, Gramlich, Hall, Holcomb, J. Mayberry, McClure, 6
10	9		Milligan, J. Moore, Nazarenko, Ray, R. Scott Richardson, Richmond, Rose, Rye, Unger, Vaught, Walker, 7
11	10		Wing 8
12	11		By: Senators B. Davis, D. Wallace 9
13	12		10
14	13		For An Act To Be Entitled 11
15	14		AN ACT TO CREATE THE GOOD NEIGHBOR ACT; TO CLARIFY 12
16	15		FOOD DONATION LIABILITY AND IMMUNITY; AND FOR OTHER 13
17	16		PURPOSES. 14
18	17		15
19	18		16
20	19		Subtitle 17
21	20		TO CREATE THE GOOD NEIGHBOR ACT; AND TO 18
22	21		CLARIFY FOOD DONATION LIABILITY AND 19
23	22		IMMUNITY. 20
24	23		21
25	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
26	25		23
27	26		SECTION 1. Arkansas Code § 20 -57-103 is repealed. 24
28	27		20-57-103. Donors of canned food, live food, or perishable food not 25
29	28		liable — Exception — Definitions. 26
30	29		(a) As used in this section, unless the context otherwise requires: 27
31	30		(1) “Canned food” means any food commercially processed and 28
32	31		prepared for human consumption; 29
33	32		(2) “Live food” means live or recently deceased animals, such as 30
34	33		wild game or farm stock, that may be legally processed for use as food for 31
35	34		human consumption; and 32
36	35		(3)(A) “Perishable food” means any food which may spoil or 33
37	36		otherwise become unfit for human consumption because of its nature, type, or 34
38	37		physical condition. 35
39	38		(B) “Perishable food” includes without limitation fresh 36 HB1682
40	39
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42	41		and processed meats, poultry, seafood, dairy products, bakery products, eggs 1
43	42		in the shell, fresh fruits and vegetables, and foods which have been 2
44	43		packaged, refrigerated, or frozen. 3
45	44		(b) The provisions of this section shall govern all good faith 4
46	45		donations of perishable food which is not readily marketable due to 5
47	46		appearance, freshness, grade, surplus, or other conditions, but nothing in 6
48	47		this section shall restrict the authority of any appropriate agency to 7
49	48		regulate or ban the use of the food for human consumption. 8
50	49		(c) All other provisions of law notwithstanding, a good faith donor of 9
51	50		canned food, live food, or perishable food which is apparently fit for human 10
52	51		consumption at the time it is donated to a bona fide charitable or not -for-11
53	52		profit organization for free distribution or distribution at a nominal cost 12
54	53		is not subject to criminal or civil liability arising from an injury or death 13
55	54		due to the condition of the food unless the injury or death is a direct 14
56	55		result of the gross negligence, recklessness, or intentional misconduct of 15
57	56		the donor. 16
58	57		17
59	58		SECTION 2. Arkansas Code Title 20, Chapter 57, Subchapter 1, is 18
60	59		amended to add an additional section to read as follows: 19
61	60		20-57-105. Arkansas Good Neighbor Act — Food donation liability and 20
62	61		immunity — Definitions. 21
63	62		(a) This section shall be known and may be cited as the "Arkansas Good 22
64	63		Neighbor Act". 23
65	64		(b) As used in this section: 24
66	65		(1) "Food" means any raw, cooked, processed, or prepared edible 25
67	66		substance, ice, beverage, or ingredient used or intended for use in whole or 26
68	67		in part for human consumption; 27
69	68		(2) “Food product” means any substance in liquid, concentrated, 28
70	69		solid, frozen, dried, dehydrated, or other form that is sold for ingestion or 29
71	70		chewing by humans and is consumed for its taste, nutritional value, or both; 30
72	71		(3) “Gleaner” means a person who harvests an agriculture crop 31
73	72		that has been donated by the owner for: 32
74	73		(A) Free distribution to people; or 33
75	74		(B) Donation to a church, religious organization, or other 34
76	75		nonprofit organization for ultimate distribution to people; and 35
77	76		(4)(A) “Person” means an individual, corporation, partnership, 36 HB1682
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80	79		organization, association, or governmental entity. 1
81	80		(B) "Person" includes: 2
82	81		(i) A retail grocer, wholesaler, hotel, motel, 3
83	82		restaurant, caterer, farmer, nonprofit food distributor, school, church, 4
84	83		religious organization, or hospital; and 5
85	84		(ii) An officer, director, partner, deacon, trustee, 6
86	85		council member, or other elected or appointed individual responsible for the 7
87	86		governance of a corporation, partnership, organization, association, or 8
88	87		governmental entity. 9
89	88		(c)(1) If a food or food product donated by a person or gleaner to a 10
90	89		church, religious organization, or other nonprofit organization for the 11
91	90		purpose of consumption by individuals the church, religious organization, or 12
92	91		other nonprofit organization serves does not meet consumer safety standards 13
93	92		imposed by federal, state, or local laws, rules or regulations or is not 14
94	93		readily marketable due to appearance, freshness, grade, surplus, or other 15
95	94		conditions, the person or the gleaner who donates the food or food product is 16
96	95		not subject to civil or criminal liability if the person or gleaner: 17
97	96		(A) Makes the donation in good faith; and 18
98	97		(B) Informs the church, religious organization, or other 19
99	98		nonprofit organization of the condition of the food or food product at the 20
100	99		time of donation to the best of his or her knowledge. 21
101	100		(2) If a food or food product donated to and distributed by a 22
102	101		church, religious organization, or other nonprofit organization for the 23
103	102		purpose of consumption by individuals the church, religious organization, or 24
104	103		other nonprofit organization serves does not meet consumer safety standards 25
105	104		imposed by federal law or regulation or state law or rule, or is not readily 26
106	105		marketable due to appearance, freshness, grade, surplus, or other conditions, 27
107	106		the church, religious organization, or other nonprofit organization is not 28
108	107		subject to civil or criminal liability if the church, religious organization, 29
109	108		or other nonprofit organization: 30
110	109		(A) Distributes the food or food product in good faith; 31
111	110		and 32
112	111		(B) Informs the individuals who receive the food or food 33
113	112		product of the condition of the food or food product at the time of serving 34
114	113		or distribution to the best of the church's, religious organization's, or 35
115	114		other nonprofit's knowledge. 36 HB1682
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118	117		(d) This section does not restrict: 1
119	118		(1) Criminal or civil liability that is a direct result of gross 2
120	119		negligence, recklessness, or intentional misconduct; or 3
121	120		(2) The authority of any appropriate agency to regulate or ban 4
122	121		the use of a food or food product that is known to not be fit for human 5
123	122		consumption. 6
124	123		(e) All producers or distributors of food or food products that are 7
125	124		licensed or permitted by the state shall be provided notice of the food 8
126	125		donation liability and immunity under this section. 9
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129		-	~~APPROVED: 4/21/25~~ 12
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