California 2017-2018 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

AB 1219 — Food donations.

Last action — Chaptered by Secretary of State - Chapter 619, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law specifies that a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank is not liable for any damage or injury resulting from the consumption of the donated food, unless the injury resulted from negligence or a willful act in the preparation or handling of the donated food. This bill, the California Good Samaritan Food Donation Act, would expand these provisions to persons and gleaners who donate food, as defined. The bill would narrow the exception to protection from liability to injury resulting from gross negligence or intentional misconduct. The bill would specify that the immunity from civil liability provided by these provisions applies to the donation of food that is fit for human consumption and that has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would authorize food facilities to donate food directly to end recipients for consumption. Existing law specifies that a nonprofit charitable organization or food bank is not liable for an injury or death from distributing food without charge that is fit for human consumption unless the injury or death is a direct result of negligence, recklessness, or intentional misconduct. This bill would narrow the exception to protection from liability to injury or death as a direct result of gross negligence or intentional misconduct. Existing law authorizes a person engaged in the business of processing, distributing, or selling an agricultural product to donate, free of charge, a product that is in a condition that it may be used as food for human beings, to a nonprofit charitable organization. Existing law limits the liability of a county, its agencies, and persons who donate agricultural products. Existing law provides that these provisions do not relieve any nonprofit charitable organization from any liability for any injury, including, but not limited to, injury resulting from the ingesting of an agricultural product, as a result of receiving, accepting, gathering, or removing any donated agricultural product. This bill would expand this provision to include a gleaner and also authorize food facilities to donate food directly to end recipients for consumption. The bill would specify that these donations are protected under this act if the donated food has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would repeal these provisions relating to not relieving nonprofit charitable organizations from liability for injuries. Existing law authorizes a food facility to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Existing law exempts a food facility that donates food from civil or criminal liability or penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any other laws, regulations, or ordinances, for a violation occurring after the time of the donation. This bill would also authorize a person or gleaner to donate food to a food bank or to a nonprofit charitable organization and exempt the person or gleaner from civil or criminal liability relating to the donated food. The bill would also expand these provisions to include the donation of food by food facilities directly to end recipients. The bill would specify that the immunity from civil or criminal liability or penalty applies to the donation of food that has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would require enforcement officers to promote the recovery of food fit for human consumption, as specified. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program. The bill would make other conforming and nonsubstantive changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 619, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3302.).

  5. Assembly Rule 77(a) suspended. (Page 3254.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 14 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2705.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Ordered to third reading.

  11. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  12. In Senate. Held at Desk.

  13. Ordered to the Senate.

  14. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  15. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2230.).

  16. Read second time. Ordered to Consent Calendar.

  17. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  18. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11).

  20. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 21). Re-referred to Com. on JUD.

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  22. Referred to Coms. on HEALTH and JUD.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1377.)

  25. Read third time and amended. Ordered to third reading. (Page 1305.)

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 16. Noes 0.) (April 26).

  28. Re-referred to Com. on APPR.

  29. Read second time and amended.

  30. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (March 28).

  31. Coauthors revised.

  32. Re-referred to Com. on JUD.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  34. Referred to Com. on JUD.

  35. From printer. May be heard in committee March 21.

  36. Read first time. To print.

Sponsors

  • Salas · Cosponsor
  • Anderson · Cosponsor
  • Chiu · Cosponsor
  • Chávez · Cosponsor
  • Eggman · Primary
  • Dodd · Cosponsor
  • Hertzberg · Cosponsor
  • Jones-Sawyer · Cosponsor
  • Tom Lackey · Cosponsor
  • Mathis · Cosponsor
  • Waldron · Cosponsor
  • Robert Garcia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 11 co-sponsors · 110 not signed on

Sponsors (1)

  • Eggman

Co-sponsors (11)

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1219 EGGMAN Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 15000
Republican 6000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Voepel — Yea
Waldron — Yea
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Rubio — Yea
Salas — Yea
Harper — Yea
Holden — Yea
Kiley — Yea
Levine — Yea
Bocanegra — Yea
Fong — Yea
Gray — Yea
Low — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1219 Eggman et al. By Dodd

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bates — Yea
Bradford — Yea
Hill — Yea
Hueso — Yea
Mendoza — Yea
Moorlach — Yea
Newman — Yea
Nielsen — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Glazer — Yea
Hertzberg — Yea
Lara — Yea
Allen — Yea
De León — Yea
Anderson — Yea
Leyva — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Hernandez — Not Voting
Beall — Yea
Dodd — Yea
Skinner — Yea
Vidak — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Consent Calendar 2nd AB1219

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hernandez — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Newman — Yea
Skinner — Not Voting
Wilk — Yea
Fuller — Yea
Glazer — Yea
Allen — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
De León — Not Voting
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Beall — Yea
Dodd — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1219 EGGMAN Assembly Third Reading

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 52005
Democratic 16000
Republican 6001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Harper — Yea
Maienschein — Yea
Mathis — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Weber — Yea
Eggman — Yea
Dababneh — Yea
Gloria — Yea
Friedman — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Holden — Yea
Low — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Yea
Voepel — Yea
Frazier — Yea
Rubio — Yea
Gomez — Yea
Salas — Yea
Bocanegra — Yea
Burke — Yea
Chau — Yea
Gray — Yea
Jones-Sawyer — Not Voting
Kiley — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Chávez — Yea
Baker — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Ridley-Thomas — Not Voting
Santiago — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 4000
Republican 0001
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Yea
Eggman — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
McCarty — Yea
Obernolte — Yea
Chau — Yea
Bigelow — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

public-safety agriculture
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Frequently asked questions

What does AB 1219 do?
Existing law specifies that a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank is not liable for any damage or injury resulting from the consumption of the donated food, unless the injury resulted from negligence or a willful act in the preparation or handling of the donated food. This bill, the California Good Samaritan Food Donation Act, would expand these provisions to persons and gleaners who donate food, as defined. The bill would narrow the exception to protection from liability to injury resulting from gross negligence or intentional misconduct. The bill would specify that the immunity from civil liability provided by these provisions applies to the donation of food that is fit for human consumption and that has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would authorize food facilities to donate food directly to end recipients for consumption. Existing law specifies that a nonprofit charitable organization or food bank is not liable for an injury or death from distributing food without charge that is fit for human consumption unless the injury or death is a direct result of negligence, recklessness, or intentional misconduct. This bill would narrow the exception to protection from liability to injury or death as a direct result of gross negligence or intentional misconduct. Existing law authorizes a person engaged in the business of processing, distributing, or selling an agricultural product to donate, free of charge, a product that is in a condition that it may be used as food for human beings, to a nonprofit charitable organization. Existing law limits the liability of a county, its agencies, and persons who donate agricultural products. Existing law provides that these provisions do not relieve any nonprofit charitable organization from any liability for any injury, including, but not limited to, injury resulting from the ingesting of an agricultural product, as a result of receiving, accepting, gathering, or removing any donated agricultural product. This bill would expand this provision to include a gleaner and also authorize food facilities to donate food directly to end recipients for consumption. The bill would specify that these donations are protected under this act if the donated food has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would repeal these provisions relating to not relieving nonprofit charitable organizations from liability for injuries. Existing law authorizes a food facility to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Existing law exempts a food facility that donates food from civil or criminal liability or penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any other laws, regulations, or ordinances, for a violation occurring after the time of the donation. This bill would also authorize a person or gleaner to donate food to a food bank or to a nonprofit charitable organization and exempt the person or gleaner from civil or criminal liability relating to the donated food. The bill would also expand these provisions to include the donation of food by food facilities directly to end recipients. The bill would specify that the immunity from civil or criminal liability or penalty applies to the donation of food that has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would require enforcement officers to promote the recovery of food fit for human consumption, as specified. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program. The bill would make other conforming and nonsubstantive changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 1219?
AB 1219 is sponsored by Salas, Anderson, Chiu, Chávez, Eggman, Dodd, Hertzberg, Jones-Sawyer, Lackey, Tom (Republican), Mathis, Waldron, and Garcia, Robert (Democratic).
What is the current status of AB 1219?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1219?
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