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OLR Bill Analysis
sHB 5146
AN ACT CONCERNING FOOD DONATION.
SUMMARY
By January 1, 2023, this bill requires supermarkets to adopt a written
food donation program policy aimed at reducing food waste and food
insecurity and partnering with food relief organizations (FROs) to
redistribute excess edible food with significant nutritional value (§ 2).
The bill also expands current law’s criminal and civil liability
protections for entities donating food to encompass FRO and
supermarket donations (§ 3).
Additionally, the bill requires insurers that deliver, issue, renew,
amend, or continue a commercial risk insurance policy or rider in
Connecticut which provides coverage for canned or perishable (i.e.,
fresh, frozen, or refrigerated) food spoilage to provide coverage to the
same extent for these foods that are donated by a supermarket or FRO.
It prohibits a FRO or supermarket from claiming an otherwise allowable
tax deduction or credit for donations in an amount equal to any
insurance reimbursement it receives for the food. (§ 1).
The bill also creates a task force to study implementing an in-state
supermarket food donation program (§ 4).
Lastly, it makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2022, except the task force is effective
upon passage.
COVERED ENTITIES AND PRODUCTS
Under the bill, “supermarkets” are:
1. retail food stores with at least 3,500 square feet of retail space and 2022HB-05146-R000194-BA.DOCX
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2. large discount department stores that (a) sell a complete line of
grocery merchandise, including those that continuously offer
fresh produce and meats, poultry, seafood, nuts, and dairy
products; (b) have a bakery; (c) sell prepared foods; and (d) either
sell on-premise motor fuel or have an electric vehicle charging
station or registered weighing and measuring device.
“FROs” are public or private entities, including community-based
organizations, food banks, food pantries, and soup kitchens that
provide free nutritional assistance to needy individuals in Connecticut
on a nonprofit basis and in the ordinary course of business or
operations.
WRITTEN SUPERMARKET POLICIES
By January 1, 2023, Connecticut supermarkets must adopt a written
food donation program policy that:
1. is designed to reduce their food waste, support FROs’ operations,
and ensure that all food donated under the policy is safe and fit
for human consumption;
2. provides for supermarket management’s and employees’
education about the food distribution process and its relationship
to food insecurity and waste;
3. calls for the supermarket to make reasonable efforts to identify
and partner with at least two FROs to donate excess edible food;
and
4. includes a framework formalizing and streamlining the
supermarket's store-level protocols on donated food and a
process ensuring that the donations have significant nutritional
value.
The bill specifies that supermarkets under common ownership may
adopt a common written policy.
LIABILITY PROTECTIONS 2022HB-05146-R000194-BA.DOCX
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Existing law provides criminal and civil liability protection to anyone
(including food growers, processors, distributors, and retailers) who
donates food for use by, or distribution amongst, nonprofits, political
subdivisions of the state, or senior centers. Existing law also protects
these distributing entities if they distribute food for free or for a nominal
fee. The immunity applies to claims related to the donated food’s nature,
age, condition, or packaging unless at the time of donation or
distribution the donor or distributor knew or had reasonable grounds
to believe that the food was adulterated (as defined in the state’s Food,
Drug, and Cosmetic Act) or unfit for human consumption.
The bill specifically expands the covered entities to include FROs and
supermarkets that donate canned or perishable food, but it also specifies
that the immunity for these entities does not apply if they knew or had
reasonable grounds to believe that state or local health officials
embargoed the donated food or ordered it destroyed. (The federal Bill
Emerson Good Samaritan Food Donation Act provides similar
protection for most food donors and applies when states do not adopt
stronger liability protections (42 U.S.C. § 1791).)
FOOD DONATION PROGRAM TASK FORCE
The bill creates a nine-member task force to examine and make
recommendations about establishing an in-state supermarket food
donation program that (1) alleviates hunger, reduces food waste, and
supports the operations of FROs providing nutritional assistance and (2)
ensures that all food donated is safe and fit for human consumption.
The members are the agriculture, consumer protection, and public
health commissioners, or their designees, and the following individuals,
jointly appointed by the General Law Committee chairpersons:
1. a representative of supermarkets operating in Connecticut,
2. a representative of class 3 or 4 food establishments (generally,
operations that make and prepare hot food) operating in
Connecticut,
3. two representatives of FROs providing nutritional assistance in 2022HB-05146-R000194-BA.DOCX
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Connecticut, and
4. two members of the legislature.
The General Law Committee chairs must select the task force
chairpersons from among the members and fill any vacancies. The
committee’s administrative staff serve as the task force’s staff.
The task force must submit its findings and recommendations to the
General Law Committee by January 1, 2023. It terminates on that date
or the date it submits the report, whichever is later.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 17 Nay 1 (03/15/2022)