Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 142 First Substitute (2022GS)

Sponsor

Rep. Ferry, J.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• addresses liability related to donated food;
• establishes conditions under which wild game meat may be donated to a charitable organization;
• imposes notice requirements;
• imposes restrictions on the purchase, sale, or offer for sale or barter of donated wild game meat;
• authorizes the Department of Agriculture and Food to act if the department has reason to believe that the donated wild game meat is unwholesome;
• addresses donations to the Division of Wildlife Resources that are earmarked for costs associated with processing wild game meat for donation; and
• makes technical changes.

Every vote on this bill

Bill text

DONATION OF FOOD
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel Ferry
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill addresses donation of wild game meat.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses liability related to donated food;
▸ establishes conditions under which wild game meat may be donated to a charitable
organization;
▸ imposes notice requirements;
▸ imposes restrictions on the purchase, sale, or offer for sale or barter of donated wild
game meat;
▸ authorizes the Department of Agriculture and Food to act if the department has
reason to believe that the donated wild game meat is unwholesome;
▸ addresses donations to the Division of Wildlife Resources that are earmarked for
costs associated with processing wild game meat for donation; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-34-102
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-34-106
, as renumbered and amended by Laws of Utah 2017, Chapter 345
ENACTS:
4-34-108
, Utah Code Annotated 1953
23-14-14.3
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-34-102
 is amended to read:
4-34-102.
Definitions.
For purposes of this chapter:
(1) "Agricultural product" means [
any
] 
a
 fowl, animal, fish, vegetable, or other product
or article, fresh or processed, [
which
] 
that
 is customary food, or [
which
] 
that
 is proper food for
human consumption.
(2) [
"Gleaner" means a person who harvests
] 
"Glean" means to harvest
, for free
distribution, an agricultural crop that has been donated by the owner.
(3) "Government food pantry" means the following when receiving, accepting,
gleaning, or distributing food donated under this chapter, or a food pantry sponsored by one of
the following that accepts, gleans, or distributes food donated under this chapter:
(a) an association of political subdivisions created under Title 11, Chapter 13,
Interlocal Cooperation Act;
(b) a county; or
(c) a municipality as defined in Section 
10-1-104
.
[
(3)
] 
(4)
 "Nonprofit charitable organization" means [
any
]
:
(a) an
 organization [
which was
] 
that is
 organized and is operating for charitable
purposes and [
which
] 
that
 meets the requirements of the Internal Revenue Service of the U.S.
Department of Treasury that exempt the organization from income taxation under [
the
provisions of
] the Internal Revenue Code[
.
]
; or
(b) a government food pantry.
(5) "Wild game" means the same as that term is defined in Section 
4-32-105
.
Section 2. Section 
4-34-106
 is amended to read:
4-34-106.
Limitation of liability of donor, nonprofit charitable organization, and
county.
[
Except
] 
In addition to Section 
78B-4-502
, except
 in the event of an injury resulting
from gross negligence, recklessness, or intentional conduct, [
neither a county nor an agency of
a county nor a donor of an agricultural product participating in good faith in a food donation
program, nor a nonprofit charitable organization receiving, accepting, gleaning, or distributing
any agricultural product donated in good faith to it under this chapter shall be
] 
the following
are not
 liable for damages in [
any
] 
a
 civil action or subject to prosecution in [
any
] 
a
 criminal
proceeding for [
any
] injury that occurs as a result of [
any
] 
an
 act or the omission of [
any
] 
an
act, including injury resulting from ingesting the donated agricultural product[
.
] 
or meat from
wild game:
(1) a county or an agency of a county that participates in good faith in a food donation
program;
(2) a donor of an agricultural product who participates in good faith in a food donation
program;
(3) a donor of wild game meat, including a custom meat processor, who complies with
Section 
4-34-108
 and participates in good faith in a food donation program; or
(4) a nonprofit charitable organization receiving, accepting, gleaning, or distributing an
agricultural product or meat from wild game donated under this chapter in good faith to the
nonprofit charitable organization.
Section 3. Section 
4-34-108
 is enacted to read:
 4-34-108.
Donation of wild game meat.
(1) As used in this section:
(a) "Big game" means the same as that term is defined in Section 
23-13-2
.
(b) "Custom meat processor" means a person who processes meat but is exempt from
licensure under Section 
4-32-106
 as a licensed meat establishment.
(c) "Department" means the Department of Agriculture and Food.
(2) Wild game, including big game, lawfully taken by a licensed hunter may be
donated to a nonprofit charitable organization to feed individuals in need.
(3) Donated wild game meat shall meet the following conditions:
(a) come from an animal in apparent good health before harvest of the animal;
(b) come from an animal with intact intestines;
(c) be field-dressed immediately after harvest of the animal and be handled in a manner
in keeping with generally accepted wild game handling procedures;
(d) be processed by a custom meat processor as soon as possible after harvest of the
animal;
(e) be clearly marked as "not for sale";
(f) be clearly marked as "donated wild game meat" in letters not less than three-eights
of an inch in height; and
(g) may not come from a road-kill animal and a road-kill animal may not be donated
under this section.
(4) (a) A donor or custom meat processor of the wild game meat being donated shall
advise the nonprofit charitable organization receiving the donated wild game meat that the
donated wild game meat should be thoroughly cooked before human consumption.
(b) Before serving donated wild game meat, the nonprofit charitable organization shall
prominently post a sign indicating:
(i) that the donated wild game meat is donated wild game meat;
(ii) the type of meat processing used; and
(iii) that the meat has not been inspected.
(5) The Department of Natural Resources may donate wild game meat in the
Department of Natural Resources' possession if this section is followed.
(6) A person may not buy, sell, or offer for sale or barter donated wild game meat.
(7) The department may examine, sample, seize, or condemn donated wild game meat
if the department has reason to believe that the donated wild game meat is unwholesome under
Chapter 5, Utah Wholesome Food Act.
Section 4. Section 
23-14-14.3
 is enacted to read:
 23-14-14.3.
Donations related to donation of wild game meat -- Wild Game Meat
Donation Fund.
(1) As used in this section:
(a) "Division" means the Division of Wildlife Resources.
(b) "Fund" means the expendable special revenue fund created in this section.
(c) "Nonprofit charitable organization" means the same as that term is defined in
Section 
4-34-102
.
(d) "Wild game" means the same as that term is defined in Section 
4-32-105
.
(2) There is created an expendable special revenue fund known as the "Wild Game
Meat Donation Fund."
(3) The fund consists of:
(a) donations made to the division for the purpose of addressing the processing of wild
game meat that is donated in accordance with Section 
4-34-108
 to a nonprofit charitable
organization to feed individuals in need;
(b) appropriations from the Legislature; and
(c) interest and earnings on the fund.
(4) The state treasurer shall invest the money in the fund according to Title 51, Chapter
7, State Money Management Act, except that interest or other earnings derived from those
investments shall be deposited into the fund.
(5) The division may use money in the fund only to address the processing of wild
game meat that is donated in accordance with Section 
4-34-108
 to a nonprofit charitable
organization to feed individuals in need.
(6) The division shall coordinate with the Department of Agriculture and Food to
implement this section.