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HF 264

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/20/2011 03:15pm

KEY: stricken = removed, old language. underscored = added, new language.

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Engrossments

Introduction Pdf Posted on 01/31/2011
1st Engrossment Pdf Posted on 04/18/2011
2nd Engrossment Pdf Posted on 05/20/2011

Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to civil actions; prohibiting actions against certain persons for weight
1.3gain as a result of consuming certain foods;proposing coding for new law in
1.4Minnesota Statutes, chapter 604.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [604.191] PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION
1.7ACT.
1.8    Subdivision 1. Title. This act may be cited as the Personal Responsibility in Food
1.9Consumption Act.
1.10    Subd. 2. Definitions. (a) For purposes of this section the following terms have
1.11the meanings given.
1.12(b) "Food" has the meaning given in United States Code, title 21, section 321(f),
1.13but does not include a "dietary supplement" as defined in United States Code, title 21,
1.14section 321(ff).
1.15    (c) "Long-term consumption" means the cumulative effect of the consumption of
1.16food or nonalcoholic beverages, and not the effect of a single instance of consumption.
1.17    (d) "Party" means an individual, corporation, company, association, firm, partnership,
1.18society, joint stock company, or any other entity, including any governmental entity.
1.19    Subd. 3. Immunity from civil liability. A producer, grower, manufacturer, packer,
1.20distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended
1.21for human consumption, or an association of one or more of such entities, must not be
1.22subject to civil liability based on any individual's or group of individuals' purchase or
1.23consumption of food or nonalcoholic beverages in cases where liability arises from weight
1.24gain, obesity, or a health condition associated with weight gain or obesity and resulting
2.1from the individual's or group of individuals' long-term purchase or consumption of a
2.2food or nonalcoholic beverage.
2.3    Subd. 4. Actions permitted. Subdivision 3 does not apply to a claim of weight
2.4gain or obesity that is based on:
2.5    (1) a material violation of an adulteration or misbranding requirement prescribed
2.6by state or federal statute, rule, or regulation and the claimed injury was proximately
2.7caused by the violation; or
2.8    (2) any other material violation of federal or state law applicable to the
2.9manufacturing, marketing, distribution, advertising, labeling, or sale of food, if the
2.10violation is knowing and willful, and the claimed injury was proximately caused by the
2.11violation.

2.12    Sec. 2. EFFECTIVE DATE.
2.13    Section 1 is effective the day following final enactment and applies to any action
2.14brought by any party on or after the effective date.

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