An Act
ENROLLED HOUSE
BILL NO. 4060 By: Wallace of the House
and
Green of the Senate
An Act relating to agriculture; creating the Donated
Agriculture and Wild Game Fo ods Act; defining terms;
providing for criminal and civil liability under
certain circumstances; referencing liability found in
76 O.S. 2021, Section 5.6; retaining agency authority
to inspect, regulate, and ban certain foods; creating
a license; requiring administrative rules process;
allowing for donation of wild game meat; requiring a
review of rules; requiring a report; amending 76 O.S.
2021, Section 5.6; requiring posting of the Donated
Agriculture and Wild Game Foods Act on the State
Department of Health's website; requiring posting of
similar information on the Ok lahoma Department of
Agriculture, Food, and Forestry's website; requiring
posting of special lic ensing information on the
Oklahoma Department of Wildlife Conse rvation website;
providing for codification; and providing an
effective date.
SUBJECT: Agriculture
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Sectio n 5-601 of Title 2, unless there
is created a duplication in numbering, reads as follo ws:
This act shall be known and may be cited as the "Donated
Agriculture and Wild Game Food s Act".
SECTION 2. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 5-602 of Title 2, unless there
is created a duplication in numbering, reads as follows: ENR. H. B. NO. 4060 Page 2
For the purpose of this act, the following definitions shall
apply:
1. "Charitable organization" means any benevolent,
philanthropic, patriotic , eleemosynary, educational, social, civic,
recreational or religious group or association, or any other person
performing or purporting to perform acts beneficial to the pu blic;
2. "Food" means any raw, cooked, processed, or prepared edible
substance, ice, beverage, or ingredient used or intended to be used
in whole or in part for human consumption that is apparently fit for
human consumption. Food includes nonperishable f ood, perishable
food, and wild game;
3. "Gleaner" means a person who gleans an agricultural crop
that has been donated by the owner of the agr icultural crop;
4. "Gleans" or "gleaned" means to gather an agricultural crop
leftover after a harvest;
5. "Nonprofit corporation" means a corporation formed for a
purpose not involving pecuniar y gain to its shareholders or members,
paying no dividends or other pecuniary remuneration, directly or
indirectly, to its shareholders or members as such, and having no
capital stock;
6. "Nonperishable food" means any food that has be en
commercially processed, prepared, and packaged for human consumption
and that is intended to remain fit for human consumption without
refrigeration for a reasonable length of time ;
7. "Person" means an individual, corporation, business trust,
estate trust, partnership, limited liability company, association,
joint venture, or any other legal or commercial entity. Person does
not include a government, governmental subdivision, agency,
instrumentality, or a public corporation;
8. "Perishable food" means any food that may spoil or otherwise
become unfit for human consumption because of its nature, type, or
physical condition. Perishable food includes all of the following:
a. fresh and processed meats, poultry, fish, dairy
products, or bakery products ,
ENR. H. B. NO. 4060 Page 3
b. eggs in shell, and
c. fresh fruits and vegetables;
9. "State agency" means any office, department, board,
commission, committee, court, school district, board of education,
or other instrumentality of the government of this state existing by
virtue of an act of the Oklahoma Legislature or the Constitution of
this state;
10. "Wild game" means any of the following that are legally
taken under the laws of this state:
a. game animals as defined i n Sections 2-116 and 2-145 of
Title 29 of the Oklahoma Statutes ,
b. game birds as defined in Sections 2-112 and 2-114 of
Title 29 of the Oklahoma Statutes, and
c. game fish as defined in Section 2-115 in Title 29 of
the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-603 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. A person or gleaner who, in good faith, donates food for
ultimate distribution without charge by a nonprofi t corporation, a
charitable organization, or a state agency shall not be liable for
civil damages or criminal penalties resulting from the nature, age,
condition, or packaging of the donated food, unless an injury o r
death is caused by the gross negligence , recklessness, or
intentional misconduct of the person or gleaner.
B. A person who, in good faith, provides services related to
the processing of wild game that is donated to a nonprofit
corporation, a charitable organization, or a state agency for
ultimate distribution witho ut charge by the nonprofit organization
or the state agency shall not be liable for civil damages or
criminal penalties resulting from the nature, age, cond ition, or
packaging of the donated fo od, unless an injury or death is caused
by gross negligence, recklessness, or intentional misconduct of the
person.
ENR. H. B. NO. 4060 Page 4
C. A nonprofit corporation or charitable organization that, in
good faith, accepts donate d food for ultimate distribution without
charge shall not be liable for civil damages or criminal penalties
resulting from the nature , age, condition, or packaging of the
donated food, unless an injury or death is caused by gross
negligence, recklessness, or intentional miscond uct of the nonprofit
organization.
D. Nothing in this section shall supersede the liability found
in Section 5.6 of Title 76 of the Oklahoma Statutes.
SECTION 4. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 5-604 of Title 2, unless there
is created a duplication in numbering, reads as f ollows:
This act shall not restrict or preempt the authority granted to
the State Department of Health and the Oklahoma Department of
Agriculture, Food, and Forestry by other law to inspect, regulate,
or ban food.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 5-605 of Title 2, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Department of Agriculture, Food, and Forestry shall
create a licensing pr ogram for meat processing plants that helps
support Oklahoma Department of Wildlife Conservation's "Hunters
Against Hunger" program, by allowing the processors to process wild
game. This license shall be for meat processors already licensed
and/or inspected by the Oklahoma Department of Agriculture, Food,
and Forestry for processing meat besides wild game. Facilities that
receive the special licenses can participate in Oklahoma Department
of Wildlife Conservation's "Hunters Against Hunger" program and
donate the processed wild g ame meat for payment by the Oklahoma
Department of Wildlife Conservation according to its rules. The
Oklahoma Department of Agriculture, Forestry, and Food shall create
the special license through the administrative rules process. This
license shall not be required of meat processors who only process
wild game and are already eligible to participate in the "Hunters
Against Hunger" program.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-606 of Title 2 of the Oklahoma
Statutes, unless there is created a duplication in numbering, reads
as follows: ENR. H. B. NO. 4060 Page 5
A. The State Department of Health and the Oklahoma Department
of Agriculture, Food, and Forestry shall:
1. Review any such regulations that have an effect on limiting
the use of donated or gleaned food, with the goal of eliminating
unnecessary regulations and increasing the supply o f usable donated
or gleaned food while protecting public health; and
2. Submit their review of such regulations no later than
November 1, 2024, in a report to the Governor, the Speaker of the
Oklahoma House of Representatives, and the Speaker Pro Tempore of
the Oklahoma State Senate.
SECTION 7. AMENDATORY 76 O.S. 2021, Section 5.6, is
amended to read as follows:
A. Any donor who makes a good-faith donation of food which is
at the time of donation fit for human consumption to a charitable
organization or nonprofit corporation shall not be liable for
damages in any civil suit or subject to criminal prosecution for any
injury resulting from the nature, age, condition or packaging of the
donated food, unless the injury or death is a direct resul t of the
gross negligence, recklessness, or intentional misconduct of the
donor.
B. Information shall be posted with the State Department of
Health on its website under the existing heading "Protective Health"
within a new section labeled "Options for Safe Food Donation" with
hyperlinks to Section 5.6 of Title 76 of the Oklah oma Statutes,
Section 5-601 et seq. of Title 2 of the Oklahoma Statutes, Oklahoma
Administration Code Title 310: Chapter 257, 42 U.S.C., Section 1791,
and to the website of Oklahoma State Unive rsity's Robert S. Kerr
Food and Agriculture Products Center. The State Department of
Health shall also have hyperlinks to the Oklahoma Department of
Wildlife Conservation's "Hunters Against Hunger" webpage, and the
special licensing page created by the Oklahoma Department of
Agriculture, Food, and Forestry. The Oklahoma Department of
Agriculture, Food, and Forestry shall also post on its website in a
new section labeled "Options for Safe Food Donation" with hyperlinks
to Section 5.6 of Title 76 o f the Oklahoma Statutes, Section 5-601
et seq. of Title 2 of the Oklahoma Statutes, Oklahoma Administration
Code Title 310: Chapter 257, 42 U.S.C., Section 1791, to the website
of Oklahoma State University's Robert S. Kerr Food and Agriculture
Products Center, and the Oklahoma Department of Wildlife ENR. H. B. NO. 4060 Page 6
Conservation's "Hunters Against Hunger" webpage. Additionally, the
Oklahoma Department of Agriculture, Food, and Forestry shall have a
webpage on the special licensing.
C. This section shall apply to all good -faith donations of
perishable or nonperishable food which is no t readily marketable due
to appearance, freshness, grade or other conditions.
D. This section shall not restrict the authority of any
appropriate agency to regulate or ban the use of such food for human
consumption.
E. For purposes of this section:
1. "Donor" means any person, profit or nonprofit food
distributor, or person who harvests perishable foods who makes a
good-faith donation of food;
2. "Good-faith donation" means a gift conferred without
condition or consideration;
3. "Charitable organizatio n" means any benevolent,
philanthropic, patriotic, eleemosynary, educational, social, civic,
recreational or religious group or associ ation or any other person
performing or purporting to perfo rm acts beneficial to the public;
4. "Nonprofit corporation " means a corporation formed for a
purpose not involving pecuniary gain to its shareholders or members,
paying no dividends or other pecu niary remuneration, directly or
indirectly, to its sharehol ders or members as such, and having no
capital stock; and
5. "Food" includes any packaged, prepared, perishable or
nonperishable food item.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-415A of Title 29, unless there
is created a duplication in nu mbering, reads as follows :
The Oklahoma Department of Wildlife C onservation shall post on
its "Hunters Against Hunger" webpage a link to the webpage from the
Oklahoma Department of A griculture, Food, and Forestry on the
special license available for licensed meat processors.
SECTION 9. This act shall beco me effective September 15, 2024. ENR. H. B. NO. 4060 Page 7
Passed the House of Representative s the 4th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 24th day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
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: _________________________________