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HB2258: Charitable organizations; exceptions for those that engage in food distribution to needy.

HOUSE BILL NO. 2258
Offered January 10, 2007
Prefiled January 9, 2007
A BILL to amend and reenact § 35.1-14.2 of the Code of Virginia, relating to donations of food to charitable organizations; exception to regulations.
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Patrons-- Rust, Albo, Amundson, Bulova, Caputo, Ebbin, Marsden, Plum, Scott, J.M. and Watts; Senators: Cuccinelli, Herring, Howell and Puller
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:

1.  That § 35.1-14.2 of the Code of Virginia is amended and reenacted as follows:

§ 35.1-14.2. Donations of food to charitable organizations.

A. Any restaurant, licensed by the Department of Health pursuant to this title and any processor, distributor, wholesaler or retailer of food, including, but not limited to, a grocery, convenience, or other store selling food or food products, may donate unserved excess foods to any charity organization which that is exempt from taxation under 26 U.S.C. § 501 (c) (3), and to political subdivisions for distribution to needy persons. Charitable organizations engaged in food distribution programs for needy persons shall notify the local political subdivision of their programs. Upon the notification of such food distribution programs by such charitable organizations, the local political subdivision shall provide a list of such charitable organizations within its jurisdiction to those restaurants and other food suppliers who request such information. Organizations engaged in such food distribution programs shall be exempt from civil liability as provided in § 3.1-418.1 for the donors of the food.

B. Charitable organizations prior to engaging in food distribution programs for needy persons shall comply with the applicable regulations, including those adopted pursuant to §§ 35.1-11 and 35.1-14 and with the provisions of §§ 35.1-18 and 35.1-21., with the exception of any state or local regulations that require commercial-grade kitchens or equipment. For purposes of the exception provided in this subsection, "charitable organizations" shall include nonprofit homeless shelters, homeless and hunger prevention programs, and any volunteer who prepares food for such organizations.

2. That an emergency exists and this act is in force from its passage.

Additional Data

Explanation

This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.

Words that are highlighted in yellow are proposed additions, and words that are crossed out in red are proposed removals.

The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.