413.248 Liability of donor for damages resulting from condition of donated food.
(1) A person, including an individual, corporation, partnership, organization,
association, or retail food establishment, who donates apparently wholesome food <br>to a nonprofit organization for distribution to the needy is not subject to civil or <br>criminal liability that arises from the condition of the food, unless an injury or death <br>results from an act or omission of the donor which constitutes gross negligence, <br>recklessness, or intentional misconduct.
(2) A nonprofit organization that distributes apparently wholesome food to the needy at
no charge and that substantially complies with applicable local, county, state, and <br>federal laws and regulations regarding the storage and handling of food for <br>distribution to the public is not subject to civil or criminal liability that arises from <br>the condition of the food, unless an injury or death results from an act or omission <br>of the organization that constitutes gross negligence, recklessness, or intentional <br>misconduct.
(3) This section does not create any liability.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 64, sec. 3, effective July 12, 2006. -- Created
1982 Ky. Acts ch. 304, sec. 2, effective April 2, 1982.
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