BILL NUMBER: SB 1269	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 13, 2010
	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.
   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.
   This bill would require the 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 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.  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  existing department or agency  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.