§ 21-34.1-3. Immunity from liability for food donors.
(a) A person, gleaner, or food facility may donate food to a food bank or to any other
nonprofit charitable organization for distribution to persons free of charge. Food
facilities may donate food directly to end recipients for consumption.
(b) Except for injury resulting from gross negligence or intentional misconduct in the
preparation or handling of donated food, no person, gleaner, or food facility who
or that donates food that is fit for human consumption at the time it was donated
to a nonprofit charitable organization or food bank shall be liable
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§ 21-34.1-3. Immunity from liability for food donors.
(a) A person, gleaner, or food facility may donate food to a food bank or to any other
nonprofit charitable organization for distribution to persons free of charge. Food
facilities may donate food directly to end recipients for consumption.
(b) Except for injury resulting from gross negligence or intentional misconduct in the
preparation or handling of donated food, no person, gleaner, or food facility who
or that donates food that is fit for human consumption at the time it was donated
to a nonprofit charitable organization or food bank shall be liable for any damage
or injury resulting from the consumption of the donated food. Food facilities may
donate food directly to end recipients for consumption.
(c) The immunity from civil liability provided by this chapter applies regardless of compliance
with any laws, regulations, or ordinances regulating the packaging or labeling of
food 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
under the Rhode Island food donation act. 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 under the Rhode Island food donation act if the person
who or that distributes the food to the end recipient makes a good-faith evaluation
that the food to be donated is wholesome.
(d) A nonprofit charitable organization or a food bank that, in good faith, receives and
distributes food without charge that is fit for human consumption at the time it was
distributed is not liable for an 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.
(e) Nothing in this chapter shall be construed to limit the ability of a person, gleaner,
or food facility to donate food.
(f) A person or gleaner engaged in the business of processing, distributing, or selling
an agricultural product may donate, free of charge, a product that is in a condition
that it may be used as food for human consumption to a nonprofit charitable organization
within the state. Food facilities may donate food directly to end recipients for consumption.
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
under the Rhode Island food donation act. 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 under the Rhode Island food donation act if the person
who or that distributes the food to the end recipient makes a good-faith evaluation
that the food to be donated is wholesome.
(g) To assist in accomplishing the purposes of this chapter, the director may redistribute
donated agricultural products to organizations operating pursuant to this chapter.