Bill Text: NH HB1285 | 2016 | Regular Session | Chaptered

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Bill Title: Relative to the donation of food that has passed its expiration date.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2016-05-04 - Signed by Governor Hassan 05/03/2016; Chapter 38; Eff. 7/2/2016 [HB1285 Detail]

Download: New_Hampshire-2016-HB1285-Chaptered.html

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CHAPTER 38

HB 1285 - FINAL VERSION

9Mar2016... 0091h

2016 SESSION

16-2293

08/04

 

HOUSE BILL 1285

 

AN ACT relative to the donation of food that has passed its expiration date.

 

SPONSORS: Rep. D. McGuire, Merr. 21; Rep. Rouillard, Hills. 6

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill exempts persons donating and nonprofits distributing food that has passed its expiration date from liability from injury arising from such donations.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2016... 0091h 16-2293

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT relative to the donation of food that has passed its expiration date.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

38:1  Donors and Distributors of Food; Liability.  Amend RSA 508:15, I(b) to read as follows:

(b)  "Food'' means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption or for feeding of  animals.  "Food'' also means food items open-dated for which the date has passed.

38:2  Donors and Distribution of Food; Liability Limited.  Amend RSA 508:15, II to read as follows:

II.  The good faith donor of any food to a needy individual or individuals or to a bona fide charitable or non-profit organization for distribution or serving by such organization without charge or at a charge sufficient only to cover the cost of handling and administering such food and the distribution thereof, or to a person for uses such as animal feed or composting, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of the donor; provided, however, that at the time of donation such food is not knowingly misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable rules of the department of health and human services, or unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor.

38:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 3, 2016

Effective Date: July 2, 2016