HF 994

as introduced - 85th Legislature (2007 - 2008) 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.

[604.18] PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION
ACT.

Subdivision 1.

Title.

This act may be cited as the Personal Responsibility in Food
Consumption Act.

Subd. 2.

Definitions.

(a) For purposes of this section the following terms have
the meanings given.

(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.

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

Subd. 3.

Immunity from civil liability.

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, must 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.

Subd. 4.

Actions permitted.

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

(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

(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.

Sec. 2. EFFECTIVE DATE.

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