745 ILCS 50/ Good Samaritan Food Donor Act.

(745 ILCS 50/1) (from Ch. 56 1/2, par. 2001)

Sec. 1. This Act shall be known and may be cited as the "Good Samaritan Food Donor Act".

(Source: P.A. 82-580.)

(745 ILCS 50/2) (from Ch. 56 1/2, par. 2002)

Sec. 2. For the purposes of this Act, unless the context otherwise requires, the terms defined in this Act have the meanings ascribed to them herein.

(Source: P.A. 82-580.)

(745 ILCS 50/2.01) (from Ch. 56 1/2, par. 2002.01)

Sec. 2.01. "Canned food" means food that is commercially processed in hermetically sealed containers.

(Source: P.A. 82-580.)

(745 ILCS 50/2.02) (from Ch. 56 1/2, par. 2002.02)

Sec. 2.02. "Charitable organization" is defined as set forth in Section 1 of the Solicitation for Charity Act.

(Source: P.A. 102-558, eff. 8-20-21.)

(745 ILCS 50/2.03) (from Ch. 56 1/2, par. 2002.03)

Sec. 2.03. "Farm product" means any agricultural, dairy or horticultural product or any product designed or intended for human consumption or prepared principally from agricultural, dairy or horticultural produce.

(Source: P.A. 82-580.)

(745 ILCS 50/2.04) (from Ch. 56 1/2, par. 2002.04)

Sec. 2.04. "Commercially processed" means processed in accordance with criteria of current good manufacturing practice as apply to facilities, methods, practices, and controls used by the commercial processor in the manufacture, processing or packing of low-acid foods in hermetically sealed containers in a manner adequate to protect the public health.

(Source: P.A. 82-580.)

(745 ILCS 50/2.05) (from Ch. 56 1/2, par. 2002.05)

Sec. 2.05. "Commercial processor" includes any person engaged in commercial, custom, or institutional (church, school, penal or other organization) processing of food, including pet food.

(Source: P.A. 82-580.)

(745 ILCS 50/2.06) (from Ch. 56 1/2, par. 2002.06)

Sec. 2.06. "Hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and thereby to maintain the commercial sterility of its content after processing.

(Source: P.A. 82-580.)

(745 ILCS 50/2.07) (from Ch. 56 1/2, par. 2002.07)

Sec. 2.07. "Not for profit corporation" is defined as set forth in the "General Not for Profit Corporation Act", except that the term does not include organizations which sell or offer to sell such donated items of food.

(Source: P.A. 82-580.)

(745 ILCS 50/2.08) (from Ch. 56 1/2, par. 2002.08)

Sec. 2.08. "Perishable food" means any food having a significant risk of spoilage, loss of value, or loss of palatability within 90 days of the date of packaging.

(Source: P.A. 82-580.)

(745 ILCS 50/2.09) (from Ch. 56 1/2, par. 2002.09)

Sec. 2.09. "Gleaner" means a person that harvests for free distribution an agricultural crop that has been donated by the owners.

(Source: P.A. 82-580.)

(745 ILCS 50/2.10) (from Ch. 56 1/2, par. 2002.10)

Sec. 2.10. "Prepared food" means any food prepared, designed or intended for human consumption including, without limitation, those foods prepared principally from agricultural, dairy or horticultural produce or with meat, fish, or poultry.

(Source: P.A. 84-134.)

(745 ILCS 50/2.11) (from Ch. 56 1/2, par. 2002.11)

Sec. 2.11. "Food producer" includes, but is not limited to, restaurants, bakeries, cafeterias, caterers and delicatessens.

(Source: P.A. 84-134.)

(745 ILCS 50/2.12) (from Ch. 56 1/2, par. 2002.12)

Sec. 2.12. "Wild game" includes, but is not limited to, those species specified as game birds or mammals in Section 2.2 of the Wildlife Code and species not native to Illinois that have been brought into the State for the purpose of holding, releasing or propagating. All wild game as defined in this Section shall have had their entrails removed.

(Source: P.A. 87-1036.)

(745 ILCS 50/2.13) (from Ch. 56 1/2, par. 2002.13)

Sec. 2.13. "Wild game donor" means any person, organization or governmental agency that has taken wild game in a manner authorized by the Department of Natural Resources, including scientific collection permit, depredation permit or other removal permit.

(Source: P.A. 89-445, eff. 2-7-96.)

(745 ILCS 50/2.14)

Sec. 2.14. Day old bread. "Day old bread" means confectioneries, bread, or other baked goods that are wholesome, unspoiled, and fit for human consumption but are more than 24 hours old or are past their freshness date or their shelf life. "Day old bread" does not include items or products that were previously sold or served.

(Source: P.A. 91-720, eff. 1-1-01.)

(745 ILCS 50/3) (from Ch. 56 1/2, par. 2003)

Sec. 3. Donor's immunity from liability.

(a) Except as provided in subsection (b), no wild game donor, farmer, food producer, processor, distributor, wholesaler, retailer, gleaner of food, any other person (if that other person donates food that has been inspected by either a State or federal authority and has not been altered after that inspection), a not for profit corporation or charitable organization whose members provide baked goods that are not potentially hazardous, or donor of day old bread, who in good faith donates perishable canned or farm food items, prepared food, day old bread, or wild game to a not for profit corporation or charitable organization for distribution to nursing homes, needy, or poor persons shall be liable in any civil action based on the theory of warranty, negligence or strict liability in tort, for damages incurred resulting from any illness or disease contracted by the ultimate users or recipients of the food due to the nature, age, condition, or packaging of the food.

(a-5) The immunity provided under subsection (a) shall apply to any person or organization that prepares and serves, for specific events, wild game that has not specifically been raised, harvested, dressed, or inspected for human consumption in accordance with existing rules and regulations of the U.S. or State Departments of Agriculture or any other state or federal agencies empowered to enforce health and safety requirements. Placards shall be displayed in a conspicuous location throughout the event identifying the food served as uninspected wild game.

(b) The immunity provided in subsection (a) shall not apply where the following is shown:

(1) that the illness or disease resulted from the willful, wanton, or reckless acts of the donor; or

(2) that the donor had actual or constructive knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of such donated food; or

(3) where the food was in the form of canned goods, that the containers were rusted, leaky, swollen, or otherwise defective to the extent that they could not be sold to members of the general public; provided, however, that the fact that the cans were simply dented does not, in itself, constitute such a defect so as to preclude the grant of immunity provided by subsection (a).

(Source: P.A. 91-720, eff. 1-1-01.)

(745 ILCS 50/4) (from Ch. 56 1/2, par. 2004)

Sec. 4. (a) Except as provided in subsection (b), a not for profit corporation or charitable organization which in good faith receives food for free distribution and which reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption shall not be liable in any civil action based on the theory of warranty, negligence, or strict liability in tort, for damages incurred resulting from any illness or disease contracted by the ultimate users or recipients of the food due to the condition of the food.

(b) The immunity provided in subsection (a) shall not apply where the following is shown:

(1) that the illness or disease resulted from the willful, wanton, or reckless acts of the not for profit corporation or charitable organization; or

(2) that the corporation or organization had actual or constructive knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of such donated food; or

(3) where the food was in the form of canned goods, that the containers were rusted, leaky, swollen, or otherwise defective to the extent that they could not be sold to the members of the general public; provided, however, that the fact that the cans were simply dented does not, in itself, constitute such a defect so as to preclude the grant of immunity provided by subsection (a).

(Source: P.A. 82-580.)