ENROLLED HOUSE
BILL NO. 1542 By: Moore, Pittman, and Newton of the House
and
Stanley
of the Senate
An Act relating to torts; defining terms; providing immunity
from civil liability for restaurants that donate food; providing exceptions;
providing date for application of immunity to civil actions; providing for
codification; and providing an effective date.
SUBJECT: Torts
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 33.1 of Title 76, unless
there is created a duplication in numbering, reads as follows:
A. As used in this
section:
1. "Food" means
unserved perishable, salvageable food that has been properly preserved for
human consumption; and
2. "Restaurant"
means any eating establishment regardless of seating capacity including public
school district cafeterias.
B. Any restaurant that,
in good faith and without compensation, donates food which is prepared and
subsequently donated by the restaurant shall not be liable for damages caused
by the condition of the food, unless the damages by the restaurant result from
an intentional act, omission, gross negligence or the restaurant knew or should
have known of the condition of the food that resulted in the damages.
C. This section shall
apply to all civil actions filed on or after November 1, 2023.
SECTION 2.
This act shall become effective November 1, 2023.
Passed the
House of Representatives the 7th day of March, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 17th day of
April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________