Bill Text: OR HB4068 | 2012 | Regular Session | Enrolled
Bill Title: Relating to food banks; and declaring an emergency.
Sponsorship: Bipartisan Bill
Status: (Passed) 2012-02-27 - Chapter 5, (2012 Laws): Effective date February 27, 2012. [HB4068 Detail]
Download: Oregon-2012-HB4068-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4068
Sponsored by Representative BOONE, Senator THOMSEN;
Representatives BENTZ, CAMERON, COWAN, KENY-GUYER, MCLANE,
PARRISH, ROBLAN, WITT, Senators DINGFELDER, JOHNSON, KRUSE,
OLSEN, PROZANSKI, ROSENBAUM, VERGER, WHITSETT (Presession
filed.)
CHAPTER ................
AN ACT
Relating to food banks; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 616.205 to 616.385. + }
SECTION 2. { + (1) As used in this section:
(a) 'Bycatch' means commercially caught fish of a species that
was not targeted for harvesting.
(b) '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 meeting
nutritional needs.
(c) 'Hold fish' means egg-bearing fish harvested as part of a
species conservation, rehabilitation or enhancement program.
(d) 'Reclaimed fish' means bycatch, hold fish or seized fish
that a federal or state agency, or other persons acting pursuant
to federal or state law, provides to a food bank.
(e) 'Seized fish' means illegally caught fish confiscated by a
federal or state agency.
(2) Notwithstanding ORS 616.210, if a food bank supplies
reclaimed fish to a food establishment, payment by another food
bank of all or part of the cost of the food establishment
services does not cause the manufacturing, production,
processing, packing, possession and holding of the reclaimed fish
by the food establishment to be for purposes of sale or other
commerce if:
(a) The food establishment wraps or packages the reclaimed fish
in a manner not designed for retail sale; and
(b) Except as provided in subsection (5) of this section, the
food establishment supplies the wrapped or packaged reclaimed
fish only to food banks.
(3) Notwithstanding ORS 616.210, if a food bank supplies
reclaimed fish to a food establishment, payment to the supplying
food bank or the food establishment by another food bank of all
or part of the cost of the food establishment services is not a
sale or purchase of the reclaimed fish if:
(a) The food bank that supplied the reclaimed fish and each
nonsupplying food bank that paid all or part of the cost of the
Enrolled House Bill 4068 (HB 4068-A) Page 1
food establishment services receives a share of the processed
reclaimed fish as mutually determined by the food banks; and
(b) All food banks receiving a share of the processed reclaimed
fish repackage, use or distribute the reclaimed fish only:
(A) For food bank purposes; and
(B) Without charge to the recipient.
(4) Payment by a food bank of all or part of the cost to
process reclaimed fish may qualify under subsections (2) and (3)
of this section regardless of whether the payment of costs occurs
before, during or after the provision of processed reclaimed fish
to the paying food bank.
(5)(a) A processing agreement between a food establishment and
a food bank may provide for the food establishment to retain a
mutually determined portion of reclaimed fish or to retain the
byproducts of reclaimed fish. Notwithstanding ORS 616.210 and
except as provided in paragraph (d) of this subsection, food
establishment retention of a portion of or of byproducts of
reclaimed fish supplied by a food bank is not a sale, dispensing
or giving of food by the food bank to the food establishment.
(b) Notwithstanding ORS 616.210 and except as provided in
paragraph (d) of this subsection, the provision of processed
reclaimed fish to a food bank by a food establishment retaining a
portion of or byproducts of the reclaimed fish is not a sale,
dispensing or giving of food by the food establishment to the
food bank.
(c) Food establishment retention of a portion of or byproducts
of reclaimed fish under this subsection may include, but need not
be limited to, retention for the purpose of offsetting all or
part of the cost of food establishment services.
(d) This subsection does not apply to any retention of a
portion of or byproducts of reclaimed fish that is contrary to
federal law, or to federal or state agency restrictions or
prohibitions, regarding the disposition of reclaimed fish or the
byproducts of reclaimed fish.
(e) Any portion of or byproducts of reclaimed fish retained by
a food establishment are subject to ORS 616.205 to 616.385.
(6) The distribution of reclaimed fish in this state by a food
bank for food bank purposes without charge to the recipient is
not distribution in commerce for purposes of ORS 616.215 (4).
(7)(a) Except as provided in paragraph (c) of this subsection,
processed reclaimed fish that a food establishment supplies to a
food bank under this section is exempt from labeling requirements
under ORS 616.205 to 616.385. The exemption granted under this
paragraph is conditioned upon the reclaimed fish not being
adulterated as described in ORS 616.205 to 616.385 at the time
the food bank takes possession of the reclaimed fish from the
food establishment.
(b) Except as provided in paragraph (c) of this subsection,
processed reclaimed fish that a food bank uses or distributes for
food bank purposes without charge to the recipient, including but
not limited to reclaimed fish that is repackaged or relabeled by
the food bank prior to use or distribution, is exempt from
labeling requirements under ORS 616.205 to 616.385. The exemption
granted under this paragraph is conditioned upon the reclaimed
fish not being adulterated as described in ORS 616.205 to 616.385
at the time the food bank uses or distributes the reclaimed fish.
(c) Processed reclaimed fish described in paragraphs (a) and
(b) of this subsection is not exempt from any labeling
requirement under ORS 616.205 to 616.385 regarding:
(A) The name and address of the food establishment;
Enrolled House Bill 4068 (HB 4068-A) Page 2
(B) The common or usual name of the product;
(C) Ingredients;
(D) Manufacturing date or lot number; or
(E) Instructions for preservation, storage or other food safety
measures. + }
SECTION 3. { + Section 2 of this 2012 Act applies to reclaimed
fish that a food bank supplies to a food establishment on or
after the effective date of this 2012 Act. + }
SECTION 4. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by House February 13, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate February 20, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4068 (HB 4068-A) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4068 (HB 4068-A) Page 4
