§ 9:2799 — Limitation of liability for damages from donated food

§2799. Limitation of liability for damages from donated food
A.(1) No person shall have a cause of action against a food bank and its designated
distributor or against any individual, farmer, food service establishment, school, church, civic
organization, manufacturer, processor, packer, restaurant, wholesaler, or retailer of food, or
vitamins, who donates to food banks perishable, salvageable, or prepared food for gleaning
or for free distribution by food banks, for damages caused by the condition of the food or
vitamins, unless the damages result from the intentional act or omission or the gross
negligence of the food bank, its designated distributor, or donor.
(2) No person shall have a cause of action against a food bank or its designated
distributors, or against the donor of wild game, for any damages arising from or caused by
the wild game, including the condition of the wild game, which is distributed directly or for
redistribution by a food bank or its designated distributors, to persons who are needy, ill, or
have a disability, infants or seniors, or to individuals or families who need emergency food
assistance, unless the damages resulted from an intentional act or omission of the food bank,
its designated distributor, or donor. For purposes of this Paragraph, "wild game" means all
game fish, migratory and resident game birds, feral hogs, and game quadrupeds, as defined
in R.S. 56:8.
B. For purposes of this Section, words or phrases used in this Section shall have the
following meanings:
(1) "Food bank" means a nonprofit entity which operates as a clearinghouse for the
purpose of gathering primarily from the food industry those products which, though edible,
nutritious, or saleable, are not marketable for various reasons, and distributing those edible
products to designated distributors with on-premises feeding programs that serve persons
who are needy, ill, or have a disability, and infants, and to individuals or families who need
emergency food assistance rendered in the form of emergency food boxes, provided the
entity is inspected and issued permits under the terms of R.S. 40:3 and 5 by the Louisiana
Department of Health.
(2) "Vitamin" means an essential low molecular weight organic compound required
in trace amounts for normal growth and metabolic processes which usually serve as
components of coenzyme systems. Vitamin shall not include any drug which can be obtained
only through a prescription ordered by a medical professional or drug classified as a
controlled dangerous substance pursuant to the provisions of R.S. 40:961 et seq.

Legislative History

Acts 1988, No. 486, §1, eff. July 9, 1988; Acts 1989, No. 542, §1; Acts 1997, No. 375, §1; Acts 1997, No. 1286, §1; Acts 2001, No. 494, §1, eff. June 21, 2001; Acts 2002, 1st Ex. Sess., No. 34, §1; Acts 2003, No. 475, §1; Acts 2012, No. 423, §1; Acts 2014, No. 811, §3, eff. June 23, 2014; Acts 2020, No. 125, §1.