Bill Text: CA SB35 | 2009-2010 | Regular Session | Amended
Bill Title: Food donations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB35 Detail]
Download: California-2009-SB35-Amended.html
BILL NUMBER: SB 35 AMENDED BILL TEXT AMENDED IN SENATE MAY 4, 2009 AMENDED IN SENATE APRIL 1, 2009 INTRODUCED BY Senator Oropeza DECEMBER 10, 2008 An act to add Chapter 20 (commencing with Section 26205) to Division 20 of the Health and Safety Code, relating to food. LEGISLATIVE COUNSEL'S DIGEST SB 35, as amended, Oropeza. Food donations. 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. This bill would require the Governor to designate a state agency to establish and maintain a clearinghouse database that enables a food bank or a nonprofit organization, as defined, that has an interest in receiving nonperishable and perishable food donations to contact a food facility, as defined, that has an interest in donating food. This bill would require the agency to prepare and make available informational materials regarding the clearinghouse database , as specified. The bill would also require food facilities to include language in specified catering contracts that informs the purchaser of the food of the clearinghouse database . 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. Chapter 20 (commencing with Section 26205) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 20. FOOD DONATION CLEARINGHOUSE 26205. (a) The Governor shall direct a state agency to establish and maintain a clearinghouse database that enables a food bank, as defined in Section 113783, or a nonprofit charitable organization, as defined in Section 113841, that has an interest in receiving nonperishable and perishable food donations to contact a food facility, as defined in paragraph (1) of subdivision (a) of Section 113789, that has an interest in donating food. (b) The designated state agency shall prepare and make available informational materials regarding the clearinghouse database to all food banks, nonprofit organizations, and food facilities described in subdivision (a). (c) A written contract entered into by a food facility to prepare, provide, or serve food for immediate consumption at a catered event shall include language that informs the purchaser of the food of the clearinghouse database .