65-687. Limitation on liability of donor for donated food.
65-687
65-687. Limitation on liability of donor for donated food.(a) As used in this act, the following terms shall mean:
(1) "Canned food," any food commercially processed and prepared for humanconsumption.
(2) "Perishable food," any food which may spoil or otherwise become unfitfor human consumption because of its nature, type or physical condition.This term includes, but is not limited to, fresh and processed meats,poultry,seafood, dairy products, bakery products, eggs in the shell, fresh fruitsand vegetables and foods which have been packaged, refrigerated or frozen.
(b) All other provisions of law notwithstanding, a good faith donor ofcanned or perishable food, to a bona fide charitable or not for profit organizationfor ultimate distribution to needy individuals, shallnot be subject to criminal or civil liabilityarising from an injury or death due to the condition of such food unlesssuch injury or death is a direct result of the willful, wanton, malicious orintentional misconduct ofthe donor.
(c) All other provisions of law notwithstanding, a bona fide charitableor not for profit organization which in good faith receives and distributesfood, which complies with K.S.A. 65-655 et seq., and amendments thereto,at the time it was donated and which is fit for human consumption at thetime it is distributed,without charge, shall not be subject to criminal or civil liability arisingfrom an injury or death due to the condition of such food unless such injuryor death is a direct result of the willful,wanton, malicious or intentional misconduct of such organization.
(d) The provisions of this act shall govern all good faith donations ofcanned or perishable food which is not readily marketable due to appearance,freshness, grade, surplus or other conditions, but nothing in this act shallrestrict the authority of any appropriate agency to regulate or ban theuse of such food for human consumption.
History: L. 1983, ch. 202, § 1;L. 1996, ch. 101, § 1; July 1.