Limiting liability for food dealers and owners of commercial vehicles who donate food to an Iowa food bank association

GENERAL. Code chapter 190B currently consists of two subchapters; subchapter I provides for the farm to food donation tax credit and subchapter II provides for the Iowa emergency food purchase program. This bill creates a new subchapter shielding a food dealer or the owner of a commercial vehicle from civil liability when donating food to an Iowa food bank association (IFBA). SHIELD FROM CIVIL LIABILITY. The shield from civil liability applies to a food dealer when preparing or distributing the food under the regulatory authority of the department of inspections, appeals, and licensing (DIAL), or the department of agriculture and land stewardship (DALS). The shield also applies to the owner of a commercial vehicle when transporting such food. However, the shield only applies under certain circumstances. The food dealer or owner must not have had actual knowledge that the food would likely cause harm to an individual consuming the food in a normal manner. The shield only applies to a food dealer or to an owner of a commercial vehicle operating under a valid license. In addition, the food dealer or commercial vehicle owner must comply with required time and temperature controls for safety to limit pathogenic microorganism growth or toxin formation. The food dealer or owner cannot have declared the evidently safe food to be unsafe, or intentionally falsely advertised the evidently safe food to the IFBA. EVIDENTLY SAFE FOOD. Evidently safe food is defined as food that a reasonable person would consider to be safe to consume, if such person had all information regarding why the food could be considered unfit or unmarketable for retail sale due to a failure to comply with health and safety requirements. Evidently safe food does not include food that is regulated as alcohol, or subject to a government-issued stop order or court-issued injunction. FOOD DEALER, OWNER, AND IFBA. A food dealer refers to a food establishment or food processing plant regulated (licensed) by DIAL under Code chapter 137F.1).1).3A). An owner refers to the owner of a commercial vehicle required to be regulated (licensed) by the state department of transportation under Code chapter 321.1), among other things.201).