Connecticut 2022 Regular Session

Connecticut House Bill HB05146 Compare Versions

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	7	+	General Assembly Substitute Bill No. 5146
	8	+	February Session, 2022
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4		-	Substitute House Bill No. 5146
5		-
6		-	Public Act No. 22-28
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9	14		AN ACT CONCERNING FOOD DONATION.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. (NEW) (Effective October 1, 2022) (a) For the purposes of this
14		-	section:
15		-	(1) "Canned food" means any food that has been commercially
16		-	processed, prepared and hermetically sealed for human consumption,
17		-	including, but not limited to, a canned or preserved fruit or vegetable;
18		-	(2) "Food relief organization" means a public or private entity,
19		-	including, but not limited to, a community-based organization, food
20		-	bank, food pantry or soup kitchen, that, on a nonprofit basis and in the
21		-	ordinary course of such entity's business or operations, provides
22		-	nutritional assistance to individuals in this state who are in need of such
23		-	assistance, free of charge;
24		-	(3) "Perishable food" means any food, including, but not limited to, a
25		-	fresh, frozen or refrigerated bakery product, dairy product, fruit,
26		-	packaged meat, packaged seafood or vegetable, that may spoil or
27		-	otherwise become unfit for human consumption because of its nature,
28		-	physical condition or type; and
29		-	(4) "Supermarket" means (A) a retail food store occupying a total Substitute ~~House~~ Bill No. 5146
	18	+	Section 1. (NEW) (Effective October 1, 2022) (a) For the purposes of this 1
	19	+	section: 2
	20	+	(1) "Canned food" means any food that has been commercially 3
	21	+	processed, prepared and hermetically sealed for human consumption, 4
	22	+	including, but not limited to, a canned or preserved fruit or vegetable; 5
	23	+	(2) "Food relief organization" means a public or private entity, 6
	24	+	including, but not limited to, a community-based organization, food 7
	25	+	bank, food pantry or soup kitchen, that, on a nonprofit basis and in the 8
	26	+	ordinary course of such entity's business or operations, provides 9
	27	+	nutritional assistance to individuals in this state who are in need of such 10
	28	+	assistance, free of charge; 11
	29	+	(3) "Perishable food" means any food, including, but not limited to, a 12
	30	+	fresh, frozen or refrigerated bakery product, dairy product, fruit, 13
	31	+	packaged meat, packaged seafood or vegetable, that may spoil or 14
	32	+	otherwise become unfit for human consumption because of its nature, 15
	33	+	physical condition or type; and 16
	34	+	(4) "Supermarket" means (A) a retail food store occupying a total 17 Substitute Bill No. 5146
30	35
31		-	Public Act No. 22-28 2 of 5
32	36
33		-	retail sales area of at least three thousand five hundred square feet, or
34		-	(B) a large discount department store that (i) sells a complete line of
35		-	grocery merchandise, (ii) continuously offers for sale fresh produce and
36		-	meats, poultry, seafood, nuts and dairy products, (iii) maintains a
37		-	bakery, as defined in section 21a-151 of the general statutes, (iv) is
38		-	locally permitted as a class 3 food establishment, as defined in section
39		-	19a-36g of the general statutes, and (v) has registered at least one
40		-	weighing or measuring device pursuant to subsection (b) of section 43-
41		-	3 of the general statutes.
42		-	(b) An insurer that delivers, issues for delivery, renews, amends or
43		-	continues in this state a commercial risk insurance policy or rider to such
44		-	policy which provides coverage for the spoilage of canned food or
45		-	perishable food shall provide coverage to the same extent for canned
46		-	food or perishable food that is donated by a food relief organization or
47		-	a supermarket.
48		-	(c) To the extent a tax deduction or tax credit is allowed under any
49		-	provision of the general statutes for a donation described in subsection
50		-	(b) of this section, no supermarket that donates to a food relief
51		-	organization any canned food or perishable food and receives payment
52		-	from an insurer for such canned food or perishable food shall avail itself
53		-	of a tax deduction or tax credit for the amount of such payment.
54		-	Sec. 2. Section 52-557l of the general statutes is repealed and the
55		-	following is substituted in lieu thereof (Effective October 1, 2022):
56		-	(a) Notwithstanding any provision of the general statutes, any
57		-	person, including but not limited to a seller, farmer, processor,
58		-	distributor, wholesaler or retailer of food, who donates an item of food
59		-	for use or distribution by a nonprofit organization, nonprofit
60		-	corporation, political subdivision of the state or senior center, and any
61		-	nonprofit organization or nonprofit corporation that collects donated
62		-	food and distributes such food to other nonprofit organizations or Substitute House Bill No. 5146
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	41	+	retail sales area of at least three thousand five hundred square feet, or 18
	42	+	(B) a large discount department store that (i) sells a complete line of 19
	43	+	grocery merchandise, (ii) continuously offers for sale fresh produce and 20
	44	+	meats, poultry, seafood, nuts and dairy products, (iii) maintains a 21
	45	+	bakery, as defined in section 21a-151 of the general statutes, (iv) is 22
	46	+	locally permitted as a class 3 food establishment, as defined in section 23
	47	+	19a-36g of the general statutes, and (v) has registered at least one 24
	48	+	weighing or measuring device pursuant to subsection (b) of section 43-25
	49	+	3 of the general statutes. 26
	50	+	(b) An insurer that delivers, issues for delivery, renews, amends or 27
	51	+	continues in this state a commercial risk insurance policy or rider to such 28
	52	+	policy which provides coverage for the spoilage of canned food or 29
	53	+	perishable food shall provide coverage to the same extent for canned 30
	54	+	food or perishable food that is donated by a food relief organization or 31
	55	+	a supermarket. 32
	56	+	(c) To the extent a tax deduction or tax credit is allowed under any 33
	57	+	provision of the general statutes for a donation described in subsection 34
	58	+	(b) of this section, no supermarket that donates to a food relief 35
	59	+	organization any canned food or perishable food and receives payment 36
	60	+	from an insurer for such canned food or perishable food shall avail itself 37
	61	+	of a tax deduction or tax credit for the amount of such payment. 38
	62	+	Sec. 2. (NEW) (Effective October 1, 2022) (a) For the purposes of this 39
	63	+	section, "supermarket" has the same meaning as provided in section 1 of 40
	64	+	this act. 41
	65	+	(b) Not later than January 1, 2023, each supermarket doing business 42
	66	+	in this state shall adopt a written policy describing a food donation 43
	67	+	program that: 44
	68	+	(1) Is designed to reduce such supermarket's food waste, support the 45
	69	+	operations of food relief organizations and ensure that all food donated 46
	70	+	by such supermarket under such policy is safe and fit for human 47
	71	+	consumption; 48 Substitute Bill No. 5146
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66		-	nonprofit corporations or a political subdivision of the state or senior
67		-	center free of charge or for a nominal fee, shall not be liable for civil
68		-	damages or criminal penalties resulting from the nature, age, condition
69		-	or packaging of the food, unless it is established that the donor, at the
70		-	time of making the donation, or the nonprofit organization or nonprofit
71		-	corporation, at the time of distributing the food, knew or had reasonable
72		-	grounds to believe that the food was (1) adulterated, as [defined]
73		-	described in section 21a-101, or (2) not fit for human consumption.
74		-	(b) Notwithstanding any provision of the general statutes, any food
75		-	establishment classified as a class 3 or class 4 food establishment
76		-	pursuant to regulations adopted under section 19a-36h, that donates
77		-	perishable food for use or distribution by a temporary emergency
78		-	shelter in accordance with the provisions set forth in section 38a-313b
79		-	shall not be liable for civil damages or criminal penalties resulting from
80		-	the nature, age, condition or packaging of the food, unless it is
81		-	established that the donor, at the time of making the donation, knew or
82		-	had reasonable grounds to believe that the food was (1) embargoed or
83		-	ordered destroyed by the Department of Public Health or a local
84		-	director of health, or an authorized agent thereof, (2) adulterated, as
85		-	[defined] described in section 21a-101, or (3) not fit for human
86		-	consumption.
87		-	(c) Notwithstanding any provision of the general statutes, any food
88		-	relief organization or supermarket that donates any canned food or
89		-	perishable food shall not be liable for civil damages or criminal penalties
90		-	resulting from the nature, age, condition or packaging of such canned
91		-	food or perishable food, unless it is established that such food relief
92		-	organization or supermarket, at the time such food relief organization
93		-	or supermarket donated such canned food or perishable food, knew or
94		-	had reasonable grounds to believe that such canned food or perishable
95		-	food was (1) embargoed or ordered destroyed by the Department of
96		-	Public Health or a local director of health, or an authorized agent Substitute House Bill No. 5146
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100		-	thereof, (2) adulterated, as described in section 21a-101, or (3) not fit for
101		-	human consumption. For the purposes of this subsection, "canned
102		-	food", "food relief organization", "perishable food" and "supermarket"
103		-	have the same meanings as provided in section 1 of this act.
104		-	Sec. 3. (Effective from passage) (a) There is established a task force to
105		-	study implementation of a supermarket food donation program in this
106		-	state. The task force shall examine, and make recommendations
107		-	concerning, establishing a supermarket food donation program in this
108		-	state that (1) alleviates hunger, reduces food waste and supports the
109		-	operations of food relief organizations, as defined in subsection (a) of
110		-	section 1 of this act, and (2) ensures that all food donated as part of such
111		-	program is safe and fit for human consumption.
112		-	(b) The task force shall consist of the following members:
113		-	(1) One appointed by the speaker of the House of Representatives,
114		-	who shall be a member of the General Assembly;
115		-	(2) One appointed by the president pro tempore of the Senate, who
116		-	shall be a member of the General Assembly;
117		-	(3) Three appointed by the majority leader of the House of
118		-	Representatives, one of whom shall be a representative of food
119		-	establishments doing business in this state that are classified as class 3
120		-	or class 4 food establishments under regulations adopted by the
121		-	Commissioner of Public Health pursuant to section 19a-36h of the
122		-	general statutes and two of whom shall be representatives of food relief
123		-	organizations, as defined in subsection (a) of section 1 of this act;
124		-	(4) Three appointed by the majority leader of the Senate, one of whom
125		-	shall be a representative of supermarkets doing business in this state
126		-	and two of whom shall be representatives of food relief organizations,
127		-	as defined in subsection (a) of section 1 of this act; Substitute House Bill No. 5146
	78	+	(2) Provides for the education of such supermarket's management 49
	79	+	and employees regarding the food distribution process and the 50
	80	+	relationship between such process and food insecurity and food waste; 51
	81	+	(3) Calls for such supermarket to make reasonable efforts to identify, 52
	82	+	and partner with, at least two food relief organizations for the purpose 53
	83	+	of donating excess edible food to such food relief organizations; 54
	84	+	(4) Includes a framework to formalize and streamline such 55
	85	+	supermarket's store-level protocols concerning food donated by such 56
	86	+	supermarket; and 57
	87	+	(5) Includes a process to ensure that the food donated as part of such 58
	88	+	program has significant nutritional value. 59
	89	+	(c) If multiple supermarkets subject to the provisions of subsection 60
	90	+	(b) of this section are under common ownership, such supermarkets 61
	91	+	may adopt a common written policy under this section. 62
	92	+	Sec. 3. Section 52-557l of the general statutes is repealed and the 63
	93	+	following is substituted in lieu thereof (Effective October 1, 2022): 64
	94	+	(a) Notwithstanding any provision of the general statutes, any 65
	95	+	person, including but not limited to a seller, farmer, processor, 66
	96	+	distributor, wholesaler or retailer of food, who donates an item of food 67
	97	+	for use or distribution by a nonprofit organization, nonprofit 68
	98	+	corporation, political subdivision of the state or senior center, and any 69
	99	+	nonprofit organization or nonprofit corporation that collects donated 70
	100	+	food and distributes such food to other nonprofit organizations or 71
	101	+	nonprofit corporations or a political subdivision of the state or senior 72
	102	+	center free of charge or for a nominal fee, shall not be liable for civil 73
	103	+	damages or criminal penalties resulting from the nature, age, condition 74
	104	+	or packaging of the food, unless it is established that the donor, at the 75
	105	+	time of making the donation, or the nonprofit organization or nonprofit 76
	106	+	corporation, at the time of distributing the food, knew or had reasonable 77
	107	+	grounds to believe that the food was (1) adulterated, as [defined] 78
	108	+	described in section 21a-101, or (2) not fit for human consumption. 79 Substitute Bill No. 5146
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131		-	(5) One appointed by the minority leader of the House of
132		-	Representatives, who shall be a representative of a food relief
133		-	organization, as defined in subsection (a) of section 1 of this act;
134		-	(6) One appointed by the minority leader of the Senate, who shall be
135		-	a representative of a food relief organization, as defined in subsection
136		-	(a) of section 1 of this act;
137		-	(7) The Commissioner of Agriculture, or the commissioner's
138		-	designee;
139		-	(8) The Commissioner of Consumer Protection, or the commissioner's
140		-	designee; and
141		-	(9) The Commissioner of Public Health, or the commissioner's
142		-	designee.
143		-	(c) Any vacancy shall be filled by the appointing authority.
144		-	(d) The speaker of the House of Representatives and the president
145		-	pro tempore of the Senate shall select the chairpersons of the task force
146		-	from among the members of the task force.
147		-	(e) The administrative staff of the joint standing committee of the
148		-	General Assembly having cognizance of matters relating to general law
149		-	shall serve as administrative staff of the task force.
150		-	(f) Not later than January 1, 2023, the task force shall submit a report
151		-	on its findings and recommendations to the joint standing committee of
152		-	the General Assembly having cognizance of matters relating to general
153		-	law, in accordance with the provisions of section 11-4a of the general
154		-	statutes. The task force shall terminate on the date that it submits such
155		-	report or January 1, 2023, whichever is later.
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	114	+
	115	+	(b) Notwithstanding any provision of the general statutes, any food 80
	116	+	establishment classified as a class 3 or class 4 food establishment 81
	117	+	pursuant to regulations adopted under section 19a-36h, that donates 82
	118	+	perishable food for use or distribution by a temporary emergency 83
	119	+	shelter in accordance with the provisions set forth in section 38a-313b 84
	120	+	shall not be liable for civil damages or criminal penalties resulting from 85
	121	+	the nature, age, condition or packaging of the food, unless it is 86
	122	+	established that the donor, at the time of making the donation, knew or 87
	123	+	had reasonable grounds to believe that the food was (1) embargoed or 88
	124	+	ordered destroyed by the Department of Public Health or a local 89
	125	+	director of health, or an authorized agent thereof, (2) adulterated, as 90
	126	+	[defined] described in section 21a-101, or (3) not fit for human 91
	127	+	consumption. 92
	128	+	(c) Notwithstanding any provision of the general statutes, any food 93
	129	+	relief organization or supermarket that donates any canned food or 94
	130	+	perishable food shall not be liable for civil damages or criminal penalties 95
	131	+	resulting from the nature, age, condition or packaging of such canned 96
	132	+	food or perishable food, unless it is established that such food relief 97
	133	+	organization or supermarket, at the time such food relief organization 98
	134	+	or supermarket donated such canned food or perishable food, knew or 99
	135	+	had reasonable grounds to believe that such canned food or perishable 100
	136	+	food was (1) embargoed or ordered destroyed by the Department of 101
	137	+	Public Health or a local director of health, or an authorized agent 102
	138	+	thereof, (2) adulterated, as described in section 21a-101, or (3) not fit for 103
	139	+	human consumption. For the purposes of this subsection, "canned 104
	140	+	food", "food relief organization", "perishable food" and "supermarket" 105
	141	+	have the same meanings as provided in section 1 of this act. 106
	142	+	Sec. 4. (Effective from passage) (a) There is established a task force to 107
	143	+	study implementation of a supermarket food donation program in this 108
	144	+	state. The task force shall examine, and make recommendations 109
	145	+	concerning, establishing a supermarket food donation program in this 110
	146	+	state that (1) alleviates hunger, reduces food waste and supports the 111
	147	+	operations of food relief organizations providing nutritional assistance 112 Substitute Bill No. 5146
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	154	+	in this state, and (2) ensures that all food donated as part of such 113
	155	+	program is safe and fit for human consumption. 114
	156	+	(b) The task force shall consist of the following members: 115
	157	+	(1) The Commissioner of Agriculture, or the commissioner's 116
	158	+	designee; 117
	159	+	(2) The Commissioner of Consumer Protection, or the commissioner's 118
	160	+	designee; 119
	161	+	(3) The Commissioner of Public Health, or the commissioner's 120
	162	+	designee; 121
	163	+	(4) A representative of supermarkets doing business in this state, who 122
	164	+	shall be jointly appointed by the chairpersons of the joint standing 123
	165	+	committee of the General Assembly having cognizance of matters 124
	166	+	relating to general law; 125
	167	+	(5) A representative of food establishments doing business in this 126
	168	+	state that are classified as class 3 or class 4 food establishments under 127
	169	+	regulations adopted by the Commissioner of Public Health pursuant to 128
	170	+	section 19a-36h of the general statutes, who shall be jointly appointed 129
	171	+	by the chairpersons of the joint standing committee of the General 130
	172	+	Assembly having cognizance of matters relating to general law; 131
	173	+	(6) Two representatives of food relief organizations providing 132
	174	+	nutritional assistance in this state, who shall be jointly appointed by the 133
	175	+	chairpersons of the joint standing committee of the General Assembly 134
	176	+	having cognizance of matters relating to general law; and 135
	177	+	(7) Two members of the General Assembly, who shall be jointly 136
	178	+	appointed by the chairpersons of the joint standing committee of the 137
	179	+	General Assembly having cognizance of matters relating to general law. 138
	180	+	(c) Any vacancy shall be filled by the appointing authority. 139
	181	+	(d) The chairpersons of the joint standing committee of the General 140 Substitute Bill No. 5146
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	188	+	Assembly having cognizance of matters relating to general law shall 141
	189	+	select the chairpersons of the task force from among the members of the 142
	190	+	task force. 143
	191	+	(e) The administrative staff of the joint standing committee of the 144
	192	+	General Assembly having cognizance of matters relating to general law 145
	193	+	shall serve as administrative staff of the task force. 146
	194	+	(f) Not later than January 1, 2023, the task force shall submit a report 147
	195	+	on its findings and recommendations to the joint standing committee of 148
	196	+	the General Assembly having cognizance of matters relating to general 149
	197	+	law, in accordance with the provisions of section 11-4a of the general 150
	198	+	statutes. The task force shall terminate on the date that it submits such 151
	199	+	report or January 1, 2023, whichever is later. 152
	200	+	This act shall take effect as follows and shall amend the following
	201	+	sections:
	202	+
	203	+	Section 1 October 1, 2022 New section
	204	+	Sec. 2 October 1, 2022 New section
	205	+	Sec. 3 October 1, 2022 52-557l
	206	+	Sec. 4 from passage New section
	207	+
	208	+	GL Joint Favorable Subst.
	209	+	Statement of Legislative Commissioners:
	210	+	In Section 1(a)(4), "and" was changed to "or" for clarity.
156	211