BILL ANALYSIS
SB 1269
Page 1
SENATE THIRD READING
SB 1269 (Oropeza)
As Amended May 13, 2010
Majority vote
SENATE VOTE :23-6
JUDICIARY 7-3 APPROPRIATIONS 12-5
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|Ayes:|Feuer, Brownley, Evans, |Ayes:|Fuentes, Bradford, |
| |Jones, Monning, Nava, | |Charles Calderon, Coto, |
| |Huffman | |Davis, De Leon, Gatto, |
| | | |Hall, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tran, Hagman, Knight |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Requires the California Department of Food and
Agriculture and California Department of Public Health to post
on their Internet Web sites, and when possible disseminate
through existing publications, information about state and
federal laws that provide tax deductions and liability
exemptions relating to the donation of food for charitable
purposes.
EXISTING LAW :
1)Provides, under federal law, that neither a person who donates
food to a nonprofit organization, nor a nonprofit organization
that provides the food to needy individuals, shall be civilly
or criminally liable for harms arising from the nature, age,
packaging, or condition of apparently wholesome food or an
apparently fit grocery product unless the harm results from an
act or omission of the person or organization that constitutes
gross negligence or intentional misconduct.
2)Provides, under the federal tax code, tax deductions for
charitable contributions of food inventory, as specified.
3)Provides that no food facility that donates any food that is
fit for human consumption at the time it was donated to a
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nonprofit charitable organization or a food bank shall be
liable for any damage or injury resulting from the consumption
of the donated food, unless the injury is caused by negligence
or a willful act in the preparation or handling of the food.
4)Provides that a nonprofit charitable organization or a food
bank that, in good faith, receives and distributes food
without charge that is fit for human consumption at the time
it was distributed is not liable for harm caused by the
consumption of the food unless the harm is the direct result
of negligence, recklessness, or intentional misconduct of the
organization.
5)Provides that a food facility that donates food to a
charitable organization or food bank shall not be subject to
civil or criminal liability or penalty for 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 violation occurring
after the time of the donation.
6)Provides that no person that donates an agricultural product,
and no county or county agency that establishes a surplus food
collection and distribution center, shall be liable for any
injury, including, but not limited to, injury resulting from
the ingesting of such agricultural product, as a result of any
act or omission in connection with donating the agricultural
product.
FISCAL EFFECT : According to the Assembly Appropriations
analysis, costs associated with posting information on
department websites would be minor and absorbable within
existing resources.
COMMENTS : This bill seeks to address a seeming paradox:
discarded food is the single biggest item taking up space in our
state's landfills at the same time that about 3 million
Californians go hungry. Although it is impossible to know for
sure, a significant portion of the discarded food is apparently
still fit for human consumption at the time that it is
discarded. In an effort to address this situation, several
existing laws seek to encourage the donation of wholesome and
edible food that would otherwise end up in a landfill. For
example, provisions of the Food and Agriculture Code authorize
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counties to set up distribution centers to direct surplus
agricultural products to food banks. The federal tax code
grants tax deductions for food donations. Most notably, for
purposes of this bill, both state and federal law grant limited
immunity from liability to persons and organizations that donate
or distribute food for charitable purposes. Apparently these
immunities were enacted based on the assumption that many
persons who would otherwise donate food are sometimes reluctant
to do so for fear of liability should the food subsequently -
due to someone else's negligence, perhaps - cause an injury to
the ultimate consumer of the food. Several provisions of state
law, therefore, as well as federal laws like the Bill Emerson
Good Samaritan Food Donation Act, provide immunity for harm
caused by the donated food, unless, of course, the injury is the
result of negligence, recklessness, or willful misconduct. The
exact scope of liability differs as between federal and state
law. For example, the federal immunity statute does not grant
immunity for acts that constitute gross negligence or willful
misconduct, while state law does not grant immunity to acts that
are negligent, reckless, or willful. In addition to these
various immunity provisions, the federal tax code permits tax
deductions of food donations to charitable organizations or food
banks.
This non-controversial bill would not add any new immunity or
create any new tax breaks; rather, this measure would simply
require the California Department of Food and Agriculture and
the California Department of Public Health to post information
about all of the tax advantages and immunities relating to food
donation on their respective Internet Web sites. In addition,
when possible, the bill would require those departments to
disseminate such information through any existing department or
agency publications.
According to the author, although state and federal laws
appropriately grant limited immunity and tax incentives to
persons and organizations that donate food for charitable
purposes, many organizations and businesses remain reluctant to
donate edible surplus food out of fear that they might, through
no fault of their own, become liable for any harms that might
result from the consumption of the food. The author contends
that if businesses and organizations were better informed about
existing immunity and tax incentives, that they would be more
likely to make donations.
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Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0005121