Limit Liability For Food Donations To Nonprofits

Correctional facilities, school districts, hospitals, and retail food establishments are encouraged to donate apparently wholesome food to local nonprofit organizations for distribution to needy or poor individuals. Correctional facilities, school districts, and hospitals that donate items of food to nonprofit organizations are provided limited immunity from civil and criminal liability, which limited immunity state law already provided to donor retail food establishments. The immunity does not apply to willful, wanton, or reckless acts of donors that result in injury to recipients of the donated foods.

A farmer who allows one or more individuals to enter the farmer's property for the purpose of gleaning produce for donation to a nonprofit organization for use or distribution in providing assistance to needy or poor persons is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from an injury to any such individual unless the injury results from a willful or wanton act or omission of the farmer.

(Note: This summary applies to this bill as enacted.)