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OLR Bill Analysis
sHB 5146 (as amended by House "A")*
AN ACT CONCERNING FOOD DONATION.
SUMMARY
This bill requires insurers that deliver, issue, renew, amend, or
continue a commercial risk insurance policy or rider in Connecticut that
covers 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 food relief organization (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.
The bill also (1) expands current law’s criminal and civil liability
protections for entities donating food to also cover FRO and
supermarket donations and (2) creates a task force to study
implementing an in-state supermarket food donation program.
Lastly, it makes technical and conforming changes.
*House Amendment “A” (1) eliminates a provision in the underlying
bill requiring supermarkets to adopt a written food donation program
policy aimed at reducing food waste and food insecurity and (2) changes
the task force’s membership and appointing authorities.
EFFECTIVE DATE: October 1, 2022, except the task force provision is
effective upon passage.
COVERED ENTITIES
Under the bill, “supermarkets” are:
1. retail food stores with at least 3,500 square feet of retail space and
2. large discount department stores that (a) sell a complete line of 2022HB-05146-R01-BA.DOCX
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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.
LIABILITY PROTECTIONS
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. It 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 13-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 2022HB-05146-R01-BA.DOCX
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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:
1. a representative of supermarkets operating in Connecticut,
appointed by the Senate majority leader;
2. a representative of class 3 or 4 food establishments (generally,
operations that make and prepare hot food) operating in
Connecticut, appointed by the House majority leader;
3. six representatives of FROs providing nutritional assistance in
Connecticut, (a) two each appointed by the House and Senate
majority leaders and (b) one each appointed by the House and
Senate minority leaders; and
4. two members of the legislature, one each appointed by the House
speaker and Senate president.
The House speaker and Senate president must select the task force
chairpersons from among the members. The respective appointing
authority fills any vacancies. The General Law 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 when it submits the report, whichever is later.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 17 Nay 1 (03/15/2022)