LIABILITY FOR DONATIONS OF FOOD (S 1091)

By Bob Katzen

Would prohibit any restaurant or retail stores from being liable for civil damages for any injury arising out of the condition of the food it donates to any individual. The measure only exempts the restaurant or stores if at the time of donation, the food is not misbranded and is not adulterated and has not been manufactured, processed,

prepared, handled or stored in violation of regulations of the Department of Public Health; and that any injury is not the result of negligence, recklessness or intentional misconduct of the donor.

“This legislation ensures that food service entities, their employees and retailers cannot be sued as a result of direct food donations for those in need and facing food insecurity,” said sponsor Sen. Ryan Fattman (R-Sutton). “It is a good Samaritan law critical to helping solve food insecurity, ensuring that we see continued food donations to those in need.”

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