West Virginia 2025 Regular Session

West Virginia House Bill HB3287

Introduced
3/10/25  

Caption

Relating to Good Samaritan Food Donation Act

Impact

If enacted, HB 3287 will effectively provide a fiscal incentive for retailers and food suppliers to engage in food donation. Eligible taxpayers could receive a tax credit equivalent to one-tenth of the retail sale value of the donated food items, capped at $5,000 annually and applicable to either corporate or personal income tax. The legislation is expected to enhance participation in food donation programs by alleviating concerns regarding potential liability for food safety issues, as it reinforces the liability protections under the existing Good Samaritan provisions.

Summary

House Bill 3287 aims to amend the existing Good Samaritan Food Donation Act by providing tax credits to retail food distributors who donate surplus food to nonprofit organizations. By introducing tax credit incentives, the legislation seeks to reduce food waste in West Virginia while simultaneously encouraging the redistribution of edible food to needy individuals. The bill also aligns with federal law under the Bill Emerson Good Samaritan Food Donation Act, which protects food donors from liability, thus promoting a more supportive legal framework for food donations.

Sentiment

The overall sentiment surrounding HB 3287 appears to be favorable among its proponents who view it as a vital step in promoting charitable food distribution and addressing food insecurity within the state. Supporters argue that the bill fosters community engagement and corporate responsibility. Critics, however, may raise concerns about the adequacy of such a tax credit in ensuring food safety or whether the limitations on the credit could dissuade larger distributors from participating.

Contention

Notable points of contention may arise over the implications of the tax credit limitations—for instance, whether a $5,000 cap would be sufficient incentive for large retailers or if it would primarily benefit smaller organizations. Additionally, discussions might surface regarding the administrative burden placed on the Tax Commissioner for rule promulgation and documentation requirements, ensuring that retailers are accurately notified and guided in utilizing this tax incentive effectively.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4482

Relating to Good Samaritan Food Donation Act

WV HB2272

Relating to Good Samaritan Food Donation Act

WV HB2605

Relating to Good Samaritan law

WV SB320

Removing requirement for wineries to serve food when serving wine

WV HB4722

Create a credit against the severance tax to encourage private companies to make infrastructure improvements to highways, roads and bridges in this state

WV HB4218

Relating to the cultivation of medical cannabis

WV SB270

Establishing road or highway infrastructure improvement projects or coal production and processing facilities tax credit

WV HB4705

Relating to the consumers sales and service tax and returning the refundable exemption for sales of construction and maintenance materials acquired by a second party for use in Division of Highways projects

WV HB2822

Relating to the consumers sales and service tax and returning the refundable exemption for sales of construction and maintenance materials acquired by a second party for use in Division of Highways projects

WV HB5294

Revising state law regulating farm wineries

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