| 3 | 3 | | S.F. 590 Section 1. Section 672.1, subsection 2, Code 2025, is 1 amended to read as follows: 2 2. A gleaner, or a restaurant, food establishment, food 3 service establishment, school, manufacturer of foodstuffs, meat 4 or poultry establishment licensed pursuant to chapter 189A , 5 food distributor, or other person who, in good faith, donates 6 food to a charitable or nonprofit organization for ultimate 7 free distribution to needy individuals, or to the department 8 of natural resources or a county conservation board for use 9 in a free interpretive educational program, is not subject to 10 criminal or civil liability arising from the condition of the 11 food if the donor reasonably inspects the food at the time of 12 the donation and finds the food fit for human consumption. The 13 immunity provided by this subsection does not extend to a donor 14 or gleaner if damages result from the negligence, recklessness, 15 or intentional misconduct of the donor, or if the donor 16 or gleaner has, or should have had, actual or constructive 17 knowledge that the food is tainted, contaminated, or harmful to 18 the health or well-being of the ultimate recipient. 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 This bill amends Code section 672.1 providing that a person 23 is exempt from criminal or civil liability for donating food 24 to a charitable or nonprofit organization or to the department 25 of natural resources or a county conservation board so long 26 as the person is acting in good faith. The charitable or 27 nonprofit organization must distribute the food free to 28 needy individuals. The department of natural resources or a 29 county conservation board must use the food as part of a free 30 interpretive educational program. The Code section includes 31 a list of persons who are expressly granted the exemption, 32 including a gleaner, restaurant, food establishment, food 33 service establishment, school, manufacturer of foodstuffs, or 34 meat or poultry processing establishment. The bill provides 35 -1- LSB 1829SV (3) 91 da/ns 1/ 2 |
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