2025 Delaware Code
Title 16 - Health and Safety
Chapter 68. EXEMPTIONS FROM CIVIL LIABILITY
Subchapter III. Immunity for Donated Food
§ 6823. Immunity of a nonprofit organization from liability.

Universal Citation:
16 DE Code § 6823 (2025)
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§ 6823. Immunity of a nonprofit organization from liability.

A nonprofit organization that, in good faith, accepts donated food for ultimate distribution without charge is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the nonprofit organization.

83 Del. Laws, c. 196, § 3; 
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