AN ACT relating to the donation of food.

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AN ACT relating to the donation of food. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 217.127 is amended to read as follows: 3
(1) The secretary shall adopt regulations for the effective administration and 4
enforcement of KRS 217.005 to 217.215. 5
(2) The secretary shall adopt a state retail food code which shall include , among other 6
things, provisions for regulating the issuance, suspension, and revocation of permits 7
to operate; submission of plans for construction and equipment layout including 8
plumbing, lighting, ventilation, water supply, sewage disposal, and other fa cilities; 9
food supply source and protection; health, disease control and cleanliness of 10
personnel; design, construction, installation, and cleanliness of equipment and 11
utensils; toilet and hand-washing facilities; solid waste disposal and vermin control; 12
and any other matters deemed necessary to insure a safe and sanitary operation of a 13
retail food establishment. Standards for construction, plumbing, lighting, and 14
ventilation of fixed retail food establishments shall be effective only if they are 15
approved b y the Department of Housing, Buildings and Construction and are 16
included in the Uniform State Building Code, or if they conform to the State 17
Plumbing Code in the case of plumbing fixtures. Any review of plans for 18
construction, plumbing, lighting, and venti lation required before construction of a 19
fixed retail food establishment shall be conducted by the Department of Housing, 20
Buildings and Construction or authorized local building official pursuant to KRS 21
Chapter 198B. 22
(3) The donation of safe and apparently wholesome food by a retail food establishment 23
or any other entity regulated under subsections (1) and (2) of this section shall be 24
exempt from any further inspection or regulation if the donated food has been 25
inspected under subsections (1) and (2) of this section. 26
(4) (a) As used in this subsection, "charitable food donor" means: 27
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1. A nonprofit or religious organization that is recognized as tax exempt 1
under Section 501(c)(3) of the Internal Revenue Code; or 2
2. A home-based processor; 3
that produces food solely for the purpose of distributing the food for free at 4
a homeless shelter to individuals in need or for distribution to individuals 5
displaced due to a declared natural disaster. 6
(b) A charitable food donor shall be exempt from the licensing requirements of 7
KRS 217.005 to 217.215 and administrative regulations pertaining to the 8
State Plumbing Code promulgated under subsections (1) and (2) of this 9
section as long as: 10
1. The donation is safe and apparently wholesome food as defined in 11
KRS 411.240; and 12
2. The charitable food donor is in compliance with any other applicable 13
provisions of KRS 217.005 to 217.215 and administrative regulations 14
promulgated thereunder. 15
(c) This subsection shall not be construed to exempt any other entity, including 16
a retail food establishment or home -based microprocessor, from the 17
requirements of KRS 217.005 to 217.215 and the state retail food code 18
adopted under subsection (2) of this section regulating the production of 19
food for, or donation of food to, a homeless shelter or individuals displaced 20
due to a declared natural disaster. 21
Section 2. KRS 217.218 is amended to read as follows: 22
Nothing in this chapter shall be construed to prohibit or regulate the donation of safe and 23
apparently wholesome food by a retail food establishment , a nonprofit or religious 24
organization that is recognized as tax exempt under Section 501(c)(3) of the Internal 25
Revenue Code, or a home-based processor in accordance with Section 1 of this Act. 26
Section 3. KRS 411.241 is amended to read as follows: 27
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(1) (a) A person, gleaner, or paid or unpaid representative of a nonprofit organization 1
shall not be subject to any civil or criminal liability arising from the nature, 2
age, packaging, or condition of apparently wholesome food or an apparently 3
fit grocery product that th e person or gleaner donates in good faith to a 4
nonprofit organization for ultimate distribution to people, unless the acts 5
constitute intentional misconduct. 6
(b) The protection from liability created by this subsection extends to an 7
apparently wholesome fo od or apparently fit grocery product bearing a past -8
date expiration date, sell-by date, use-by date, or other date. 9
(2) (a) A nonprofit organization or paid or unpaid representative of a nonprofit 10
organization shall not be subject to any civil or criminal liability arising from 11
the nature, age, packaging, or condition of apparently wholesome food or an 12
apparently fit grocery product that the nonprofit organization received as a 13
donation in good faith from a person or gleaner for ultimate distribution to 14
people, unless the acts constitute intentional misconduct. 15
(b) The protection from liability created by this subsection extends to an 16
apparently wholesome food or apparently fit grocery product bearing a past -17
due expiration date, sell-by date, use-by date, or other date. 18
(3) A person who allows the collection or gleaning of donations on property owned or 19
occupied by the person, by gleaners or by paid or unpaid representatives of a 20
nonprofit organization for ultimate distribution to people, shall not be subject to 21
civil or criminal liability that arises due to the injury or death of the gleaner or 22
representative unless the acts constitute intentional misconduct. 23
(4) A nonprofit or religious organization that is recognized as tax exempt under 24
Section 501(c)(3) of the Internal Revenue Code or a home -based processor shall 25
not be subject to any civil or criminal liability arising from the production or 26
donation of safe and apparently wholesome food to a homeless shelter or to 27
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individuals displaced due to a declared n atural disaster in accordance with 1
subsection (4) of Section 1 of this Act. 2