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SENATE FLOOR VERSION
February 12, 2024
SENATE BILL NO. 1615 By: Green of the Senate
and
Wallace of the House
An Act relating to torts; amending 76 O.S. 2021,
Section 5.6, which relates to food donations;
authorizing donation to certain entiti es; adding and
modifying definition s; updating statutory language;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 76 O.S. 2021, Section 5.6, is
amended to read as follows:
Section 5.6. 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 , or correctional
center shall not be liable for damages in any ci vil 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 result of the gross neglige nce, recklessness,
or intentional misconduct of the donor.
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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 Donati on” “Safe
Food Donation” with hyperlinks to Section 5.6 of Titl e 76 of the
Oklahoma Statutes, Oklahoma Administration Administrative Code Title
310: Chapter 257, 42 U.S.C., Section 1791, and to the website of
Oklahoma State University ’s Robert S. M. Kerr Food and Agriculture
Agricultural Products Center.
C. This section shall apply to all good-faith donations of
perishable or nonperishable food which is not readily marketable due
to appearance, freshness, grade , or other conditions.
D. This section shall not restrict the authori ty 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 organization ” means any benevolent,
philanthropic, patriotic, eleem osynary, educational, social, civic,
recreational, or religious group or association or any other person
performing or purporting to perform acts beneficial to the public;
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2. “Correctional center” means any facility housing offenders
in the custody of the Department of Corrections ;
3. “Donor” means any person, profit or nonprof it food
distributor, or person who harvests perishable foods who makes a
good-faith donation of food;
4. “Nonprofit corporation ” means a corporation formed for a
purpose not involving pecuniary gain to its shareholders or members,
paying no dividends or other pecuniary remuneration, dire ctly or
indirectly, to its shareholders or members as such, and having no
capital stock; and
5. “Food” includes any packaged, prepared, perishable , or
nonperishable food item , and wild game;
5. “Good-faith donation” means a gift conferred without
condition or consideration; and
6. “Nonprofit corporation ” means a corporation formed for a
purpose not involving pecuniary gain to its shareholders or members,
paying no dividends or other pecuniary remuneration, directly or
indirectly, to its shareholders or m embers as such, and having no
capital stock.
SECTION 2. This act shall become effe ctive November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS
February 12, 2024 - DO PASS