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This entry was published on 2014-09-22
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Liability for canned, perishable food or farm products distributed free of charge
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 4-D
§ 71-z. Liability for canned, perishable food or farm products
distributed free of charge. 1. Notwithstanding any other provision of
law, a good-faith donor of any canned or perishable food, farm product,
game or wild game, apparently fit for human consumption, to a bona fide
charitable or nonprofit organization, for free distribution, shall not
be subject to criminal penalty or civil damages arising from the
condition of the food, if the said donor reasonably inspects the food at
the time of donation and finds the food apparently fit for human
consumption and unless the donor has actual or constructive knowledge
that the food is adulterated, tainted, contaminated or harmful to the
health or well-being of the person consuming said food. Such good-faith
donor shall include, but not be limited to, public food service

2. This section includes the good faith donation of canned or
perishable food or farm products not readily marketable due to
appearance, freshness, grade, surplus or other considerations, but shall
not be deemed or construed to restrict the authority of any lawful
agency to otherwise regulate or ban the use of such food for human

3. A not-for-profit charitable organization shall provide liability
insurance to persons engaged in gleaning activities organized or
sponsored by such charitable organization.