First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 11-0494.01 Debbie Haskins       HOUSE BILL 11-1190
                    HOUSE SPONSORSHIP
 Sonnenberg, 
 
                   SENATE SPONSORSHIP
 Jahn, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning limitations on damages against food retailers in
            product liability actions for food-borne illnesses.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill applies to a product liability action brought against a food
       retailer who is not a manufacturer of food but who is deemed to be the
       manufacturer of the food because jurisdiction cannot be obtained over the
       manufacturer.  The bill limits the liability of food retailers who are
       deemed manufacturers for causing an injured party to suffer a food-borne
       illness unless the injured party establishes that:
                 The food retailer introduced into the food the contaminant,
                 agent, defect, or mechanism producing the food-borne
                 illness; or
                 The food retailer has actual knowledge at the time of the
                 sale that the food contained the contaminant, agent, defect,
                 or mechanism producing the food-borne illness or was
                 subject to a recall.
            The bill defines the terms "food", "food-borne illness", and "food
       retailer".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 4 of article 21 of title 13, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            13-21-402.3.  Limited liability of food retailers who are deemed
       manufacturers.  (1)  As used in this section, unless the context
       otherwise requires:
            (a)  "Food" means any food or beverage, including ice,
       chewing gum, and dietary supplements, intended for human or
       animal consumption and articles used for components of any
       such food or beverage.  "Food" includes a packaged food
       product.
            (b)  "Food-borne illness" means any illness or injury that
       is proximately caused to an injured party by the consumption of
       food that is defective, contaminated, spoiled, or unfit for human
       or animal consumption.
            (c)  "Food retailer" means a seller of food who is not a
       manufacturer of the food as defined in section 13-21-401 (1) but
       who is deemed to be the manufacturer of the food pursuant to
       section 13-21-402 (2).
            (2)  No product liability action shall be commenced or
       maintained against a food retailer for causing an injured party
       to suffer a food-borne illness unless the injured party
       establishes:
            (a)  The food retailer introduced into the food the
       contaminant, agent, defect, or mechanism producing the
       food-borne illness; or
            (b)  The food retailer had actual knowledge at the time of
       sale that the food:
            (I)  Contained the contaminant, agent, defect, or
       mechanism producing the food-borne illness; or
            (II)  Was subject to a recall.
            SECTION 2.  Act subject to petition - effective date -
       applicability.  (1)  This act shall take effect at 12:01 a.m. on the day
       following the expiration of the ninety-day period after final adjournment
       of the general assembly (August 10, 2011, if adjournment sine die is on
       May 11, 2011); except that, if a referendum petition is filed pursuant to
       section 1 (3) of article V of the state constitution against this act or an
       item, section, or part of this act within such period, then the act, item,
       section, or part shall not take effect unless approved by the people at the
       general election to be held in November 2012 and shall take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  The provisions of this act shall apply to causes of action filed
       on or after the applicable effective date of this act.