BILL ANALYSIS
Bill No: SB
35
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
SB 35 Author: Oropeza
As Amended: April 1, 2009
Hearing Date: April 28, 2009
Consultant: Chris Lindstrom
SUBJECT
Food donations.
DESCRIPTION
SB 35 adds a new chapter to Division 20 of the Health and
Safety Code to require the Governor to designate a state
agency to establish and maintain a clearinghouse database
that enables a food bank or a nonprofit organization that
has an interest in receiving nonperishable and perishable
food donations to contact a food facility that has an
interest in donating food.
SB 35 requires the designated state agency to prepare and
make available informational materials regarding the
clearinghouse to all food banks, nonprofit organizations,
and food facilities.
SB 35 requires a written contract entered into by a food
facility to prepare, provide, or serve food for immediate
consumption at a catered event to include language that
informs the purchaser of the food of the clearinghouse.
EXISTING LAW
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
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any damage or injury resulting from the consumption of the
donated food.
Existing federal law, the Bill Emerson Good Samaritan Food
Donation Act makes it easier for businesses to donate to
food banks and food rescue programs. The law protects
donors from liability when donating to nonprofit
organizations and protects donors from civil and criminal
liability should the product donated in good faith later
causes harm to the needy recipient.
SB 35 (Oropeza) continued
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BACKGROUND
Purpose of the bill. According to the author's office,
"[c]urrent law says that any food facility may donate, free
of charge, food to a bank or to any other nonprofit
charitable organization for distribution to persons free of
charge. Additionally, no food facility that donates food
shall be subject to civil or criminal liability or penalty
of violation of any laws, regulations, or ordinances
regulating the labeling or packaging of the donated product
or, with respect to any other laws, regulations, or
ordinances, for a violation occurring after the time of the
donation.
"Despite success of current law in donating food,
California discards tons of food that ultimately ends up in
our landfills. A Statewide Characterization Study,
published by the California Environmental Protection Agency
in December 2004, noted that commercial waste (waste from
restaurants, food stores, medical/health facilities,
schools and hotels) comprised nearly 5.8 million tons of
discarded food in 2003.
"In 2007, five million Californians were unable to afford
the food they needed - including many seniors and working
parents whose budgets for food have been squeezed by the
growing economic crisis. According to the U.S. Bureau of
Labor Statistics, the price of staples (flour, milk, and
eggs, for example) rose at least 13 percent between
February 2007 and February 2008. Retail food prices are
expected to jump an additional 5 percent this year.
"Food banks and nonprofit organizations across the state
have seen a sudden and unprecedented increase in the
requests for food assistance. Families who had never
previously sought out services offered by food banks are
waiting in line for donations. Some food banks are
experiencing an increase of people in need of up to 50%.
Unfortunately, donations have not kept pace with growing
demands and many food banks are having difficulty keeping
their pantries full.
"No one wants to purposely discard edible food. According
to our research one of the biggest hindrances to successful
food donations is a lack of knowledge between food banks
and food facilities on who is interested in donating food
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and who has the capability to receive donations.
"SB 35 seeks to remedy that problem by creating a Food
Donation Clearinghouse database. This database will have
the contact information of food banks and non-profit
organizations that are seeking food donations (perishable
and non-perishable) and the contact information of food
handlers (restaurants, caterers, supermarkets) that are
interested in finding organizations capable to accept their
food donations."
Arguments in support. The Foodbank of Southern California
writes, "SB 35 will create a Food Donation Clearinghouse to
help build relationships essential for food donation. Lack
of knowledge on who is interested in donating food and who
has the capacity to receive food donations is the biggest
challenge to meeting this great need.
"The economic crisis, high unemployment rate, and increase
in food prices make food donations even more necessary.
Food banks and other non-profit organizations report huge
increases in demands for the services they offer. They are
seeing an increase in people who never would have asked for
help in the past. Unfortunately, donations and food
supplies have not kept pace with growing needs.
"Every year Californians throw out tons of food.
Restaurants, caterers, supermarkets, and even individuals
hesitate in donating items to food banks for fear of legal
retribution. Thankfully, federal and state law protects
these donors for any items they donated (perishable and
non-perishable items) to food banks and non-profit
organizations. Despite the success of current law, much
still needs to be done.
"Passage of SB 35 would encourage restaurants, caterers,
and consumers to think twice about the food they are
considering throwing out in the trash."
Hunger Action Los Angeles writes, the "Foodbank Donation
Clearinghouse will connect restaurants, supermarkets and
individuals with food pantries and food banks to accomplish
two things.
"The first is to get more food to the needy as the economic
crisis throws more people out of their homes and out of
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their jobs. Many of these persons do not qualify for the
food stamp (SNAP) program due to unemployment incomes that
are still too high for the very low food stamp eligibility
level, yet still find themselves short on resources for the
month to feed themselves and their children. These
families can be helped by donated food items.
"The second is to do something about the tons of food that
we in California are currently throwing away. Many
organizations wish to donate this food but believe they'll
be sued if there is something wrong with it. They are
unaware that they are safe from liability under federal and
state law for donated food, both perishable and
non-perishable.
"Connecting these two issues together, we can deal with
waste and get more food to the needy. Passage of SB 35
will encourage caterers, restaurants, and consumers to
donate food and be part of the process of helping the less
fortunate."
Arguments in opposition. California Restaurant
Association, California Hotel & Lodging Association and
California Attractions and Parks Association share Senator
Oropeza's goal of increasing the donation of food which
would result in more opportunities to feed the hungry and
less food dumped in landfills. To that end, they are in
support of the portion of the bill that would create a
state database and have pledged to promote its existence
with all of their members at the statewide level, regional
levels and local levels of their respective associations.
However, they oppose the requirement that information
related to the database MUST be included in every contract.
The opponents do not believe that modifying all existing
catering contracts to include the clearinghouse information
would be an effective way to publicize this program. They
recommend that a more effective way to build awareness for
this program is to work closely with food banks and
appropriate state and local agencies.
The opponents contend that the solution to more food
donation is to further empower food banks to be more
effective by giving them the tools they need to safely
transport prepared and perishable food, not getting in the
middle of a private contract that will do very little in
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producing more donated food.
Staff comments. Committee staff raises the following
issues for consideration as possible amendments to the
bill.
1)Make specific information available on the selected
agency's Web site. SB 35 requires an unspecified agency
to: (a) establish and maintain a food donation
clearinghouse database, and, (b) to prepare and make
available informational materials regarding the
clearinghouse to all food banks and nonprofit
organizations interested in receiving donated food and
all food facilities interested in donating food.
The bill does not require the agency to make the database
available on the agency's Web site, what informational
material the agency is required to make available to the
targeted groups, or the manner in which the agency will
make the information available.
a) Is it the author's intent to require the designated
agency to make the database available on the agency's
Web site?
b) What informational material does the author want to
impart to the targeted groups? May the information
include, but not be limited to, the database, the
purpose of the database, how to join the database,
information regarding the laws and liability
protections related to donating food, or the
information regarding discarded food and its impact on
landfills?
c) How does the author want the informational material
to be made available to the targeted groups, via the
agency's Web site or other actions?
d) The bill creates a direct nexus, through the
notification requirement in all catering contracts,
for restaurants, caterers, etc., and purchasers of
food, to become aware of the clearinghouse. Should
the notification requirement in contracts be
voluntary?
e) Also, how will food banks and other charitable
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nonprofits who are not parties of the contract become
familiar with the clearinghouse? Does the author want
the designated agency to take specific actions to
promote participation in the clearinghouse?
2)Authorize the Department of Social Services to place a
link to the food donation clearinghouse database on its
Web site. It is committee staff's understanding that the
author's agency of choice to establish the food donation
clearinghouse database is the California Integrated Waste
Management Board (CIWMB). From a potential user's
perspective, a food bank or other nonprofit charitable
organization, intuitively, it may not be the first
inclination to check CIWMB's Web site to find, among
other things, a database of restaurants or caterers
willing to donate food. The author may wish to consider
language that authorizes the Department of Social
Services (DSS), or other state agencies, to provide a
link on their respective Web sites to direct Internet
traffic to CIWMB's food donation clearinghouse Web site.
Further, the author may want to authorize DSS or other
state agencies to use their existing channels of
communication with counties departments, food banks or
other nonprofit charitable organizations to inform them
of the clearinghouse.
3)Technical amendments - Clearinghouse Database. The bill
requires the designated agency to establish and maintain
a clearinghouse database and also requires informational
material and notification to be given regarding the
clearinghouse. The author may want to amend the bill so
that it consistently references the term "clearinghouse
database".
PRIOR/RELATED LEGISLATION
SB 1443 (Oropeza), 2007-2008 Legislative Session. Would
have required every written contract entered by a retail
food facility for a catered event to include language in
the contract providing the food facility with the option of
donating any left over food that would otherwise be
discarded to a non-profit food bank or providing all
leftover food to the purchaser. (Died, Assembly Inactive
File)
SUPPORT: As of April 24, 2009:
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American Federation of State, County and Municipal
Employees
California Association of Food Banks
Californians Against Waste
Coachella Valley Rescue Mission
Feeding America San Diego
Foodbank of Southern California
Food Empowerment Project
Food Link for Tulare County, Inc.
Hunger Action Los Angeles
Interfaith Council of Amador
Kings Community Action Organization
OPPOSE: As of April 24, 2009:
California Restaurant Association
California Hotel and Lodging Association
California Attractions and Parks Association
FISCAL COMMITTEE: Senate Appropriations Committee
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