HF 118

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; prohibiting actions against
certain persons for weight gain as a result of
consuming certain foods; proposing coding for new law
in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.17] PERSONAL RESPONSIBILITY IN FOOD
CONSUMPTION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This act may be cited as the
Personal Responsibility in Food Consumption Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section
the following terms have the meanings given.
new text end

new text begin (b) "Long-term consumption" means the cumulative effect of
the consumption of food or nonalcoholic beverages, and not the
effect of a single instance of consumption.
new text end

new text begin (c) "Party" means an individual, corporation, company,
association, firm, partnership, society, joint stock company, or
any other entity, including any governmental entity.
new text end

new text begin Subd. 3. new text end

new text begin Immunity from civil liability. new text end

new text begin A producer,
grower, manufacturer, packer, distributor, carrier, holder,
marketer, or seller of a food or nonalcoholic beverage intended
for human consumption, or an association of one or more of such
entities, shall not be subject to civil liability based on any
individual's or group of individuals' purchase or consumption of
food or nonalcoholic beverages in cases where liability arises
from weight gain, obesity, or a health condition associated with
weight gain or obesity and resulting from the individual's or
group of individuals' long-term purchase or consumption of a
food or nonalcoholic beverage.
new text end

new text begin Subd. 4. new text end

new text begin Actions permitted. new text end

new text begin Subdivision 3 does not apply
to a claim of weight gain or obesity that is based on:
new text end

new text begin (1) a material violation of an adulteration or misbranding
requirement prescribed by state or federal statute, rule, or
regulation and the claimed injury was proximately caused by the
violation; or
new text end

new text begin (2) any other material violation of federal or state law
applicable to the manufacturing, marketing, distribution,
advertising, labeling, or sale of food, if the violation is
knowing and willful, and the claimed injury was proximately
caused by the violation.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment
and applies to any action brought by any party on or after the
effective date.
new text end