BILL NUMBER: SB 1443	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2008

INTRODUCED BY   Senator Oropeza

                        FEBRUARY 21, 2008

   An act to amend Section 1714.25 of, and to add Section 1714.26 to,
the Civil Code, relating to food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1443, as amended, Oropeza. Food facilities: donated food.
   Existing law, with specified exceptions, exempts a food facility
that donates any food that is fit for human consumption at the time
it was donated to a nonprofit charitable organization or a food bank
from liability for any damage or injury resulting from the
consumption of the donated food.
   This bill would make a technical, nonsubstantive change to this
provision.
   This bill would also require every written contract entered into
by a retail food facility  , as described,  to prepare or
serve food for immediate human consumption to include language that
provides the purchaser of the food with the option of authorizing the
food facility to donate any leftover food, as defined, to a
nonprofit food bank or to provide all leftover food to the purchaser.
 It would also establish immunity from liability for damages or
injury from the consumption of leftover food provided to the
purchaser, except as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1714.25 of the Civil Code is amended to read:
   1714.25.  (a) Except for injury resulting from negligence or a
willful act in the preparation or handling of donated food, no food
facility that donates any food that is fit for human consumption at
the time it was donated to a nonprofit charitable organization or a
food bank shall be liable for any damage or injury resulting from the
consumption of the donated food.
   The immunity from civil liability provided by this subdivision
applies regardless of compliance with any laws, regulations, or
ordinances regulating the packaging or labeling of food, and
regardless of compliance with any laws, regulations, or ordinances
regulating the storage or handling of the food by the donee after the
donation of the food.
   (b) A nonprofit charitable organization or a food bank that, in
good faith, receives and distributes food without charge that is fit
for human consumption at the time it was distributed is not liable
for an injury or death due to the food unless the injury or death is
a direct result of the negligence, recklessness, or intentional
misconduct of the organization.
   (c) For the purposes of this section:
   (1) "Nonprofit charitable organization" has the meaning defined in
Section 113841 of the Health and Safety Code.
   (2) "Food bank" has the meaning defined in Section 113783 of the
Health and Safety Code.
  SEC. 2.  Section 1714.26 is added to the Civil Code, to read:
   1714.26.   (a)    Every written contract entered
into by a retail food  facility, as defined in Sections
113789 and 113895 of the Health   facility described in
paragraph (1) of subdivision (a) of Section 113789 of the Health
 and Safety Code, to prepare, provide, or serve food for
immediate human consumption shall include language that provides the
purchaser of the food with the option of authorizing the food
facility to donate any leftover food to a nonprofit food bank, as
defined in Section 113783 of the Health and Safety Code, or to
provide all leftover food to the purchaser.  For 

   (b) Except for injury resulting from negligence or a willful act
in the preparation or handling of leftover food, no food facility
that provides leftover food to a purchaser pursuant to subdivision
(a) shall be liable for any damage or injury resulting from the
consumption of the leftover food. 
    (c)     For  purposes of this section,
"leftover food" means food purchased pursuant to a written contract
with a food facility but not provided or served on behalf of the
purchaser for immediate human consumption, but is otherwise fit for
human consumption.