§ 35-7-1301 — Donation of food; exemption from civil liability

(a) No person who donates food to a nonprofit organization
for use or distribution in providing assistance shall be liable
for damages in any civil action resulting from the nature, age,
condition or packaging of the donated food except that the
exemption does not apply to the willful, wanton or reckless acts
of donors which result in injury to recipients of the donated
food. For the purposes of this section, "nonprofit organization"
includes any corporation organized under W.S. 17-19-101 through
17-19-1807 and does not include organizations which sell or
offer to sell donated food.
(b) Any nonprofit organization, which serves or provides
food to persons for their consumption as described in subsection
(a) of this section, is liable for any injury resulting from the
ingesting of the donated food received, accepted, gathered or
removed by that organization, only if that injury is caused by a
willful, wanton or reckless act of the organization.
(c) Any nonprofit organization that receives any donated
food pursuant to subsection (a) of this section shall not sell
or offer to sell the donated food.
(d) Nothing in this section is intended to restrict the
authority of any appropriate agency to regulate or ban the use
of donated food for human consumption.