An Act
ENROLLED HOUSE
BILL NO. 1542 By: Moore, Pittman, and Newton
of the House
and
Stanley of the Senate
An Act relating to torts; defining terms; providing
immunity from civil liability f or restaurants that
donate food; providing exceptions; providing date for
application of immunity to civil actions; providing
for codification; and providing an effective date.
SUBJECT: Torts
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.1 of Title 76, unless there
is created a duplication in numbering , reads as follows:
A. As used in this section :
1. "Food" means unserved perishable, salvageable food that has
been properly preserved for human consumption; and
2. "Restaurant" means any eating establish ment regardless of
seating capacity including public school district cafeterias.
B. Any restaurant that, in good faith and without compensation,
donates food which is prepared and subsequently donated by th e
restaurant shall not be liable for damages caused by the condition
of the food, unless the damages by the restaurant result from an
intentional act, omission, gross negligence or the restaurant knew
or should have known of the condition of the food that resulted in
the damages. ENR. H. B. NO. 1542 Page 2
C. This section shall apply to all civil actions filed on or
after November 1, 2023.
SECTION 2. This act shall become effective November 1, 2023.
ENR. H. B. NO. 1542 Page 3
Passed the House of Re presentatives the 7th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 17th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor thi s ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock ___ ____ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________ ENR. H. B. NO. 1542 Page 4