Bill Text: IN HB1519 | 2013 | Regular Session | Enrolled


Bill Title: Donations of agricultural products and livestock.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-05-13 - Public Law 155 [HB1519 Detail]

Download: Indiana-2013-HB1519-Enrolled.html


First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    HOUSE ENROLLED ACT No. 1519



     AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-6-2-8; (13)HE1519.1.1. -->
    SECTION 1. IC 34-6-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. "Agricultural product", for purposes of IC 34-30-3 and IC 34-30-5, means a natural product of a farm, a nursery, a grove, an orchard, a vineyard, a garden, or an apiary. The term includes trees and firewood.
SOURCE: IC 34-6-2-74.1; (13)HE1519.1.2. -->     SECTION 2. IC 34-6-2-74.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 74.1. "Livestock" for purposes of IC 34-30-5, has the meaning set forth in IC 15-19-5-3.
SOURCE: IC 34-30-5-1; (13)HE1519.1.3. -->     SECTION 3. IC 34-30-5-1, AS AMENDED BY P.L.42-2011, SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as provided in subsection (b), a person who in good faith makes a gift of a food item, an agricultural product, or livestock to a charitable entity is not liable for civil damages arising from the use, condition, quality, or content of that food item, agricultural product, or livestock, unless the damages are the result of that person's intentional, knowing, or reckless misconduct (in accordance with the definitions of intentionally, knowingly, and recklessly set out in IC 35-41-2-2(a) through IC 35-41-2-2(c)).
     (b) This section does not apply to a person who makes a gift of a food item to a charitable entity if the use, condition, or quality of the food item results in damages from the person's intentional,

knowing, or reckless violation of a food safety law under IC 15-17-5, IC 15-18-1, or IC 16-42 (in accordance with the definitions of intentionally, knowingly, and recklessly set out in IC 35-41-2-2(a) through IC 35-41-2-2(c)).

SOURCE: IC 34-30-5-2; (13)HE1519.1.4. -->     SECTION 4. IC 34-30-5-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A charitable entity that in good faith receives a gift of a food item, an agricultural product, or livestock is not liable for civil damages arising from the use, condition, quality, or content of that food item, agricultural product, or livestock, unless the damages are the result of that entity's intentional, knowing, or reckless misconduct (in accordance with the definitions of intentionally, knowingly, and recklessly set out in IC 35-41-2-2(a) through IC 35-41-2-2(c)).


HEA 1519 _ Concur

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