2020 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-31. Liability From Donation of Canned or Perishable Food to Charitable or Nonprofit Organizations for Use or Distribution

1. As used in this Code section, the term:
   1. "Canned food" means any food which has been commercially processed and prepared for human consumption and which has been commercially packaged in such a manner as to remain nonperishable without refrigeration for a reasonable length of time.
   2. "Donor" includes, but is not limited to, a farmer, processor, distributor, commercial food service operator, wholesaler, or retailer of food.
   3. "Gleaner" means a person who harvests for use or distribution an agricultural crop that has been donated by the owner.
   4. "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. "Perishable food" includes, but is not limited to, table-ready food, cooked foods, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs, fresh fruits or vegetables, and foods that have been noncommercially or commercially packaged or that have been frozen or otherwise require temperature control to remain nonperishable for a reasonable length of time.
2. A good faith donor or gleaner of any canned or perishable food apparently fit for human consumption who donates such food to a bona fide charitable or nonprofit organization for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the donor or gleaner.
3. A bona fide charitable or nonprofit organization which accepts any canned or perishable food apparently fit for human consumption from a good faith donor or gleaner for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the charitable or nonprofit organization.
4. The provisions of this Code section apply to the good faith donation of canned or perishable food not readily marketable due to appearance, freshness, grade, surplus, or other such considerations.
5. The provisions of this Code section shall not be construed to restrict the authority of any lawful agency otherwise to regulate or ban the use of food for human consumption.

(Code 1933, § 105-1106, enacted by Ga. L. 1980, p. 69, § 1; Ga. L. 1987, p. 832, § 1; Ga. L. 1990, p. 44, § 1.)

- Inspection and handling of food items donated to nonprofit organizations, § 26-1-1.

- Pursuant to Code Section 28-9-5, in 1988, "good faith" was substituted for "good-faith" in subsections (b), (c), and (d).

RESEARCH REFERENCES

ALR.

- Tort immunity of nongovernmental charities - modern status, 25 A.L.R.4th 517.