S-1873               _______________________________________________

                                                   SENATE BILL NO. 6050

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Talmadge

Read first time 2/24/89 and referred to Committee on  Law & Justice.

AN ACT Relating to food donation and distribution; and amending RCW 69.80.020 and 69.80.030.

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

        Sec. 1.  Section 2, chapter 241, Laws of 1983 and RCW 69.80.020 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Distributing organization" means a charitable nonprofit organization under section 501(c) of the federal internal revenue code which distributes food free of charge and includes any nonprofit organization that distributes food free of charge to other nonprofit organizations or to the public.

          (2) "Donor" means a person, corporation, association, or other organization which donates food to a distributing organization.  "Donor" includes, but is not limited to, farmers, processors, distributors, wholesalers, restaurants, and retailers of food.  "Donor" also includes persons who harvest agricultural crops or perishable foods which have been donated by the owner to a distributing organization.

          (3) "Food" means food products for human consumption as defined in RCW 69.04.008.

(4) "Food bank" means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purpose of reducing hunger and nutritional needs.

        Sec. 2.  Section 3, chapter 241, Laws of 1983 and RCW 69.80.030 are each amended to read as follows:

          ((Donors and distributing organizations are not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, including any liability under chapter 15.32 or 69.04 RCW, unless the donor or distributing organization acts with gross negligence or intentional misconduct.))

(1) Except for injury resulting from negligence or a willful act in the preparation or handling of donated food, no donor that donates any food that is fit for human consumption at the time is 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 subsection 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.

(2) A distributing 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.

(3) The immunities provided in subsections (1) and (2) of this section are in addition to any other immunities provided by law.