Section 71-Z. Liability for canned, perishable food or farm products distributed free of charge


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