H-4012.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2325

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By House Committee on Agriculture & Ecology (originally sponsored by Representatives Wood, Schoesler, Gombosky, Kessler, Linville, Kagi and Esser)

Read first time 02/01/2002.  Referred to Committee on .

Providing for donation and distribution of food.

    AN ACT Relating to donated food; adding a new section to chapter 69.80 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1.  The legislature finds and declares that the distribution of food by donors to charitable organizations, such as shelters, churches, and fraternal organizations, serving communal meals to needy individuals can be done safely consistent with recommended health and safety guidelines.  The establishment of recommended guidelines by the state board of health can educate the public about the preparation and handling of food donated to charities for distribution to homeless and other needy people.  A federal study found that of three hundred fifty-six billion pounds of foodstuffs available for consumption each year in America, at least ninety-six billion pounds are squandered.  The purpose of this act is to authorize and facilitate the donation of food to needy persons in accordance with safety and health guidelines to assure that the donated food will not place needy recipients at risk and to encourage charitable organizations, businesses, and individuals to donate surplus food to charities serving our state's needy population.

NEW SECTION. Sec. 2.  A new section is added to chapter 69.80 RCW to read as follows:

    (1) A donor may donate food in either raw, cooked, processed, or prepared edible form to a distributing organization, including charitable nonprofit organizations, or to the public, for the purpose of serving needy persons if authorized by rule of the local board of health pursuant to RCW 70.05.060(3).  For this provision to apply, the rule of the local board of health must be ratified, in consultation with the local board of health, by the legislative authority of each county, city, and town represented on the local board of health.  This provision does not apply to donations expressly prohibited by rule of the state board of health.

    (2) The state board of health shall promulgate recommended health and safety guidelines for the donation, preparation, and distribution of free food for the purposes of this chapter.

    (3) In addition to the definition in this chapter, "donor," for the purposes of this section, includes persons preparing food for and participating in community potluck meals.

NEW SECTION. Sec. 3.  This act takes effect January 1, 2003; except that the promulgation by the state board of health of rules and recommended guidelines for the health and safety for the donation, preparation, and distribution of food is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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