HB 226 DE

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Became Law

Subchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. This Act removes the exemption from liability for donation of prepared food from Title 10 so that the exemption no longer appears in both Title 10 and Title 16. The Act also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.

• Andria L. Bennett · primary
• Stephanie L. Hansen Democratic · primary
• Brian Pettyjohn Republican · primary
• Gerald L. Brady · primary
• Larry Lambert Democratic · primary
• Jeffrey N. Spiegelman Republican · primary

1. Jun 3, 2021 Introduced and Assigned to Health & Human Development Committee in House · lower
2. Jun 8, 2021 Amendment HA 1 to HB 226 - Introduced and Placed With Bill · lower
3. Jun 9, 2021 Reported Out of Committee (Health & Human Development) in House with 4 Favorable, 7 On Its Merits · lower
4. Jun 17, 2021 Amendment HA 1 to HB 226 - Passed In House by Voice Vote · lower
5. Jun 17, 2021 Passed By House. Votes: 41 YES · lower
6. Jun 17, 2021 Assigned to Health & Social Services Committee in Senate · upper
7. Jun 22, 2021 Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 2 On Its Merits · upper
8. Jun 24, 2021 Passed By Senate. Votes: 21 YES · upper
9. Sep 17, 2021 Signed by Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Bill Text · HTML
• Bill Text · PDF
• HA 1 to HB 226 · PDF
• HA 1 to HB 226 · HTML