§ 52-557l — Immunity from liability of certain persons who donate food or distribute donated food.

Connecticut § 52-557l

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 925: Statutory Rights of Action and Defenses

Text

(a) Notwithstanding any provision of the general statutes, any person, including, but not limited to, a seller, farmer, processor, distributor, wholesaler or retailer of food, who donates an item of food for use or distribution by a nonprofit organization, nonprofit corporation, political subdivision of the state or senior center, and any nonprofit organization or nonprofit corporation that collects donated food and distributes such food to other nonprofit organizations or nonprofit corporations or a political subdivision of the state or senior center free of charge or for a nominal fee, shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food, unless it is established that the donor, at the time of making the donation, or the nonprofit organization or nonprofit corporation, at the time of distributing the food, knew or had reasonable grounds to believe that the food was (1) adulterated, as described in section 21a-101, or (2) not fit for human consumption. (b) Notwithstanding any provision of the general statutes, any food establishment classified as a class 3 or class 4 food establishment pursuant to regulations adopted under section 19a-36h , that donates perishable food for use or distribution by a temporary emergency shelter in accordance with the provisions set forth in section 38a-313b shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food, unless it is established that the donor, at the time of making the donation, knew or had reasonable grounds to believe that the food was (1) embargoed or ordered destroyed by the Department of Public Health or a local director of health, or an authorized agent thereof, (2) adulterated, as described in section 21a-101 , or (3) not fit for human consumption. (c) Notwithstanding any provision of the general statutes, any food relief organization or supermarket that donates any canned food or perishable food shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of such canned food or perishable food, unless it is established that such food relief organization or supermarket, at the time such food relief organization or supermarket donated such canned food or perishable food, knew or had reasonable grounds to believe that such canned food or perishable food was (1) embargoed or ordered destroyed by the Department of Public Health or a local director of health, or an authorized agent thereof, (2) adulterated, as described in section 21a-101 , or (3) not fit for human consumption. For the purposes of this subsection, “canned food”, “food relief organization”, “perishable food” and “supermarket” have the same meanings as provided in section 38a-313c .

Legislative History

(P.A. 83-223, S. 1, 2; P.A. 94-17; P.A. 12-123, S. 2; P.A. 17-93, S. 15; P.A. 22-28, S. 2; P.A. 23-110, S. 4.) History: P.A. 94-17 applied provisions to any nonprofit organization or nonprofit corporation that collects donated food and distributes such food to other nonprofit organizations or nonprofit corporations free of charge or for a nominal fee and deleted Subsec. (b) that had provided “Nothing in this section limits the liability of the donee organization or corporation accepting the food.”; P.A. 12-123 designated existing provisions as Subsec. (a) and made technical changes therein, and added Subsec. (b) re immunity from liability for food establishments donating perishable food; P.A. 17-93 amended Subsec. (a) by adding “political subdivision of the state or senior center”, amended Subsec. (b) by replacing “class III or class IV” with “class 3 or class 4 food establishment” and replacing “19a-36” with “19a-36h”, and made technical changes; P.A. 22-28 added Subsec. (c) re food relief organizations and supermarkets and made technical changes; P.A. 23-110 made technical changes is Subsec. (a). Cited. 238 C. 653; Id., 687.