41-10-3. Food donors liability protection; purpose; donors or
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/nm/chapter-41-torts/article-10-food-donors-liability/41-10-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
distributors of canned or perishable food; limit on liability for injury.
A. Notwithstanding any other provision of law, any person who donates food in good faith, including the good-faith donor of any perishable or canned food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization or municipality for free distribution or a gleaner of any perishable food, apparently fit for human consumption, shall not be subject to any criminal penalty or be liable for any civil damages arising from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the person who donates the food.
B. Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization or municipality which in good faith receives food, apparently fit for human consumption, and distributes it at no charge shall not be subject to any criminal penalty or be liable for any civil damages resulting from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the organization.
C. This section does not restrict the authority of an appropriate governmental agency to regulate or ban the use of any food for human consumption.
History: Laws 1981, ch. 100, § 3; 1987, ch. 137, § 1; 1989, ch. 168, § 2.