LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05146-R01-
HB.docx
1 of 6
General Assembly Substitute Bill No. 5146
February Session, 2022
AN ACT CONCERNING FOOD DONATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2022) (a) For the purposes of this 1
section: 2
(1) "Canned food" means any food that has been commercially 3
processed, prepared and hermetically sealed for human consumption, 4
including, but not limited to, a canned or preserved fruit or vegetable; 5
(2) "Food relief organization" means a public or private entity, 6
including, but not limited to, a community-based organization, food 7
bank, food pantry or soup kitchen, that, on a nonprofit basis and in the 8
ordinary course of such entity's business or operations, provides 9
nutritional assistance to individuals in this state who are in need of such 10
assistance, free of charge; 11
(3) "Perishable food" means any food, including, but not limited to, a 12
fresh, frozen or refrigerated bakery product, dairy product, fruit, 13
packaged meat, packaged seafood or vegetable, that may spoil or 14
otherwise become unfit for human consumption because of its nature, 15
physical condition or type; and 16
(4) "Supermarket" means (A) a retail food store occupying a total 17 Substitute Bill No. 5146
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05146-
R01-HB.docx }
2 of 6
retail sales area of at least three thousand five hundred square feet, or 18
(B) a large discount department store that (i) sells a complete line of 19
grocery merchandise, (ii) continuously offers for sale fresh produce and 20
meats, poultry, seafood, nuts and dairy products, (iii) maintains a 21
bakery, as defined in section 21a-151 of the general statutes, (iv) is 22
locally permitted as a class 3 food establishment, as defined in section 23
19a-36g of the general statutes, and (v) has registered at least one 24
weighing or measuring device pursuant to subsection (b) of section 43-25
3 of the general statutes. 26
(b) An insurer that delivers, issues for delivery, renews, amends or 27
continues in this state a commercial risk insurance policy or rider to such 28
policy which provides coverage for the spoilage of canned food or 29
perishable food shall provide coverage to the same extent for canned 30
food or perishable food that is donated by a food relief organization or 31
a supermarket. 32
(c) To the extent a tax deduction or tax credit is allowed under any 33
provision of the general statutes for a donation described in subsection 34
(b) of this section, no supermarket that donates to a food relief 35
organization any canned food or perishable food and receives payment 36
from an insurer for such canned food or perishable food shall avail itself 37
of a tax deduction or tax credit for the amount of such payment. 38
Sec. 2. (NEW) (Effective October 1, 2022) (a) For the purposes of this 39
section, "supermarket" has the same meaning as provided in section 1 of 40
this act. 41
(b) Not later than January 1, 2023, each supermarket doing business 42
in this state shall adopt a written policy describing a food donation 43
program that: 44
(1) Is designed to reduce such supermarket's food waste, support the 45
operations of food relief organizations and ensure that all food donated 46
by such supermarket under such policy is safe and fit for human 47
consumption; 48 Substitute Bill No. 5146
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05146-
R01-HB.docx }
3 of 6
(2) Provides for the education of such supermarket's management 49
and employees regarding the food distribution process and the 50
relationship between such process and food insecurity and food waste; 51
(3) Calls for such supermarket to make reasonable efforts to identify, 52
and partner with, at least two food relief organizations for the purpose 53
of donating excess edible food to such food relief organizations; 54
(4) Includes a framework to formalize and streamline such 55
supermarket's store-level protocols concerning food donated by such 56
supermarket; and 57
(5) Includes a process to ensure that the food donated as part of such 58
program has significant nutritional value. 59
(c) If multiple supermarkets subject to the provisions of subsection 60
(b) of this section are under common ownership, such supermarkets 61
may adopt a common written policy under this section. 62
Sec. 3. Section 52-557l of the general statutes is repealed and the 63
following is substituted in lieu thereof (Effective October 1, 2022): 64
(a) Notwithstanding any provision of the general statutes, any 65
person, including but not limited to a seller, farmer, processor, 66
distributor, wholesaler or retailer of food, who donates an item of food 67
for use or distribution by a nonprofit organization, nonprofit 68
corporation, political subdivision of the state or senior center, and any 69
nonprofit organization or nonprofit corporation that collects donated 70
food and distributes such food to other nonprofit organizations or 71
nonprofit corporations or a political subdivision of the state or senior 72
center free of charge or for a nominal fee, shall not be liable for civil 73
damages or criminal penalties resulting from the nature, age, condition 74
or packaging of the food, unless it is established that the donor, at the 75
time of making the donation, or the nonprofit organization or nonprofit 76
corporation, at the time of distributing the food, knew or had reasonable 77
grounds to believe that the food was (1) adulterated, as [defined] 78
described in section 21a-101, or (2) not fit for human consumption. 79 Substitute Bill No. 5146
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05146-
R01-HB.docx }
4 of 6
(b) Notwithstanding any provision of the general statutes, any food 80
establishment classified as a class 3 or class 4 food establishment 81
pursuant to regulations adopted under section 19a-36h, that donates 82
perishable food for use or distribution by a temporary emergency 83
shelter in accordance with the provisions set forth in section 38a-313b 84
shall not be liable for civil damages or criminal penalties resulting from 85
the nature, age, condition or packaging of the food, unless it is 86
established that the donor, at the time of making the donation, knew or 87
had reasonable grounds to believe that the food was (1) embargoed or 88
ordered destroyed by the Department of Public Health or a local 89
director of health, or an authorized agent thereof, (2) adulterated, as 90
[defined] described in section 21a-101, or (3) not fit for human 91
consumption. 92
(c) Notwithstanding any provision of the general statutes, any food 93
relief organization or supermarket that donates any canned food or 94
perishable food shall not be liable for civil damages or criminal penalties 95
resulting from the nature, age, condition or packaging of such canned 96
food or perishable food, unless it is established that such food relief 97
organization or supermarket, at the time such food relief organization 98
or supermarket donated such canned food or perishable food, knew or 99
had reasonable grounds to believe that such canned food or perishable 100
food was (1) embargoed or ordered destroyed by the Department of 101
Public Health or a local director of health, or an authorized agent 102
thereof, (2) adulterated, as described in section 21a-101, or (3) not fit for 103
human consumption. For the purposes of this subsection, "canned 104
food", "food relief organization", "perishable food" and "supermarket" 105
have the same meanings as provided in section 1 of this act. 106
Sec. 4. (Effective from passage) (a) There is established a task force to 107
study implementation of a supermarket food donation program in this 108
state. The task force shall examine, and make recommendations 109
concerning, establishing a supermarket food donation program in this 110
state that (1) alleviates hunger, reduces food waste and supports the 111
operations of food relief organizations providing nutritional assistance 112 Substitute Bill No. 5146
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05146-
R01-HB.docx }
5 of 6
in this state, and (2) ensures that all food donated as part of such 113
program is safe and fit for human consumption. 114
(b) The task force shall consist of the following members: 115
(1) The Commissioner of Agriculture, or the commissioner's 116
designee; 117
(2) The Commissioner of Consumer Protection, or the commissioner's 118
designee; 119
(3) The Commissioner of Public Health, or the commissioner's 120
designee; 121
(4) A representative of supermarkets doing business in this state, who 122
shall be jointly appointed by the chairpersons of the joint standing 123
committee of the General Assembly having cognizance of matters 124
relating to general law; 125
(5) A representative of food establishments doing business in this 126
state that are classified as class 3 or class 4 food establishments under 127
regulations adopted by the Commissioner of Public Health pursuant to 128
section 19a-36h of the general statutes, who shall be jointly appointed 129
by the chairpersons of the joint standing committee of the General 130
Assembly having cognizance of matters relating to general law; 131
(6) Two representatives of food relief organizations providing 132
nutritional assistance in this state, who shall be jointly appointed by the 133
chairpersons of the joint standing committee of the General Assembly 134
having cognizance of matters relating to general law; and 135
(7) Two members of the General Assembly, who shall be jointly 136
appointed by the chairpersons of the joint standing committee of the 137
General Assembly having cognizance of matters relating to general law. 138
(c) Any vacancy shall be filled by the appointing authority. 139
(d) The chairpersons of the joint standing committee of the General 140 Substitute Bill No. 5146
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05146-
R01-HB.docx }
6 of 6
Assembly having cognizance of matters relating to general law shall 141
select the chairpersons of the task force from among the members of the 142
task force. 143
(e) The administrative staff of the joint standing committee of the 144
General Assembly having cognizance of matters relating to general law 145
shall serve as administrative staff of the task force. 146
(f) Not later than January 1, 2023, the task force shall submit a report 147
on its findings and recommendations to the joint standing committee of 148
the General Assembly having cognizance of matters relating to general 149
law, in accordance with the provisions of section 11-4a of the general 150
statutes. The task force shall terminate on the date that it submits such 151
report or January 1, 2023, whichever is later. 152
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 New section
Sec. 2 October 1, 2022 New section
Sec. 3 October 1, 2022 52-557l
Sec. 4 from passage New section
GL Joint Favorable Subst.
Statement of Legislative Commissioners:
In Section 1(a)(4), "and" was changed to "or" for clarity.