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               ENGROSSED SUBSTITUTE HOUSE BILL 2325

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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, to ensure that persons preparing food for and participating in community potluck meals are included within this authorization, 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) Except as expressly prohibited by rule of the state board of health, a donor may donate food in either raw, cooked, processed, or prepared edible form, free of charge, to a distributing organization, including charitable nonprofit organizations, or to the public, for the purpose of serving needy people if the donor and recipient organization comply with health and safety guidelines developed by the state board of health.

    (2) If a local board of health adopts a rule concerning charitable food donation more stringent than the state board of health food rule, the local board of health shall first provide notice to the public and written notice to cities, towns, and counties within its jurisdiction prior to the public hearing to consider the rule.  The local board of health shall also provide notice to known charitable organizations.

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

    (4) The health and safety guidelines promulgated for food shall address potlucks where the public is invited.

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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