Iowa SF 359: A bill for an act limiting liability for food dealers and owners of commercial vehicles who donate food to an Iowa food bank association.

Bill Text

Senate File 359 - Introduced
SENATE FILE 359
BY DICKEY
A BILL FOR
An Act limiting liability for food dealers and owners of1
commercial vehicles who donate food to an Iowa food bank2
association.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:4
TLSB 1829SS (4) 91
da/ns

S.F. 359
Section 1. NEW SECTION. 190B.301 Definitions.1
As used in this subchapter, unless the context otherwise2
requires:3
1. “Commercial vehicle” means the same as defined in section4
321.1.5
2. a. “Evidently safe food” means food prepared and6
distributed by a food dealer that a reasonable person would7
consider safe to consume after considering all relevant8
information regarding why the food could be considered unfit9
or unmarketable for retail sale due to a failure to comply10
with health and safety requirements described in any of the11
following:12
(1) The health and safety labeling of a package or container13
holding the food.14
(2) The health and safety laws of this state or a local15
government, including a city or county.16
b. “Evidently safe food” does not include food that is any17
of the following:18
(1) Subject to regulation under chapter 123.19
(2) Subject to a government-issued stop order, or a20
court-issued order of injunctive relief, that prohibits the21
preparation, distribution, or transportation of the food.22
3. “Food” means the same as defined in section 137F.1.23
4. “Food dealer” means any of the following:24
a. A food establishment or food processing plant required to25
operate pursuant to a license issued under 137F.4.26
b. An establishment required to operate pursuant to a27
license issued under section 189A.3.28
c. A milk plant required to operate pursuant to a permit29
issued under section 192.111 or 194.3A.30
5. “Iowa food bank association” means the same as defined in31
section 190B.201.32
Sec. 2. NEW SECTION. 190B.302 Food dealers.33
1. Except as provided in subsection 2, a food dealer is34
not liable for any act or omission causing injury, loss, or35
-1-
LSB 1829SS (4) 91
da/ns 1/5

S.F. 359
death by the human consumption of evidently safe food, if1
the evidently safe food was donated by the food dealer to an2
Iowa food bank association, and the food dealer had no actual3
knowledge that the food would likely cause injury, loss, or4
death if consumed in a normal manner.5
2. Subsection 1 does not apply to evidently safe food that6
is any of the following:7
a. (1) Prepared or distributed to an Iowa food bank8
association by a food dealer not operating pursuant to a9
license required to be issued under section 137F.4, a license10
required to be issued under section 189A.3, or a permit11
required to be issued under section 192.111 or 194.3A.12
(2) Prepared or distributed to an Iowa food bank association13
by a food dealer whose license or permit described in14
subparagraph (1) has been suspended.15
b. Prepared or distributed to an Iowa food bank association16
by a food dealer in a manner that does not meet required17
time and temperature controls for safety to limit pathogenic18
microorganism growth or toxin formation.19
c. Declared to be unsafe for human consumption by the food20
dealer.21
d. Intentionally falsely advertised to an Iowa food bank22
association by the food dealer.23
Sec. 3. NEW SECTION. 190B.303 Owners of commercial24
vehicles.25
1. Except as provided in subsection 2, the owner of a26
commercial vehicle is not liable for any act or omission27
causing injury, loss, or death by the human consumption of28
evidently safe food, if the costs of transporting the evidently29
safe food was donated by the owner of the commercial vehicle to30
an Iowa food bank association, and the owner of the commercial31
vehicle had no actual knowledge that the food would likely32
cause injury, loss, or death if consumed in a normal manner.33
2. Subsection 1 does not apply to evidently safe food that34
is any of the following:35
-2-
LSB 1829SS (4) 91
da/ns 2/5

S.F. 359
a. (1) Transported to an Iowa food bank association by the1
owner of a commercial vehicle not operating pursuant to the2
applicable license required to be issued pursuant to chapter3
321.4
(2) Transported to an Iowa food bank association by the5
owner of a commercial vehicle operating pursuant to a suspended6
license issued pursuant to chapter 321.7
b. Transported to an Iowa food bank association by a8
commercial vehicle owner in a manner that does not meet9
required time and temperature controls for safety to limit10
pathogenic microorganism growth or toxin formation.11
c. Declared unsafe for human consumption by the owner of the12
commercial vehicle.13
d. Intentionally falsely advertised to the Iowa food bank14
association by the owner of the commercial vehicle.15
Sec. 4. DIRECTIONS TO CODE EDITOR. The Code editor is16
directed to arrange the following into a new subchapter in17
chapter 190B:18
Sections 190B.301 through 190B.303.19
EXPLANATION20
The inclusion of this explanation does not constitute agreement with21
the explanation’s substan