Sec. 1. 14 MRSA §170 is enacted to read:

§170.__Consumption of food

1.__Defense.__A person or business entity that serves food is not liable for the obesity or excessive weight gain of a customer as a result of the customer's long-term consumption of food from that person or entity.

2.__Exceptions.__This section does not apply when a person or business entity that serves food alters or misbrands a food product in violation of state or federal law or knowingly and willfully violates state or federal law relating to the manufacture, marketing, distribution, advertising, labeling or sale of food and the violation is a proximate cause of a customer's obesity or excessive weight gain.__For purposes of this subsection, "knowingly and willfully" means the conduct is committed with the intent to deceive or injure consumers or with actual knowledge that the conduct is injurious to consumers and is not required by a local, state or federal governmental law or agency.

SUMMARY

This bill creates a defense for a person or business entity that serves food from claims of obesity of or excessive weight gain by consumers as a result of their long-term consumption of food from that person or entity. Exceptions to this defense are instances in which food items are altered or misbranded and certain cases of other knowing and willful violations of state or federal law.