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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 143
BY REPRESENTATIVE HOFFMANN
A CONCURRENT RESOLUTI ON
To urge and request that the Louisiana Food Bank Association study means by which to
facilitate and encourage the donation of food by grocers and restaurants to food
banks and other charitable organizations which serve the needy.
WHEREAS, R.S. 9:2799 provides that no person shall have a cause of action in this
state against a food bank or against any individual, food service establishment, restaurant,
wholesaler, or retailer of food which donates to food banks perishable or prepared food for
gleaning or for free distribution for damages caused by the condition of the food, unless the
damages result from the intentional act or omission or the gross negligence of the food bank
or donor; and
WHEREAS, though Louisiana law thus protects from liability grocers and
restaurants which donate perishable or prepared food to food banks and other charitable
organizations which serve the needy, the practice of such donation is not widespread in this
state; and
WHEREAS, analyses of food waste in the United States frequently cite figures which
estimate that between twenty and twenty-five percent of all food produced in this country
is thrown away; and
WHEREAS, a 2009 report by the United States Department of Agriculture indicated
that forty-nine million Americans are going hungry and that dependable access to adequate
food has especially deteriorated among families with children; and
WHEREAS, a 2009 study conducted by leading anti-hunger organization Feeding
America concluded that Louisiana has the highest rate of child hunger in the nation; and
WHEREAS, there exist numerous examples from other states and localities of
successful food donation programs involving donations from grocers and restaurants; and ENROLLEDHCR NO. 143
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WHEREAS, the National Restaurant Association has published "Food Donation: A
Restauranteur's Guide", which encourages restaurants to participate actively in food recovery
and donation programs and provides practical guidance for doing so; and
WHEREAS, grocers and restaurants have played a leading role in places where
successful food donation programs have been implemented; and
WHEREAS, the mission of the Louisiana Food Bank Association includes promotion
of communication and interaction among food banks, provision of education and training
programs on issues of hunger and food banking, coordination of statewide resources to
benefit food banks, and development of new resources for food and funds; and
WHEREAS, the Louisiana Food Bank Association is uniquely qualified to inform
policymakers on strategies for reducing food insecurity in this state.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request that the Louisiana Food Bank Association study means by which to
encourage the donation of food by grocers and restaurants to food banks and other charitable
organizations which serve the needy.
BE IT FURTHER RESOLVED that in conducting such study, the Louisiana Food
Bank Association shall engage the Louisiana Restaurant Association and the Louisiana Food
Industry Council of the Louisiana Retailers Association and shall incorporate analysis and
commentary from those groups in the study.
BE IT FURTHER RESOLVED that the Louisiana Food Bank Association shall
present findings from the study in the form of a report to the House Committee on Health
and Welfare and the Senate Committee on Health and Welfare on or before March 1, 2013.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
executive director of the Louisiana Food Bank Association, the president of the Louisiana
Restaurant Association, and the president of the Louisiana Food Industry Council of the
Louisiana Retailers Association.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE