36-916. Donation of food items; exemption from civil liability; definitions

A. A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization or to any other person is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor.

B. A person who harvests an apparently wholesome food item and makes a good faith donation of the apparently wholesome food item to a charitable or nonprofit organization or to any other person is entitled to the same exemption from civil liability as prescribed in subsection A.

C. A charitable or nonprofit organization or an officer, employee or volunteer of the organization that in good faith receives and distributes, without charge or any other person who in good faith receives and distributes, without charge, to an immediate family member, a donation of an apparently wholesome food item or an apparently fit nonfood grocery product is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donating person or organization or its officers, employees or volunteer workers.

D. If the owner or manager of property allows a person to glean food on that property for gratuitous distribution by that person or a charitable or nonprofit organization, the owner and manager are not liable for damages in any civil action for the injury or death of the person making the collection unless the injury or death is the direct result of the intentional misconduct or gross negligence of the owner or manager.

E. A person who makes a good faith donation to a charitable or nonprofit organization of a food item or a nonfood grocery product that does not meet all quality and labeling standards imposed by federal, state and local laws and regulations is entitled to the same exemption from civil liability as prescribed in subsection A if the person making the donation informs the charitable or nonprofit organization that the food item or nonfood grocery product does not meet those quality and labeling standards and the organization agrees to recondition the donation to comply with all applicable quality and labeling standards before its distribution.

F. A charitable or nonprofit organization or an officer, employee or volunteer of the organization that in good faith receives and distributes, without charge to the recipient, a donation of a food item or a nonfood grocery product that it knows or has reason to know does not meet all quality and labeling standards imposed by federal, state and local laws and regulations is entitled to the same exemption from civil liability as prescribed in subsection C if the organization or its officers, employees or volunteers recondition the food item or nonfood grocery product in accordance with all applicable quality and labeling standards.

G. The director may enforce the provisions of this section in any manner not specifically prohibited by this article.

H. For the purposes of this section:

1. " Donation" means an item that is given for a fee significantly less than the value of the item or without requiring anything of monetary value from the charitable or nonprofit organization or any other person if the item is ultimately intended for gratuitous distribution.

2. " Fit nonfood grocery product" means a nonfood grocery product that meets all quality and labeling standards imposed by federal, state and local laws and regulations including a product not readily marketable due to any condition such as packaging, appearance, age, surplus or size and includes any household or industrial cleaning product, disposable paper or plastic product, personal hygiene product, cleaning equipment or cooking utensil.

3. " Glean" means to gather or collect an agricultural crop that is donated by an owner or manager of property.

4. " Wholesome food item" means a raw, cooked, processed or prepared edible substance or beverage that is intended for human consumption and that meets all quality and labeling standards imposed by federal, state and local laws and regulations, including food not readily marketable due to any condition such as packaging, appearance, age, freshness, grade, surplus or size.