Chapter 364

2005 -- S 1093 SUBSTITUTE A

Enacted 07/19/05

A N A C T

RELATING TO FOOD AND DRUGS -- FOOD DONATIONS

Introduced By: Senator J Montalbano

Date Introduced: May 11, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-34-1 of the General Laws in Chapter 21-34 entitled "Food

Donations" is hereby amended to read as follows:

21-34-1. Immunity from liability for food donors. -- A person, or organization

including, but not limited to, a farmer, a processor, distributor, wholesaler, or retailer of food, or

restaurant, or accredited culinary arts school, who in good faith donates food, including surplus,

prepared food that has been maintained at a safe temperature, which appears to be fit for human

consumption at the time it is donated to a bona fide charitable or nonprofit organization for the

use or distribution to the needy shall not be liable for civil damages or criminal penalties for any

injury or illness resulting from the nature, age, condition, or packaging of the donated food unless

the injury or illness is a direct result of the intentional misconduct or recklessness of the donor.

SECTION 2. This act shall take effect upon passage.     

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LC03279/SUB A

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