|
REFERENCE TITLE: community fridge; liability; prohibition |
|
State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
|
|
HB 2468 |
|
|
|
Introduced by Representative Ortiz: Senator Hernandez
|
An Act
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.50; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.29; amending section 36-916, Arizona Revised Statutes; relating to food donation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.50, to read:
9-500.50. Prohibition on preemption of community fridges; definitions
A. A city or town may not prohibit or otherwise restrict the existence or use of a community fridge that is offered and maintained by a person or a charitable organization.
b. For the purposes of this section:
1. "Charitable organization" means either of the following:
(a) A person or organization determined by the internal revenue service to be a tax exempt organization pursuant to section 501(c)(3) of the internal revenue code.
(b) An organization that is operated for humanitarian purposes and not for profit, regardless of the organization's tax status.
2. "community fridge" means any indoor or outdoor refrigerator that supplies donated foods to the community not for profit.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.29, to read:
11-269.29. Prohibition on preemption of community fridges; definitions
A. A county may not prohibit or otherwise restrict the existence or use of a community fridge that is offered and maintained by a person or a charitable organization.
b. For the purposes of this section:
1. "Charitable organization" means either of the following:
(a) A person or organization determined by the internal revenue service to be a tax exempt organization pursuant to section 501(c)(3) of the internal revenue code.
(b) An organization that is operated for humanitarian purposes and not for profit, regardless of the organization's tax status.
2. "community fridge" means any indoor or outdoor refrigerator that supplies donated foods to the community not for profit.
Sec. 3. Section 36-916, Arizona Revised Statutes, is amended to read:
36-916. Donation of food items; exemption from civil liability; definitions
A. A person who makes a good faith good-faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization, or to an operator of a community fridge or to any other person is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor.
B. A person who harvests an apparently wholesome food item and makes a good faith good-faith donation of the apparently wholesome food item to a charitable or nonprofit organization, or to an operator of a community fridge or to any other person is entitled to the same exemption from civil liability as prescribed in subsection A of this section.
C. A charitable or nonprofit organization or an officer, employee or volunteer of the organization or an operator of a community fridge that in good faith receives and distributes, without charge, or any other person who in good faith receives and distributes, without charge, to an immediate family member, a donation of an apparently wholesome food item or an apparently fit nonfood grocery product is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donating person, or the organization or its officers, employees or volunteer workers or the operator of the community fridge.
D. If the owner or manager of property allows a person to glean food on that property for gratuitous distribution by that person, or by a charitable or nonprofit organization or by an operator of a community fridge, the owner and manager are not liable for damages in any civil action for the injury or death of the person making the collection unless the injury or death is the direct result of the intentional misconduct or gross negligence of the owner or manager.
E. A person who makes a good faith good-faITH donation to a charitable or nonprofit organization or AN operator of a community fridge of a food item or a nonfood grocery product that does not meet all quality and labeling standards imposed by federal, state and local laws and regulations is entitled to the same exemption from civil liability as prescribed in subsection A OF THIS SECTION if the person making the donation informs the charitable or nonprofit organization or the operator of the community fridge that the food item or nonfood grocery product does not meet those quality and labeling standards and the organization agrees to recondition the donation to comply with all applicable quality and labeling standards before its distribution.
F. A charitable or nonprofit organization or an officer, employee or volunteer of the organization or AN operator of a community fridge that in good faith receives and distributes, without charge to the recipient, a donation of a food item or a nonfood grocery product that it knows or has reason to know does not meet all quality and labeling standards imposed by federal, state and local laws and regulations is entitled to the same exemption from civil liability as prescribed in subsection C OF THIS SECTION if the organization or its officers, employees or volunteers recondition OR THE OPERATOR OF THE COMMUNITY FRIDGE RECONDITIONS the food item or nonfood grocery product in accordance with all applicable quality and labeling standards.
G. The director may enforce the provisions of this section in any manner not specifically prohibited by this article.
H. For the purposes of this section:
1. "community fridge" has the same meaning prescribed in section 9-500.50.
1. 2. "Donation" means an item that is given for a fee significantly less than the value of the item or without requiring anything of monetary value from the charitable or nonprofit organization, THE OPERATOR OF THE COMMUNITY FRIDGE or any other person if the item is ultimately intended for gratuitous distribution.
2. 3. "Fit nonfood grocery product":
(a) means a nonfood grocery product that meets all quality and labeling standards imposed by federal, state and local laws and regulations, including a product not readily marketable due to any condition, such as packaging, appearance, age, surplus or size. and
(b) includes any household or industrial cleaning product, disposable paper or plastic product, personal hygiene product, cleaning equipment or cooking utensil.
3. 4. "Glean" means to gather or collect an agricultural crop that is donated by an owner or manager of property.
4. 5. "Wholesome food item" means a raw, cooked, processed or prepared edible substance or beverage that is intended for human consumption and that meets all quality and labeling standards imposed by federal, state and local laws and regulations, including food not readily marketable due to any condition, such as packaging, appearance, age, freshness, grade, surplus or size.