BILL NUMBER: SB 35	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2009
	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senator Oropeza

                        DECEMBER 10, 2008

   An act to add Chapter 20 (commencing with Section 26205) to
Division 20 of the Health and Safety Code, relating to food.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 35, as amended, Oropeza. Food donations.
   Existing law, with specified exceptions, exempts a food facility
that donates any food that is fit for human consumption at the time
it was donated to a nonprofit charitable organization or a food bank
from liability for any damage or injury resulting from the
consumption of the donated food.
   This bill would require the Governor to designate a state agency
to establish and maintain a clearinghouse database that enables a
food bank or a nonprofit organization, as defined, that has an
interest in receiving nonperishable and perishable food donations to
contact a food facility, as defined, that has an interest in donating
food.
   This bill would require the agency to prepare and make available
informational materials regarding the clearinghouse  database
 , as specified.
   The bill would also require food facilities to include language in
specified catering contracts that informs the purchaser of the food
of the clearinghouse  database  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 20 (commencing with Section 26205) is added to
Division 20 of the Health and Safety Code, to read:
      CHAPTER 20.  FOOD DONATION CLEARINGHOUSE


   26205.  (a) The Governor shall direct a state agency to establish
and maintain a clearinghouse database that enables a food bank, as
defined in Section 113783, or a nonprofit charitable organization, as
defined in Section 113841, that has an interest in receiving
nonperishable and perishable food donations to contact a food
facility, as defined in paragraph (1) of subdivision (a) of Section
113789, that has an interest in donating food.
   (b) The designated state agency shall prepare and make available
informational materials regarding the clearinghouse  database
 to all food banks, nonprofit organizations, and food facilities
described in subdivision (a).
   (c) A written contract entered into by a food facility to prepare,
provide, or serve food for immediate consumption at a catered event
shall include language that informs the purchaser of the food of the
clearinghouse  database  .