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Senate
File
359
-
Introduced
SENATE
FILE
359
BY
DICKEY
A
BILL
FOR
An
Act
limiting
liability
for
food
dealers
and
owners
of
1
commercial
vehicles
who
donate
food
to
an
Iowa
food
bank
2
association.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
190B.301
Definitions.
1
As
used
in
this
subchapter,
unless
the
context
otherwise
2
requires:
3
1.
“Commercial
vehicle”
means
the
same
as
defined
in
section
4
321.1.
5
2.
a.
“Evidently
safe
food”
means
food
prepared
and
6
distributed
by
a
food
dealer
that
a
reasonable
person
would
7
consider
safe
to
consume
after
considering
all
relevant
8
information
regarding
why
the
food
could
be
considered
unfit
9
or
unmarketable
for
retail
sale
due
to
a
failure
to
comply
10
with
health
and
safety
requirements
described
in
any
of
the
11
following:
12
(1)
The
health
and
safety
labeling
of
a
package
or
container
13
holding
the
food.
14
(2)
The
health
and
safety
laws
of
this
state
or
a
local
15
government,
including
a
city
or
county.
16
b.
“Evidently
safe
food”
does
not
include
food
that
is
any
17
of
the
following:
18
(1)
Subject
to
regulation
under
chapter
123.
19
(2)
Subject
to
a
government-issued
stop
order,
or
a
20
court-issued
order
of
injunctive
relief,
that
prohibits
the
21
preparation,
distribution,
or
transportation
of
the
food.
22
3.
“Food”
means
the
same
as
defined
in
section
137F.1.
23
4.
“Food
dealer”
means
any
of
the
following:
24
a.
A
food
establishment
or
food
processing
plant
required
to
25
operate
pursuant
to
a
license
issued
under
137F.4.
26
b.
An
establishment
required
to
operate
pursuant
to
a
27
license
issued
under
section
189A.3.
28
c.
A
milk
plant
required
to
operate
pursuant
to
a
permit
29
issued
under
section
192.111
or
194.3A.
30
5.
“Iowa
food
bank
association”
means
the
same
as
defined
in
31
section
190B.201.
32
Sec.
2.
NEW
SECTION
.
190B.302
Food
dealers.
33
1.
Except
as
provided
in
subsection
2,
a
food
dealer
is
34
not
liable
for
any
act
or
omission
causing
injury,
loss,
or
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death
by
the
human
consumption
of
evidently
safe
food,
if
1
the
evidently
safe
food
was
donated
by
the
food
dealer
to
an
2
Iowa
food
bank
association,
and
the
food
dealer
had
no
actual
3
knowledge
that
the
food
would
likely
cause
injury,
loss,
or
4
death
if
consumed
in
a
normal
manner.
5
2.
Subsection
1
does
not
apply
to
evidently
safe
food
that
6
is
any
of
the
following:
7
a.
(1)
Prepared
or
distributed
to
an
Iowa
food
bank
8
association
by
a
food
dealer
not
operating
pursuant
to
a
9
license
required
to
be
issued
under
section
137F.4,
a
license
10
required
to
be
issued
under
section
189A.3,
or
a
permit
11
required
to
be
issued
under
section
192.111
or
194.3A.
12
(2)
Prepared
or
distributed
to
an
Iowa
food
bank
association
13
by
a
food
dealer
whose
license
or
permit
described
in
14
subparagraph
(1)
has
been
suspended.
15
b.
Prepared
or
distributed
to
an
Iowa
food
bank
association
16
by
a
food
dealer
in
a
manner
that
does
not
meet
required
17
time
and
temperature
controls
for
safety
to
limit
pathogenic
18
microorganism
growth
or
toxin
formation.
19
c.
Declared
to
be
unsafe
for
human
consumption
by
the
food
20
dealer.
21
d.
Intentionally
falsely
advertised
to
an
Iowa
food
bank
22
association
by
the
food
dealer.
23
Sec.
3.
NEW
SECTION
.
190B.303
Owners
of
commercial
24
vehicles.
25
1.
Except
as
provided
in
subsection
2,
the
owner
of
a
26
commercial
vehicle
is
not
liable
for
any
act
or
omission
27
causing
injury,
loss,
or
death
by
the
human
consumption
of
28
evidently
safe
food,
if
the
costs
of
transporting
the
evidently
29
safe
food
was
donated
by
the
owner
of
the
commercial
vehicle
to
30
an
Iowa
food
bank
association,
and
the
owner
of
the
commercial
31
vehicle
had
no
actual
knowledge
that
the
food
would
likely
32
cause
injury,
loss,
or
death
if
consumed
in
a
normal
manner.
33
2.
Subsection
1
does
not
apply
to
evidently
safe
food
that
34
is
any
of
the
following:
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a.
(1)
Transported
to
an
Iowa
food
bank
association
by
the
1
owner
of
a
commercial
vehicle
not
operating
pursuant
to
the
2
applicable
license
required
to
be
issued
pursuant
to
chapter
3
321.
4
(2)
Transported
to
an
Iowa
food
bank
association
by
the
5
owner
of
a
commercial
vehicle
operating
pursuant
to
a
suspended
6
license
issued
pursuant
to
chapter
321.
7
b.
Transported
to
an
Iowa
food
bank
association
by
a
8
commercial
vehicle
owner
in
a
manner
that
does
not
meet
9
required
time
and
temperature
controls
for
safety
to
limit
10
pathogenic
microorganism
growth
or
toxin
formation.
11
c.
Declared
unsafe
for
human
consumption
by
the
owner
of
the
12
commercial
vehicle.
13
d.
Intentionally
falsely
advertised
to
the
Iowa
food
bank
14
association
by
the
owner
of
the
commercial
vehicle.
15
Sec.
4.
DIRECTIONS
TO
CODE
EDITOR.
The
Code
editor
is
16
directed
to
arrange
the
following
into
a
new
subchapter
in
17
chapter
190B:
18
Sections
190B.301
through
190B.303.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
GENERAL.
Code
chapter
190B
currently
consists
of
two
23
subchapters;
subchapter
I
provides
for
the
farm
to
food
24
donation
tax
credit
and
subchapter
II
provides
for
the
Iowa
25
emergency
food
purchase
program.
This
bill
creates
a
new
26
subchapter
shielding
a
food
dealer
or
the
owner
of
a
commercial
27
vehicle
from
civil
liability
when
donating
food
to
an
Iowa
food
28
bank
association
(IFBA).
29
SHIELD
FROM
CIVIL
LIABILITY.
The
shield
from
civil
30
liability
applies
to
a
food
dealer
when
preparing
or
31
distributing
the
food
under
the
regulatory
authority
of
the
32
department
of
inspections,
appeals,
and
licensing
(DIAL),
or
33
the
department
of
agriculture
and
land
stewardship
(DALS).
34
The
shield
also
applies
to
the
owner
of
a
commercial
vehicle
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359
when
transporting
such
food.
However,
the
shield
only
applies
1
under
certain
circumstances.
The
food
dealer
or
owner
must
2
not
have
had
actual
knowledge
that
the
food
would
likely
cause
3
harm
to
an
individual
consuming
the
food
in
a
normal
manner.
4
The
shield
only
applies
to
a
food
dealer
or
to
an
owner
of
5
a
commercial
vehicle
operating
under
a
valid
license.
In
6
addition,
the
food
dealer
or
commercial
vehicle
owner
must
7
comply
with
required
time
and
temperature
controls
for
safety
8
to
limit
pathogenic
microorganism
growth
or
toxin
formation.
9
The
food
dealer
or
owner
cannot
have
declared
the
evidently
10
safe
food
to
be
unsafe,
or
intentionally
falsely
advertised
the
11
evidently
safe
food
to
the
IFBA.
12
EVIDENTLY
SAFE
FOOD.
Evidently
safe
food
is
defined
as
13
food
that
a
reasonable
person
would
consider
to
be
safe
to
14
consume,
if
such
person
had
all
information
regarding
why
the
15
food
could
be
considered
unfit
or
unmarketable
for
retail
sale
16
due
to
a
failure
to
comply
with
health
and
safety
requirements.
17
Evidently
safe
food
does
not
include
food
that
is
regulated
18
as
alcohol,
or
subject
to
a
government-issued
stop
order
or
19
court-issued
injunction.
20
FOOD
DEALER,
OWNER,
AND
IFBA.
A
food
dealer
refers
to
a
food
21
establishment
or
food
processing
plant
regulated
(licensed)
by
22
DIAL
under
Code
chapter
137F.
A
food
establishment
includes
23
an
operation
that
stores,
prepares,
packages,
serves,
vends,
24
or
otherwise
provides
food
for
human
consumption
(Code
section
25
137F.1).
A
food
processing
plant
is
a
commercial
operation
26
that
manufactures,
packages,
labels,
or
stores
food
for
human
27
consumption
but
does
not
provide
food
directly
to
a
consumer
28
(Code
section
137F.1).
A
food
dealer
also
includes
a
meat
29
and
poultry
slaughter
and
processing
establishment
regulated
30
(licensed)
by
DALS
(Code
section
189A.3),
and
a
milk
plant
31
also
regulated
(permitted)
by
DALS
(Code
sections
192.111
and
32
194.3A).
An
owner
refers
to
the
owner
of
a
commercial
vehicle
33
required
to
be
regulated
(licensed)
by
the
state
department
of
34
transportation
under
Code
chapter
321.
A
commercial
vehicle
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is
a
motor
vehicle
that
has
a
gross
weight
of
10,001
or
more
1
pounds
(Code
section
321.1),
among
other
things.
IFBA
refers
2
to
a
nonprofit
organization
formed
under
Iowa
law,
exempt
from
3
federal
income
taxation,
whose
members
include
food
banks,
or
4
affiliations
of
food
banks,
that
together
serve
all
counties
in
5
this
state,
and
whose
principal
office
is
located
in
this
state
6
(Code
section
190B.201).
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