BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1269|
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VETO
Bill No: SB 1269
Author: Oropeza (D)
Amended: 5/13/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/20/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 23-6, 5/28/10
AYES: Alquist, Cedillo, Corbett, Correa, DeSaulnier,
Ducheny, Florez, Hancock, Huff, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Romero, Simitian, Steinberg, Wolk, Wright, Yee
NOES: Ashburn, Dutton, Hollingsworth, Runner, Strickland,
Wyland
NO VOTE RECORDED: Aanestad, Calderon, Cogdill, Cox,
Denham, Harman, Oropeza, Walters, Wiggins, Vacancy,
Vacancy
ASSEMBLY FLOOR : 48-27, 8/16/10 - See last page for vote
SUBJECT : Food donation liability
SOURCE : Author
DIGEST : This bill requires the Department of Food and
Agriculture and the Department of Public Health to post
CONTINUED
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food donation liability exemption information on their
respective websites.
ANALYSIS : Existing federal law protects food donors from
civil and criminal liability when they donate to food banks
and food rescue programs. (Bill Emerson Good Samaritan
Food Donation Act: Pub. L. No. 104-210.)
Existing law protects food donors from civil and 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 a violation
occurring after the time of the donation. (Health & Saf.
Code Secs. 114432-114434.)
Existing law limits a food facility's liability for
injuries resulting from the consumption of donated food
that is fit for human consumption at the time it is donated
to a nonprofit charitable organization, except for injuries
resulting from negligence or willful acts in the
preparation or handling of the donated food. (Civ. Code
Sec. 1714.25(a).)
Existing law limits a nonprofit charitable organization or
a food bank's liability for injuries or death resulting
from the consumption of donated food that is fit for human
consumption at the time it is distributed, except for
injuries or death resulting from negligence, recklessness,
or intentional misconduct on the part of the organization.
(Civ. Code Sec. 1714.25(b).)
Existing law regulates agricultural food donation from
farms to non-profit charitable organizations or food banks.
(Food & Agr. Code Secs. 58501-58509.)
Existing federal law provides a tax incentive for food
donations. (Pension Protection Act of 2006: Pub. L. No.
109-280.)
This bill requires the Department of Food and Agriculture
and the State Department of Public Health to make
information available on their Internet Web sites, and when
possible disseminate the information via existing
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department or agency publication, on food donation
liability protections and on tax deductions for charitable
contributions of food inventory as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/13/10)
California Association of Food Banks
Community Action Partnership Food Bank of San Bernardino
County
Emergency Food Bank of Stockton/San Joaquin
Food Empowerment project
Food Finders
Hunger Action Los Angeles
Los Angeles Regional Food Bank
ARGUMENTS IN SUPPORT : According to the author's office:
Despite success of current law in donating food,
California discards tons of food that ultimately ends
up in our landfills ? [O]ne of the major hindrances to
successful food donation is fear that businesses will
be liable for any damages that may result from the
consumption of food they have donated.
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 1269 without my signature.
This bill would require the California Department of
Public Health and California Department of Food and
Agriculture to advertise on their respective Internet
Websites existing liability protections and potential
tax benefits associated with food donations. This bill
is unnecessary since the information it wishes to
promote is already available on the Internet and
through the non-profit organizations that receive
donated foods.
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Consequently, I am unable to sign this bill."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro,
Coto, De La Torre, De Leon, Eng, Evans, Feuer, Fong,
Fuentes, Furutani, Galgiani, Gatto, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,
Swanson, Torlakson, Torres, Torrico, Yamada, John A.
Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,
Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Bass, Blakeslee, Charles Calderon, Davis,
Vacancy
RJG:nl 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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