HB1049: HB1049 Donation Without Hesitation Act; enact

26 LC 44 3277 House Bill 1049 By: Representatives Frye of the 122nd, Evans of the 57th, Gisler of the 121st, Sanchez of the 42nd, Bell of the 75th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to1 general provisions regarding torts, so as to limit criminal pen alties and civil damages of2 donors and gleaners that donate food and organizations that acc ept food; to provide for3 construction; to provide for definitions; to provide for a shor t title; to provide for related4 matters; to provide for an effective date and applicability; to repeal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as the "Donation Without Hesitation Act."9 SECTION 2.10 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general11 provisions regarding torts, is amended by revising Code Section 51-1-31, relating to liability12 from donation of canned or perishable food to charitable or nonprofit organizations for use13 or distribution, as follows:14 "51-1-31.15 H. B. 1049 - 1 - 26 LC 44 3277 (a) As used in this Code section, the term:16 (1) 'Canned food' means any food which has been commercially processed and prepared17 for human consumption and which has been commercially packaged in such a manner18 as to remain nonperishable without refrigeration for a reasonable length of time.19 (2) 'Donor' means an individual, corporation, governmental entity, or organization that20 has produced, purchased, or otherwise owns food to be provided to others for no21 consideration. Such term includes, but is not limited to, a farmer, processor, distributor,22 commercial food service operator, wholesaler, or retailer of food, caterer, hotel, motel,23 school, church, religious organization, nonprofit food distributor, or restaurant.24 (3)(2) 'Food' means any substance, whether raw, cooked, processed , or prepared,25 intended for use in whole or in part for human consumption.26 (3) 'Gleaner' means a person who harvests for use or distribution an agricultural crop that27 has been donated by the owner:28 (A) For distribution to individuals for no consideration; or29 (B) To a church, religious organization, or bona fide charitab le or nonprofit30 organization with the ultimate objective of distribution to ind ividuals for no31 consideration.32 (4) 'Perishable food' means any food that may spoil or otherwise become unfit for human33 consumption because of its nature, type, or physical condition. 'Perishable food' includes,34 but is not limited to, table-ready food, cooked foods, fresh or processed meats, poultry,35 seafood, dairy products, bakery products, eggs, fresh fruits or vegetables, and foods that36 have been noncommercially or commercially packaged or that have been frozen or37 otherwise require temperature control to remain nonperishable for a reasonable length of38 time.39 (b) A good faith donor or gleaner of any canned or perishable food apparently fit for40 human consumption who that donates such food to a church, religious organization, or41 bona fide charitable or nonprofit organization for use or distribution shall not be subject to42 H. B. 1049 - 2 - 26 LC 44 3277 criminal penalty or civil damages under the laws of this state arising from the condition of43 the food, including if such food does not meet consumer safety standards imposed by44 federal law or regulation or state law or rule, or is not readi ly marketable due to45 appearance, freshness, grade, surplus, or other conditions, unless an injury is caused by the46 gross negligence, recklessness, or intentional misconduct of the donor or gleaner and47 provided that the donor or gleaner:48 (1) Makes the donation in good faith; and49 (2) Informs the church, religious organization, or bona fide c haritable or nonprofit50 organization of the condition of the food at the time of donation to the best of the donor's51 or gleaner's knowledge.52 (c) A church, religious organization, or bona fide charitable or nonprofit organization53 which accepts any canned or perishable food apparently fit for human consumption from54 a good faith donor or gleaner for use or distribution shall not be subject to criminal penalty55 or civil damages under the laws of this state arising from the condition of the food,56 including if such food does not meet consumer safety standards imposed by federal law or57 regulation or state law or rule, or is not readily marketable due to appearance, freshness,58 grade, surplus, or other conditions, unless an injury is caused by the gross negligence,59 recklessness, or intentional misconduct of the church, religious organization, or bona fide60 charitable or nonprofit organization and provided that the church, religious organization,61 or bona fide charitable or nonprofit organization has accepted or further distributed the62 donation in good faith.63 (d) The provisions of this Code section apply to the good fait h donation of canned or64 perishable food not readily marketable due to appearance, fresh ness, grade, surplus, or65 other such considerations.66 (e) The provisions of this Code section shall not be construed to restrict the authority of67 any lawful agency otherwise to regulate or ban the use of food for human consumption."68 H. B. 1049 - 3 - 26 LC 44 3277 SECTION 3.69 This Act shall become effective on July 1, 2026, and shall be applicable to causes of action70 accruing on or after July 1, 2026.71 SECTION 4.72 All laws and parts of laws in conflict with this Act are repealed.73 H. B. 1049 - 4 -