§ 16-111-5. Food donations by food service companies.
(a) It shall be the policy of the state, the department of education, and any educational
entity to require that any request for proposal (RFP) to select a food service company
(vendor) to provide food services to an educational entity shall require the vendor
to donate any unserved nonperishable or unspoiled perishable food to local food banks
or the Rhode Island Food Bank in accordance with the recommendations from the Rhode
Island department of health "The Road to End Hunger� initiative.
(b) Vendors required to donate nonperishable and unspoiled p
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§ 16-111-5. Food donations by food service companies.
(a) It shall be the policy of the state, the department of education, and any educational
entity to require that any request for proposal (RFP) to select a food service company
(vendor) to provide food services to an educational entity shall require the vendor
to donate any unserved nonperishable or unspoiled perishable food to local food banks
or the Rhode Island Food Bank in accordance with the recommendations from the Rhode
Island department of health "The Road to End Hunger� initiative.
(b) Vendors required to donate nonperishable and unspoiled perishable food to local food
banks or the Rhode Island Food Bank shall initially make arrangements for the provision
accommodations necessary to carry out the provisions of this section.
(c) Except for injury resulting from gross negligence or intentional misconduct in the
preparation or handling of donated food, no educational entity, person, or vendor
who or that donates food that is fit for human consumption at the time it was donated,
as required by subsection (a), shall be liable for any damage or injury resulting
from the consumption of the donated food.
(d) The immunity from civil liability provided by this section applies regardless of compliance
with any laws, regulations, or ordinances regulating the packaging or labeling of
food, and regardless of compliance with any laws, regulations, or ordinances regulating
the storage or handling of the food by the donee after the donation of the food. The
donation of nonperishable food that is fit for human consumption but that has exceeded
the labeled shelf life date recommended by the manufacturer is protected pursuant
to this section. The donation of perishable food that is fit for human consumption
but that has exceeded the labeled shelf life date recommended by the manufacturer
is protected pursuant to this section if the person who distributes the food to the
end recipient makes a good faith evaluation that the food to be donated is wholesome.
(e) The local food bank or Rhode Island Food Bank that, in good faith, receives and distributes
food without charge, pursuant to subsection (a), that is fit for human consumption
at the time it was distributed is not liable for any injury or death due to the food
unless the injury or death is a direct result of the gross negligence or intentional
misconduct of the organization.