768.136 Liability For Canned Or Perishable Food Distributed Free Of Charge
(1) As used in this section:
(a) "Donor" means a person, business, organization, or institution which owns,
rents, leases, or operates:
1. Any building, vehicle, place, or structure, or any room or division in a building,
vehicle, place, or structure, that is maintained and operated as a place where
food is regularly prepared, served, or sold for immediate consumption on or in
the vicinity of the premises; or to be called for or taken out by customers; or to
be delivered to factories, construction camps, airlines, locations where catered
events are being held, and other similar locations for consumption at any place;
2. Any public location with vending machines dispensing prepared meals; or
3. Any retail grocery store.
(b) "Gleaner" means a person who harvests for free distribution an agricultural
crop that has been donated by the owner.
(c) "Canned food" means any food which has been commercially processed and
prepared for human consumption and which has been commercially packaged in
such a manner as to remain nonperishable without refrigeration for a reasonable
length of time.
(d) "Perishable food" means any food that may spoil or otherwise become
unfit for human consumption because of its nature, type, or physical
condition. "Perishable food" includes, but is not limited to, fresh or processed
meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh
fruits or vegetables, and foods that have been noncommercially packaged, that
have been frozen or otherwise require refrigeration to remain nonperishable for
a reasonable length of time, or that have been prepared at a public food service
establishment licensed under chapter 509.
(2) A good faith donor or gleaner of any canned or perishable food, apparently
fit for human consumption, to a bona fide charitable or nonprofit organization
for free distribution shall not be subject to criminal penalty or civil damages
arising from the condition of the food, unless an injury is caused by the gross
negligence, recklessness, or intentional misconduct of the donor or gleaner.
(3) A bona fide charitable or nonprofit organization, or any representative or
volunteer acting on behalf of such organization or an uncompensated person
acting in a philanthropic manner providing services similar to those of such an
organization, which accepts, collects, transports, or distributes any canned or
perishable food, apparently fit for human consumption, from a good faith donor
or gleaner for free distribution shall not be subject to criminal penalty or civil
damages arising from the condition of the food, unless an injury is caused by
the gross negligence, recklessness, or intentional misconduct of an agent of the
charitable or nonprofit organization.
(4) The provisions of this section apply to the good faith donation of canned or
perishable food regardless of whether such food is readily marketable due to
appearance, freshness, grade, surplus, or other such considerations.
(5) The provisions of this section shall not be construed to restrict the authority
of any lawful agency to otherwise regulate or ban the use of food for human
consumption, and the immunity from liability granted herein shall not be
construed to relieve any donor of its duty to comply with any law regulating such
donor with respect to health or sanitation.