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91_HB3119eng HB3119 Engrossed LRB9110181WHcs 1 AN ACT amending the Good Samaritan Food Donor Act by 2 adding Section 2.14 and changing Section 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Good Samaritan Food Donor Act is amended 6 by adding Section 2.14 and changing Section 3 as follows: 7 (745 ILCS 50/2.14 new) 8 Sec. 2.14. Day old bread. "Day old bread" means 9 confectioneries, bread, or other baked goods that are 10 wholesome, unspoiled, and fit for human consumption but are 11 more than 24 hours old or are past their freshness date or 12 their shelf life. "Day old bread" does not include items or 13 products that were previously sold or served. 14 (745 ILCS 50/3) (from Ch. 56 1/2, par. 2003) 15 Sec. 3. Donor's immunity from liability. 16 (a) Except as provided in subsection (b), no wild game 17 donor, farmer, food producer, processor, distributor, 18 wholesaler, retailer, gleaner of food, any other person (if 19 that other person donates food that has been inspected by 20 either a State or federal authority and has not been altered 21 after that inspection),ora not for profit corporation or 22 charitable organization whose members provide baked goods 23 that are not potentially hazardous, or donor of day old 24 bread, who in good faith donates perishable canned or farm 25 food items, prepared food, day old bread, or wild game to a 26 not for profit corporation or charitable organization for 27 distribution to nursing homes, needy, or poor persons shall 28 be liable in any civil action based on the theory of 29 warranty, negligence or strict liability in tort, for damages 30 incurred resulting from any illness or disease contracted by HB3119 Engrossed -2- LRB9110181WHcs 1 the ultimate users or recipients of the food due to the 2 nature, age, condition, or packaging of the food. 3 (a-5) The immunity provided under subsection (a) shall 4 apply to any person or organization that prepares and serves, 5 for specific events, wild game that has not specifically been 6 raised, harvested, dressed, or inspected for human 7 consumption in accordance with existing rules and regulations 8 of the U.S. or State Departments of Agriculture or any other 9 state or federal agencies empowered to enforce health and 10 safety requirements. Placards shall be displayed in a 11 conspicuous location throughout the event identifying the 12 food served as uninspected wild game. 13 (b) The immunity provided in subsection (a) shall not 14 apply where the following is shown: 15 (1) that the illness or disease resulted from the 16 willful, wanton, or reckless acts of the donor; or 17 (2) that the donor had actual or constructive 18 knowledge that the food was tainted, contaminated, or 19 harmful to the health or well-being of the recipient of 20 such donated food; or 21 (3) where the food was in the form of canned goods, 22 that the containers were rusted, leaky, swollen, or 23 otherwise defective to the extent that they could not be 24 sold to members of the general public; provided, however, 25 that the fact that the cans were simply dented does not, 26 in itself, constitute such a defect so as to preclude the 27 grant of immunity provided by subsection (a). 28 (Source: P.A. 88-468, eff. 8-31-93; 88-622, eff. 1-1-95; 29 89-235, eff. 8-4-95.)