5-339. IMMUNITY OF FOOD DONOR AND FOOD BANK. (1) It shall not be negligence for a donor of food to donate food apparently fit for human consumption at the time of its donation solely because:

(a) The label on the food is missing or the food is otherwise misbranded; or

(b) The food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus.

(2) A food bank that receives and distributes food apparently fit for human consumption shall not be found negligent or liable for damages caused by food it distributes if:

(a) The food bank inspects the food received in a reasonable manner and finds it to be apparently fit for human consumption at the time of distribution;

(b) The food bank has no actual or constructive knowledge at the time the food is distributed that it is adulterated, tainted, contaminated, or would be harmful to the health or well-being of an individual consuming it; and

(c) The injury or death is not proximately caused by the misconduct of the food bank.

(3) It shall not be negligence for a food bank to distribute food apparently fit for human consumption at the time of its distribution solely because:

(a) The label on the food is missing or the food is otherwise misbranded; or

(b) The food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus.

(4) For purposes of this section:

(a) "Donor" includes a person, farmer, rancher, retailer, slaughterhouse under state supervision, freight company, distributor, wholesaler, meat processor, seafood processor, or similar entity, and a person who acts in a commercial capacity as a manufacturer, packer, processor, bottler, or similar entity, even if that activity is the person’s primary activity.

(b) "Food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(c) "Food bank" means a nonprofit organization that operates principally to collect, inspect, and salvage donated food for free distribution either to needy persons or to nonprofit organizations for free distribution to needy persons. In this paragraph, "nonprofit organization" means an organization recognized by the state or federal government as a nonprofit organization.

(5) This section does not apply to donations of wild game meat to charitable institutions. Liability and immunity for donations of wild game meat to charitable institutions shall be determined according to section 5-338, Idaho Code.

History:

[5-339, added 2000, ch. 321, sec. 1, p. 1088.]