CHAPTER 38
HB 1285 - FINAL VERSION
9Mar2016... 0091h
2016 SESSION
\t16-2293
\t08/04
HOUSE BILL\t1285
AN ACT\trelative to the donation of food that has passed its expiration date.
SPONSORS:\tRep. D. McGuire, Merr. 21; Rep. Rouillard, Hills. 6
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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ANALYSIS
\tThis bill exempts persons donating and nonprofits distributing food that has passed its expiration date from liability from injury arising from such donations.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0091h\t16-2293
\t08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the donation of food that has passed its expiration date.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t38:1 Donors and Distributors of Food; Liability. Amend RSA 508:15, I(b) to read as follows:
\t\t\t(b) "Food'' means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption or for feeding of animals. "Food'' also means food items open-dated for which the date has passed.
\t38:2 Donors and Distribution of Food; Liability Limited. Amend RSA 508:15, II to read as follows:
\t\tII. The good faith donor of any food to a needy individual or individuals or to a bona fide charitable or non-profit organization for distribution or serving by such organization without charge or at a charge sufficient only to cover the cost of handling and administering such food and the distribution thereof, or to a person for uses such as animal feed or composting, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of the donor; provided, however, that at the time of donation such food is not knowingly misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable rules of the department of health and human services, or unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor.
\t38:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 3, 2016
Effective Date: July 2, 2016