CHAPTER 76. FOOD DONORS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 76. FOOD DONORS
Sec. 76.001. DEFINITIONS. In this chapter:
(1) "Donate" means to give without requiring anything of
monetary value from the recipient.
(2) "Intentional misconduct" means conduct that the actor knows
is harmful to the health or well-being of another person.
(3) "Nonprofit organization" means an incorporated or
unincorporated organization that has been established and is
operating for religious, charitable, or educational purposes and
that does not distribute any of its income to its members,
directors, or officers.
(4) "Person" means an individual, corporation, partnership,
organization, association, or governmental entity.
(5) "Gleaner" means a person who harvests for free distribution
to the needy an agricultural crop that has been donated by the
owner.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 301, Sec. 1, eff. June 14,
1989; Acts 1989, 71st Leg., ch. 1093, Sec. 1, eff. June 16, 1989.
Sec. 76.002. SHORT TITLE. This chapter may be cited as the Good
Faith Donor Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 76.003. APPARENTLY WHOLESOME FOOD. For the purposes of
this chapter, food is apparently wholesome if the food meets all
quality standards of local, county, state, and federal
agricultural and health laws and rules, even though the food is
not readily marketable due to appearance, age, freshness, grade,
size, surplus, or other condition. Canned goods that are leaking,
swollen, dented on a seam, or no longer airtight are not
apparently wholesome food.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 76.004. LIABILITY FOR DAMAGES FROM DONATED FOOD. (a) A
person or gleaner is not subject to civil or criminal liability
arising from the condition of apparently wholesome food that the
person or gleaner donates to a church, a not-for-profit
organization or a nonprofit organization for distribution to the
needy. This subsection does not apply to an injury or death that
results from an act or omission of the donor constituting gross
negligence, recklessness, or intentional misconduct.
(b) A person who is allowing his or her fields to be gleaned by
volunteers for distribution to the needy is not subject to civil
or criminal liability that arises due to the injury of a gleaner,
unless an injury or death results from an act or omission of the
person constituting gross negligence, recklessness, or
intentional misconduct.
(c) A nonprofit organization is not subject to civil or criminal
liability arising from the condition of apparently wholesome food
that it distributes to the needy at no charge in substantial
compliance with applicable local, county, state, and federal laws
and rules regarding the storage and handling of food for
distribution to the public. This subsection does not apply to an
injury or death that results from an act or omission of the
organization constituting gross negligence, recklessness, or
intentional misconduct.
(d) This chapter does not create any liability.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 1093, Sec. 2, eff. June 16,
1989.