19-05.1 Food Donated to Charity
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<![CDATA[CHAPTER 19-05.1FOOD DONATED TO CHARITY19-05.1-01. Definitions. As used in this chapter:1."Gleaner" means a person that harvests for free distribution an agricultural crop that<br>has been donated by the owner.2."Perishable food" means any food that may spoil or otherwise become unfit for<br>human consumption because of its nature, type, or physical condition or any food<br>not readily marketable due to appearance, freshness, grade, surplus, or other<br>considerations. The term includes fresh or processed meats, poultry, seafood, dairy<br>products, bakery products, eggs in the shell, fresh fruits, or vegetables and foods<br>that have been packaged, canned, refrigerated, or frozen.19-05.1-02.Donor or gleaner liability for injury.The good-faith donor of anyperishable food, apparently fit for human consumption at the time of donation, to a bona fide<br>charitable or nonprofit organization for free distribution, or a gleaner of any perishable food<br>apparently fit for human consumption at the time of donation, is not subject to criminal penalty or<br>civil damages arising from the condition of the food, unless an injury is caused by the grossly<br>negligent or willful conduct of the donor or gleaner.19-05.1-03.Charitable or nonprofit organization liability for injury.A bona fidecharitable or nonprofit organization which in good faith receives food, apparently fit for human<br>consumption, and distributes it at no charge, is not subject to criminal penalty or civil damages<br>resulting from the condition of the food unless an injury results from the negligent or willful<br>conduct of the organization.19-05.1-04. Sale of food prohibited - Unlawful sale or use - Penalty.1.Any bona fide charitable or nonprofit organization, that receives any perishable food<br>pursuant to this chapter, may not sell or offer to sell any of the food. This subsection<br>does not apply to food products which comply with all maturity, quality, size,<br>standard pack container, and labeling requirements of this title.2.No person, other than the recipient of the food provided as charitable assistance,<br>may sell, offer for sale, use, or consume any food donated pursuant to this chapter.3.Any violation of this section is punishable by a civil penalty not to exceed one<br>thousand dollars.19-05.1-05. Inspection of food. Upon the request made by a bona fide charitable ornonprofit organization receiving perishable food under this chapter, a representative from the<br>county health district where the organization is located or the state department of health shall<br>provide inspection of the food received to determine whether the food may be used for human<br>consumption. This chapter does not restrict the authority of any appropriate agency to inspect,<br>regulate, or ban the use of perishable food.Page No. 1Document Outlinechapter 19-05.1 food donated to charity]]>