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H. B. No. 89 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives Wachtmann, Garrison, Fessler, McGregor, J., Healy, Evans, Wagner, Seitz, Stebelton, Setzer, Latta, Combs, Adams, Hite, Webster, Blessing
A BILL
To amend section 2305.37 of the Revised Code to provide persons who donate consumer goods to a charitable agency with qualified immunity from civil liability for harm that allegedly arises because the consumer goods are not fit for use and to establish a qualified immunity from civil liability for certain charitable agencies that distribute perishable food or consumer goods free of charge to individuals in need.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That section 2305.37 of the Revised Code be amended to read as follows:
Sec. 2305.37. (A) As used in this section: (1) "Agency" means any nonhospital, charitable nonprofit
corporation that is organized and operated pursuant to Chapter
1702. of the Revised Code and that satisfies both of the
following, or any
nonhospital, charitable association, group,
institution, organization, or
society that is
not organized and
not operated for profit and that satisfies both
of the following: (a) It distributes consumer goods or perishable food, directly or indirectly,
to individuals in need. (b) It does not charge or accept any form of compensation
from the individuals in need for the distribution of the consumer goods or
perishable food to them. (2) "Consumer goods" means items of tangible personal property other than food that are used primarily for personal, family, or household purposes.
(3) "Food service operation" has the same meaning as in
section 3717.01 of the Revised Code. (3)(4) "Food that is gleaned" means perishable food that
remains on a farm or
other real property and that the owner,
lessee, renter, or operator of the
property permits one or more
persons to salvage free-of-charge for subsequent
donation to one
or more agencies.
(4)(5) "Harm" means injury, death, or loss to person or
property.
(5)(6) "Hospital" has the same meaning as in section 2108.01,
3701.01, or 5122.01 of the Revised Code.
(6)(7) "Individuals in need" means those persons who an
agency
determines are eligible to receive free distributions of consumer goods or
perishable food because of poverty, illness, disability, infancy,
or other conditions or circumstances that may result in persons
having a need to receive free distributions of consumer goods or perishable food.
(7)(8) "Perishable food" means any food that may spoil or
otherwise become unfit for human consumption because of its
nature, age, or physical condition. "Perishable food" includes,
but is not limited to, fresh meats, processed meats, poultry,
fish
and other seafood, dairy products, bakery products, eggs in
the
shell, fresh fruits, fresh vegetables, food that is gleaned, food
that is
packaged, refrigerated, or frozen, food that is canned,
and prepared or
other food that has not been served by a
restaurant, cafeteria,
hospital, hotel, caterer, or other food
service operation to any
customer, patient, or other person in the
ordinary course of
business, by a public or private school,
college, university, or
other educational institution to a student
or another person on
the premises in the ordinary course of the
operation of the
institution, or by a fraternal, veteran's, or
other organization
to its members or other persons on the premises
in the ordinary
course of the operation of the organization.
(8)(9) "Person" has the same meaning as in section 1.59 of
the
Revised Code and additionally includes governmental entities.
(9)(10) "Sale date" has the same meaning as in section
3715.171
of the Revised Code.
(10)(11) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim
that is subject to sections
2307.71 to 2307.80 of the Revised Code but does not
include a
civil action for a breach of contract or another agreement
between
persons.
(B) Notwithstanding Chapter 3715. of the Revised Code, a
person who, in good faith, donates perishable food to an agency
is
not liable in damages in a tort action for harm that allegedly
arises because that perishable food, when distributed by the
agency or any other agency to a particular individual in need, is
not fit for human consumption, if both of the following apply: (1) Prior to the donation of the perishable food to the
agency, the person determines that the perishable food will be
fit
for human consumption at the time of its donation. A
presumption
favoring liability does not arise because the
perishable food is
donated to an agency on or after an applicable
sale date. (2) The person does not make the determination that the
perishable food will be fit for human consumption at the time of
its donation to the agency in a manner that constitutes gross
negligence
or willful or wanton misconduct. (C) A person who, in good faith, donates consumer goods to an agency is not liable in damages in a tort action for harm that allegedly arises because those consumer goods are not fit for use at the time the agency or any other agency distributes them to a particular individual in need, if both of the following apply:
(1) Prior to the donation of the consumer goods to the agency, the person determines that the consumer goods will be fit for use at the time of their donation. A presumption favoring liability does not arise because the consumer goods are in packaging that has been damaged.
(2) The person does not make the determination that the consumer goods will be fit for use at the time of their donation to the agency in a manner that constitutes gross negligence or willful or wanton misconduct.
(D) Notwithstanding Chapter 3715. of the Revised Code, an agency that, in good faith, distributes consumer goods or perishable food to a particular individual in need is not liable in damages in a tort action for harm that allegedly arises because those consumer goods are not fit for use or that perishable food is not fit for human consumption if both of the following apply: (1) Prior to the distribution of the consumer goods or perishable food to the individual, the agency determines that the consumer goods will be fit for use or the perishable food will be fit for human consumption at the time of its distribution. A presumption favoring liability does not arise because the consumer goods are in packaging that has been damaged or because the perishable food is distributed to an individual on or after an applicable sale date. (2) The agency does not make the determination that the consumer goods will be fit for use or the perishable food will be fit for human consumption at the time of its distribution to the individual in a manner that constitutes gross negligence or willful or wanton misconduct.
(E)(1) This section does not create a new cause of action or
substantive
legal right against persons who donate consumer goods or perishable food
to an agency or against agencies that distribute consumer goods or perishable food to an individual in need. (2) This section does not affect any immunities from or
defenses to tort
liability established by another section of the
Revised Code or
available at common law to which persons who
donate consumer goods or perishable
food other than to agencies, or to which agencies that distribute consumer goods or perishable food other than to individuals in need, may be entitled.
Section 2. That existing section 2305.37 of the Revised Code is hereby repealed.
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