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Emergency Law Inventory | Full Law Text

Law Number

R.R.S. Neb. 25-21,189(1), (2)

Summary Title

Liability: Food Donation

Summary

An individual who, in good faith, donates food apparently fit for human consumption, 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.

Full Title

Food; donations; limitations on liability

Full Text

(1) For purposes of this section: (a) Food shall mean articles used for food or drink for humans or animals and articles used for components of any such article; and (b) Raw agricultural product shall mean any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing. (2) Notwithstanding any other provisions of the law of this state, any person who makes a good faith donation to a charitable or nonprofit organization of prepared or perishable food or raw agricultural products which appear to be fit for human consumption when donated shall not be liable for damages in any civil action for any injury or death because of the condition of such food unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor.

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