Liability: Food Donation
An individual, who, in good faith, donates food, will not be held legally responsible for the condition of the food. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.
Donors and Distributors of Food
I. As used in this section: (a) “Donor” means any person, corporation, unincorporated business entity, non-profit corporation or entity which donates food or harvests food for distribution. “Donor” includes any non-profit “food bank” which shall collect, store and distribute food without charge or at a charge sufficient only to cover the cost of handling and administering such food and the distribution thereof. “Donor” includes the employees, agents, officers or volunteers working for or with any donor in connection with the giving or distribution of food. (b) “Food” means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption or for feeding of animals. “Food” also means food items open-dated for which the date has passed. II. The good faith donor of any food to a needy individual or individuals or to a bona fide charitable or non-profit organization for distribution or serving by such organization without charge or at a charge sufficient only to cover the cost of handling and administering such food and the distribution thereof, or to a person for uses such as animal feed or composting, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of the donor; provided, however, that at the time of donation such food is not knowingly misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable rules of the department of health and human services, or unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor.