BILL NUMBER: SB 1269	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Oropeza

                        FEBRUARY 19, 2010

   An act to add Section 12177.5 to the Government Code, relating to
liability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1269, as amended, Oropeza. Food donation liability  :
Secretary of State  .
   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. Existing law also exempts from
liability any person who donates any agricultural product, as
provided. Existing federal law also contains specified exemptions
from liability for the donation of apparently fit grocery products to
a nonprofit organization.  Existing federal law allows for a tax
deduction for charitable contributions of food inventory. 

   Under existing law every corporation and limited liability company
must annually file with the Secretary of State a form containing a
statement of information, as provided, and the Secretary of State
must mail a notice for compliance with these provisions approximately
3 months prior to the close of the applicable filing period.

   This bill would require the  Secretary of State to include
a copy of   California Department of Food and
Agriculture and the California Department of Public Health to make
information available, as provided, about  certain state and
federal statutory exemptions from liability for the donation of food
to a nonprofit corporation  when he or she mails the notice
for compliance   and tax deductions for charitable
contributions of food inventory  .
   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.  Section 12177.5 is added to the Government Code, to
read: 
   12177.5.  A copy of Section 1714.25 of the Civil Code, Chapter 5
(commencing with Section 58501) of Part 1 of Division 21 of the Food
and Agricultural Code, Sections 114433 and 114434 of the Health and
Safety Code, and the Bill Emerson Good Samaritan Food Donation Act
(Section 1791 of Title 42 of the United States Code), shall be
included by the Secretary of the State with the statement of
information reminder notice mailed in accordance with Sections 1502,
2117, 6210, 8210, 9660, 12570, and 17060 of the Corporations Code and
Section 14101.6 of the Financial Code.  
   12177.5.  The Department of Food and Agriculture and the State
Department of Public Health shall make information available on their
Internet Web sites, and when possible disseminate the information
via publication, on food donation liability protections as specified
in Section 1714.25 of the Civil Code, Chapter 5 (commencing with
Section 58501) of Part 1 of Division 21 of the Food and Agricultural
Code, Sections 114433 and 114434 of the Health and Safety Code, and
the Bill Emerson Good Samaritan Food Donation Act (Section 1791 of
Title 42 of the United States Code), and on tax deductions for
charitable contributions of food inventory as specified in Section
170 of Title 26 of the United States Code.