An Act amending the act of July 10, 1981 (P.L.234, No.76), known as the Donated Food Limited Liability Act, further providing for donor immunity.
Summary
HB615 amends Pennsylvania’s Donated Food Limited Liability Act to expand and clarify the state’s food-donor liability protections. The bill preserves immunity for people who donate food in good faith for free distribution to needy individuals, so long as the donor reasonably inspects the food at the time of donation and finds it fit for human consumption. It also makes clear that the protection applies to food that is not readily marketable because of factors such as appearance, age, freshness, grade, surplus, or manufacturer date code, as long as the food is still fit to eat.
The bill also specifies limits on that immunity. Donors remain liable if harm results from negligence, recklessness, or intentional misconduct, or if they knew or should have known the food was tainted, contaminated, or otherwise harmful. The measure does not restrict the authority of state or local agencies to regulate or ban food for human consumption, so existing public health and food safety oversight remains intact.
Impact
HB615 updates the state statute governing donated food liability by broadening the categories of food covered by donor immunity and by clarifying the conditions under which immunity applies. It affects individuals, businesses, farms, retailers, food banks, and charitable or religious organizations involved in food donation, while preserving the role of health and regulatory agencies in enforcing food safety standards. The bill takes effect immediately upon enactment.
Sentiment
The bill appears to have received strong bipartisan support and little visible opposition. It advanced unanimously through House and Senate committee votes and passed both chambers on final passage without any recorded nays. The vote pattern suggests broad agreement that the measure supports food donation and reduces legal barriers to getting usable food to needy recipients.
Contention
No major contention is evident in the available record. The main policy balance in the bill is between encouraging food donations by expanding liability protection and preserving accountability for negligent or knowingly unsafe donations. Any potential concerns would likely center on whether the expanded immunity could reduce incentives for careful food handling, but the bill explicitly retains liability for negligence, recklessness, intentional misconduct, and known contamination.
A bill for an act limiting liability for food distributors who donate food to charitable or nonprofit organizations or certain government entities.(Formerly SF 359.)