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Emergency Law Inventory | Full Law Text

Law Number

12 V.S.A. 5762

Summary Title

Liability: Food Donation

Summary

An individual who, in good faith, donates canned or perishable food to a person or a nonprofit organization will not be held legally responsible for the condition of the food as long as the individual checked the condition of the food before donating it and was not aware or had no reason to be aware of the food’s poor condition.

Full Title

Liability for canned or perishable foods or farm products distributed free of charge

Full Text

(a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable food or farm product, apparently fit for human consumption, who donates to a person for consumption, or to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, if the said donor reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption and unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated or harmful to the health or well-being of the person consuming said food. (b) This section includes the good faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus or other considerations, but shall not be deemed or construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of such food for human consumption.