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91_SB1128
SRS91S0044JJch
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, otherwise fit
10 for human consumption but for the fact that they have
11 experienced more than 24 hours of life or have exceeded their
12 freshness date or their shelf life.
13 (745 ILCS 50/3) (from Ch. 56 1/2, par. 2003)
14 Sec. 3. Donor's immunity from liability.
15 (a) Except as provided in subsection (b), no wild game
16 donor, farmer, food producer, processor, distributor,
17 wholesaler, retailer, gleaner of food, any other person (if
18 that other person donates food that has been inspected by
19 either a State or federal authority and has not been altered
20 after that inspection), or a not for profit corporation or
21 charitable organization whose members provide baked goods
22 that are not potentially hazardous, or donor of day old
23 bread, who in good faith donates perishable canned or farm
24 food items, prepared food, day old bread, or wild game to a
25 not for profit corporation or charitable organization for
26 distribution to nursing homes, needy, or poor persons shall
27 be liable in any civil action based on the theory of
28 warranty, negligence or strict liability in tort, for damages
29 incurred resulting from any illness or disease contracted by
30 the ultimate users or recipients of the food due to the
-2- SRS91S0044JJch
1 nature, age, condition, or packaging of the food.
2 (a-5) The immunity provided under subsection (a) shall
3 apply to any person or organization that prepares and serves,
4 for specific events, wild game that has not specifically been
5 raised, harvested, dressed, or inspected for human
6 consumption in accordance with existing rules and regulations
7 of the U.S. or State Departments of Agriculture or any other
8 state or federal agencies empowered to enforce health and
9 safety requirements. Placards shall be displayed in a
10 conspicuous location throughout the event identifying the
11 food served as uninspected wild game.
12 (b) The immunity provided in subsection (a) shall not
13 apply where the following is shown:
14 (1) that the illness or disease resulted from the
15 willful, wanton, or reckless acts of the donor; or
16 (2) that the donor had actual or constructive
17 knowledge that the food was tainted, contaminated, or
18 harmful to the health or well-being of the recipient of
19 such donated food; or
20 (3) where the food was in the form of canned goods,
21 that the containers were rusted, leaky, swollen, or
22 otherwise defective to the extent that they could not be
23 sold to members of the general public; provided, however,
24 that the fact that the cans were simply dented does not,
25 in itself, constitute such a defect so as to preclude the
26 grant of immunity provided by subsection (a).
27 (Source: P.A. 88-468, eff. 8-31-93; 88-622, eff. 1-1-95;
28 89-235, eff. 8-4-95.)