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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
ENACTED
FACT SHEET FOR S.B. 1167/H.B. 2335
unlawful food or drink contamination
Purpose
Prohibits, and establishes penalties for, intentionally introducing, adding or mingling any bodily fluid or foreign object not intended for human consumption with specified products intended for human consumption.
Background
It is unlawful for a person to knowingly: 1) introduce, add or mingle any poison, bacterium, virus or chemical compound into any spring, well, reservoir, water, food, drink, medicine or other product intended for human consumption or to be applied to the body; or 2) place a needle, razor blade or any other harmful object or substance in any water, food, drink or medicine to be taken by a human being. Adding poison or any other harmful substance to food, drink or medicine is a class 6 felony (A.R.S. § 13-3704).
A person commits criminal nuisance if, by conduct either unlawful in itself or unreasonable under the circumstances, the person recklessly creates or maintains a condition that endangers the safety or health of others. Criminal nuisance is a class 3 misdemeanor (A.R.S. § 13-2908).
Any spoiled or contaminated food or drink intended for human consumption is a public nuisance dangerous to the public health (A.R.S. § 36-601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from intentionally introducing, adding or mingling any bodily fluid or foreign object not intended for human consumption with:
a) water;
b) food;
c) drink; or
d) other product intended for consumption by another human being.
2. Classifies, as a class 1 misdemeanor, intentional contamination of water, food, drink or other product for human consumption if:
a) a human being consumes the contaminated product; or
b) the damage caused by the contamination is at least $1,000.
3. Classifies, as a class 2 misdemeanor, intentional contamination of water, food, drink or other product for human consumption if:
a) no human being consumes the contaminated product; and
b) the damage caused by the contamination is less than $1,000.
4. Allows the calculation of damages caused by the contamination to include:
a) the cost to clean and sanitize the contaminated area; and
b) any monetary compensation given to a human being who consumed the contaminated water, food, drink or other product.
5. Becomes effective on the general effective date.
Senate Action House Action
COM 1/27/21 DP 8-1-0 JUD 2/3/21 DP 10-0-0-0
3rd Read 2/9/21 20-9-1 3rd Read 2/11/21 56-3-1
(S.B. 1167 was substituted for H.B. 2335 on
3rd Read)
Signed by the Governor 2/18/21
Chapter 30
Prepared by Senate Research
March 12, 2021
LB/MC/kja