ADOPTED 3/4/04

6601-S AMH FLAN TANG 047

SSB 6601 - H AMD TO JUDI COMM AMD (6601-S AMH JUDI SHIR 007)

By Representative Flannigan

   On page 1, beginning on line 3 of the amendment, strike all material through "act." on line 20 and insert the following:

   ""NEW SECTION. Sec. 1. A new section is added to chapter 7.72 RCW to read as follows:

   (1) Any manufacturer, packer, distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended for human consumption, or an association of one or more such entities, shall not be subject to civil liability in an action brought by a private party based on an individual's purchase or consumption of food or nonalcoholic beverages in cases where liability is premised upon the individual's weight gain, obesity, or a health condition associated with the individual's weight gain or obesity and resulting from the individual's long-term purchase or consumption of a food or nonalcoholic beverage.

   (2) For the purposes of this section, the term "long-term consumption" means the cumulative effect of the consumption of food or nonalcoholic beverages, and not the effect of a single instance of consumption.

   NEW SECTION. Sec. 2. This act may be cited as the commonsense consumption act."

EFFECT: Provides that the immunity applies to actions by a private party, instead of actions for personal injury or wrongful death; Precludes actions based on the long-term purchase of food or nonalcoholic beverages (in addition to long-term consumption).