192.081. Donation of canned or perishable food--definitions--procedure--immunity from liability, when--department to provide information.
Donation of canned or perishablefood--definitions--procedure--immunity from liability,when--department to provide information.
192.081. 1. As used in this section, the following terms mean:
(1) "Canned food", food that is commercially processed inhermetically sealed containers;
(2) "Donor", any restaurant, cafeteria, fast food restaurant,delicatessen, or other facility principally engaged in selling food forconsumption on the premises, or any grocery store or convenience store;
(3) "Food", any raw, cooked, canned, perishable, or prepared ediblesubstance, ice, beverage, or ingredient used or intended for use in wholeor in part for human consumption;
(4) "Hermetically sealed container", a container that is designed andintended to be secure against the entry of microorganisms and thereby tomaintain the commercial sterility of its content after processing;
(5) "Perishable food", any food having a significant risk ofspoilage, loss of value, or loss of palatability within ninety days of thedate of packaging;
(6) "Prepared food", any food prepared, designed, or intended forhuman consumption including, without limitation, those foods preparedprincipally from agricultural, dairy, or horticultural produce or withmeat, fish, or poultry.
2. Each potential donor, to the greatest extent possible andpracticable, may make surplus or excess canned or perishable food availableto any bona fide charitable or nonprofit organization, to anyrepresentative or volunteer acting on behalf of such organization, to anuncompensated person acting in a philanthropic manner providing servicessimilar to those of such an organization, or to a transporter of anysurplus or excess canned or perishable food for use by such organization orperson to feed homeless persons or other persons who are in need of foodand are otherwise unable to provide food for themselves. In achieving thisintent, the following provisions shall apply:
(1) Each donor may contact charitable or nonprofit organizations inthe community in which the donor operates in order to provide for thecollection by such organizations of any surplus or excess canned food orperishable food from the donor;
(2) Each charitable or nonprofit organization in this state whichprovides to the community in which it operates food for persons who are inneed of food or are otherwise unable to provide food for themselves, orwhich collects and transports such food to such organizations, shall makeevery reasonable effort to contact any donors within the organization'sarea of operations for purposes of collecting any surplus or excess cannedfood or perishable food for use in providing such services.
3. A good faith donor of any canned or perishable food, apparentlyfit for human consumption, to a bona fide charitable or nonprofitorganization for free distribution shall not be subject to criminal penaltyor civil damages arising from the condition of the food, unless an injuryis caused by the gross negligence, recklessness, or intentional misconductof the donor.
4. A bona fide charitable or nonprofit organization, or anyrepresentative or volunteer acting on behalf of such organization or anuncompensated person acting in a philanthropic manner providing servicessimilar to those of such an organization or transporter of any surplus orexcess canned or perishable food for use by such organization which in goodfaith accepts, collects, transports, or distributes any canned orperishable food for free distribution and which reasonably inspects thefood at the time of the donation and finds the food apparently fit forhuman consumption shall not be subject to criminal penalty or civil damagesarising from the condition of the food, unless an injury is caused by thegross negligence, recklessness, or intentional misconduct of an agent ofthe charitable or nonprofit organization.
5. The department of health and senior services shall make availableinformation detailing the need of food-recovery programs, the benefit offood-recovery programs, the manner in which such organizations may becomeinvolved in food-recovery programs and the food-recovery entities or foodbanks that exist in the state. This information must be updated annually.
(L. 2003 S.B. 175, A.L. 2006 H.B. 1559)