§145D-2 Exceptions to liability. (a) Any donor of food products, who in good faith donates the food for the use or distribution by a charitable, religious, or nonprofit organization to needy persons shall not be liable for any civil damages or criminal penalties for any injuries or illnesses, including but not limited to injuries or illnesses resulting from the nature, age, condition, packaging, or handling of the donated food products, except for damages that result from the donor's gross negligence or wanton acts or omissions.
(b) A charitable, religious, or nonprofit organization that:
(1) Receives food pursuant to subsection (a) that is apparently fit for human consumption; and
(2) Distributes the food in good faith to needy persons at no charge,
shall not be liable for any civil damages or criminal penalties resulting from the condition of the food unless an injury or illness results from its gross negligence, or wanton acts or omissions.
(c) This section shall not relieve any organization from any other duty imposed by law for the inspection of donated food products or for any provisions regarding the handling of those products.
(d) The exceptions to liability specified in subsection (a) shall include:
(1) The donation of perishable or nonperishable food that has exceeded the labeled shelf life date recommended by the manufacturer;
(2) The donation of farm produce; provided that the good-faith donor or distributor reasonably believes that the food is fit for human consumption; and
(3) The donation of livestock or wild game meat; provided that the good-faith donor harvested the meat in a food-safe manner and processed the meat in accordance with federal law and the distributor reasonably believes that the food is fit for human consumption.
(e) For the purposes of this section:
"Donor" means any individual, food vendor, food manufacturer, food distributor, grocery or convenience store, charitable or nonprofit organization, butcher, meat processor, or government agency that donates food to needy persons where the food in question has been prepared and packaged in a facility meeting all relevant food safety guidelines, certifications, and requirements and has passed all food safety inspections.
"Farm produce" means all agricultural, horticultural, and vegetable produce of the soil, but does not include poultry, poultry products, livestock and livestock products, aquaculture and aquaculture products, and timber or timber products. [L 1982, c 260, pt of §2; am L 2021, c 159, §2; am L 2023, c 54, §2]