S-1839.4                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 5326

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senate Committee on Labor & Commerce (originally sponsored by Senators Pelz, von Reichbauer, Moore and Winsley)

Read first time 03/03/93.

Establishing penalties for breaking food product delivery guarantees.

          AN ACT Relating to food products requiring insurance or proof of financial responsibility; adding a new chapter to Title 69 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.  "Food products delivery guarantee" means an advertised policy guaranteeing or warranting the time of delivery for the retail sale of a prepared food product or service.

NEW SECTION. Sec. 2.  A person may bring a civil action for injuries or damages proximately caused by the conduct of a person attempting to meet the terms of a food products delivery guarantee.  Damages may include nominal and compensatory damages.  Costs and attorneys' fees shall be awarded by the court to a prevailing party.  The relief provided in this section is in addition to remedies otherwise provided by law.

NEW SECTION. Sec. 3.  When a court finds that a person made a food products delivery guarantee and that the attempt to meet its terms proximately resulted in injury or damage to another or another's property, the attorney general of the state of Washington may petition the court on behalf of the state for a civil penalty of five thousand dollars for each occurrence of injury or damage.

NEW SECTION. Sec. 4.  All retail prepared food delivery businesses shall have public liability insurance for nonowned motor vehicles used by employees for delivery purposes.  The insurance may provide that its coverage is excess to any personal automobile liability policy that provides coverage for the employee's use of the vehicle for delivery purposes.  In the event of a claim under the personal policy for liability arising from the delivery use, the business shall reimburse the employee for any applicable deductibles associated with the claim under the personal policy.  The minimum coverage shall be two hundred fifty thousand dollars for injury or damage to property per occurrence and two hundred fifty thousand dollars for injury or damage, including death, to any one person and five hundred twenty-five thousand dollars for injury or damage, including death, to more than one person.

NEW SECTION. Sec. 5.  This chapter may be known and cited as the Food Products Delivery Guarantee Act.

NEW SECTION. Sec. 6.  Sections 1 through 5 of this act shall constitute a new chapter in Title 69 RCW.

                                                           --- END ---