Senate File 359 - Introduced SENATE FILE 359 BY DICKEY A BILL FOR An Act limiting liability for food dealers and owners of 1 commercial vehicles who donate food to an Iowa food bank 2 association. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1829SS (4) 91 da/ns
S.F. 359 Section 1. NEW SECTION . 190B.301 Definitions. 1 As used in this subchapter, unless the context otherwise 2 requires: 3 1. Commercial vehicle means the same as defined in section 4 321.1. 5 2. a. Evidently safe food means food prepared and 6 distributed by a food dealer that a reasonable person would 7 consider safe to consume after considering all relevant 8 information regarding why the food could be considered unfit 9 or unmarketable for retail sale due to a failure to comply 10 with health and safety requirements described in any of the 11 following: 12 (1) The health and safety labeling of a package or container 13 holding the food. 14 (2) The health and safety laws of this state or a local 15 government, including a city or county. 16 b. Evidently safe food does not include food that is any 17 of the following: 18 (1) Subject to regulation under chapter 123. 19 (2) Subject to a government-issued stop order, or a 20 court-issued order of injunctive relief, that prohibits the 21 preparation, distribution, or transportation of the food. 22 3. Food means the same as defined in section 137F.1. 23 4. Food dealer means any of the following: 24 a. A food establishment or food processing plant required to 25 operate pursuant to a license issued under 137F.4. 26 b. An establishment required to operate pursuant to a 27 license issued under section 189A.3. 28 c. A milk plant required to operate pursuant to a permit 29 issued under section 192.111 or 194.3A. 30 5. Iowa food bank association means the same as defined in 31 section 190B.201. 32 Sec. 2. NEW SECTION . 190B.302 Food dealers. 33 1. Except as provided in subsection 2, a food dealer is 34 not liable for any act or omission causing injury, loss, or 35 -1- LSB 1829SS (4) 91 da/ns 1/ 5
S.F. 359 death by the human consumption of evidently safe food, if 1 the evidently safe food was donated by the food dealer to an 2 Iowa food bank association, and the food dealer had no actual 3 knowledge that the food would likely cause injury, loss, or 4 death if consumed in a normal manner. 5 2. Subsection 1 does not apply to evidently safe food that 6 is any of the following: 7 a. (1) Prepared or distributed to an Iowa food bank 8 association by a food dealer not operating pursuant to a 9 license required to be issued under section 137F.4, a license 10 required to be issued under section 189A.3, or a permit 11 required to be issued under section 192.111 or 194.3A. 12 (2) Prepared or distributed to an Iowa food bank association 13 by a food dealer whose license or permit described in 14 subparagraph (1) has been suspended. 15 b. Prepared or distributed to an Iowa food bank association 16 by a food dealer in a manner that does not meet required 17 time and temperature controls for safety to limit pathogenic 18 microorganism growth or toxin formation. 19 c. Declared to be unsafe for human consumption by the food 20 dealer. 21 d. Intentionally falsely advertised to an Iowa food bank 22 association by the food dealer. 23 Sec. 3. NEW SECTION . 190B.303 Owners of commercial 24 vehicles. 25 1. Except as provided in subsection 2, the owner of a 26 commercial vehicle is not liable for any act or omission 27 causing injury, loss, or death by the human consumption of 28 evidently safe food, if the costs of transporting the evidently 29 safe food was donated by the owner of the commercial vehicle to 30 an Iowa food bank association, and the owner of the commercial 31 vehicle had no actual knowledge that the food would likely 32 cause injury, loss, or death if consumed in a normal manner. 33 2. Subsection 1 does not apply to evidently safe food that 34 is any of the following: 35 -2- LSB 1829SS (4) 91 da/ns 2/ 5
S.F. 359 a. (1) Transported to an Iowa food bank association by the 1 owner of a commercial vehicle not operating pursuant to the 2 applicable license required to be issued pursuant to chapter 3 321. 4 (2) Transported to an Iowa food bank association by the 5 owner of a commercial vehicle operating pursuant to a suspended 6 license issued pursuant to chapter 321. 7 b. Transported to an Iowa food bank association by a 8 commercial vehicle owner in a manner that does not meet 9 required time and temperature controls for safety to limit 10 pathogenic microorganism growth or toxin formation. 11 c. Declared unsafe for human consumption by the owner of the 12 commercial vehicle. 13 d. Intentionally falsely advertised to the Iowa food bank 14 association by the owner of the commercial vehicle. 15 Sec. 4. DIRECTIONS TO CODE EDITOR. The Code editor is 16 directed to arrange the following into a new subchapter in 17 chapter 190B: 18 Sections 190B.301 through 190B.303. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 GENERAL. Code chapter 190B currently consists of two 23 subchapters; subchapter I provides for the farm to food 24 donation tax credit and subchapter II provides for the Iowa 25 emergency food purchase program. This bill creates a new 26 subchapter shielding a food dealer or the owner of a commercial 27 vehicle from civil liability when donating food to an Iowa food 28 bank association (IFBA). 29 SHIELD FROM CIVIL LIABILITY. The shield from civil 30 liability applies to a food dealer when preparing or 31 distributing the food under the regulatory authority of the 32 department of inspections, appeals, and licensing (DIAL), or 33 the department of agriculture and land stewardship (DALS). 34 The shield also applies to the owner of a commercial vehicle 35 -3- LSB 1829SS (4) 91 da/ns 3/ 5
S.F. 359 when transporting such food. However, the shield only applies 1 under certain circumstances. The food dealer or owner must 2 not have had actual knowledge that the food would likely cause 3 harm to an individual consuming the food in a normal manner. 4 The shield only applies to a food dealer or to an owner of 5 a commercial vehicle operating under a valid license. In 6 addition, the food dealer or commercial vehicle owner must 7 comply with required time and temperature controls for safety 8 to limit pathogenic microorganism growth or toxin formation. 9 The food dealer or owner cannot have declared the evidently 10 safe food to be unsafe, or intentionally falsely advertised the 11 evidently safe food to the IFBA. 12 EVIDENTLY SAFE FOOD. Evidently safe food is defined as 13 food that a reasonable person would consider to be safe to 14 consume, if such person had all information regarding why the 15 food could be considered unfit or unmarketable for retail sale 16 due to a failure to comply with health and safety requirements. 17 Evidently safe food does not include food that is regulated 18 as alcohol, or subject to a government-issued stop order or 19 court-issued injunction. 20 FOOD DEALER, OWNER, AND IFBA. A food dealer refers to a food 21 establishment or food processing plant regulated (licensed) by 22 DIAL under Code chapter 137F. A food establishment includes 23 an operation that stores, prepares, packages, serves, vends, 24 or otherwise provides food for human consumption (Code section 25 137F.1). A food processing plant is a commercial operation 26 that manufactures, packages, labels, or stores food for human 27 consumption but does not provide food directly to a consumer 28 (Code section 137F.1). A food dealer also includes a meat 29 and poultry slaughter and processing establishment regulated 30 (licensed) by DALS (Code section 189A.3), and a milk plant 31 also regulated (permitted) by DALS (Code sections 192.111 and 32 194.3A). An owner refers to the owner of a commercial vehicle 33 required to be regulated (licensed) by the state department of 34 transportation under Code chapter 321. A commercial vehicle 35 -4- LSB 1829SS (4) 91 da/ns 4/ 5
S.F. 359 is a motor vehicle that has a gross weight of 10,001 or more 1 pounds (Code section 321.1), among other things. IFBA refers 2 to a nonprofit organization formed under Iowa law, exempt from 3 federal income taxation, whose members include food banks, or 4 affiliations of food banks, that together serve all counties in 5 this state, and whose principal office is located in this state 6 (Code section 190B.201). 7 -5- LSB 1829SS (4) 91 da/ns 5/ 5