2018 New Mexico Statutes
Chapter 41 - Torts
Article 10 - Food Donors Liability
Section 41-10-2 - Definitions.

As used in the Food Donors Liability Act:

A. "canned food" means any food commercially processed and prepared for human consumption;

B. "gleaner" means any person who harvests for free distribution any part or all of an agricultural crop that has been donated by the owner;

C. "nonprofit organization" means any organization which was organized and is operated for charitable purposes and meets the requirements set forth in Section 170 of the Internal Revenue Code;

D. "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 fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables and foods that have been packaged, refrigerated or frozen; and

E. "person who donates food" means any individual, partnership, corporation, association, governmental entity or public or private organization of any character which gives food to others, including restaurants, grocery stores, retail and wholesale businesses and community colleges which give or otherwise provide food, directly or indirectly, to the needy or indigent.

History: Laws 1981, ch. 100, § 2; 1989, ch. 168, § 1; 1993, ch. 133, § 2.

Cross references. — For Section 170 of the Internal Revenue Code, see 26 U.S.C. § 170.

The 1993 amendment, effective June 18, 1993, inserted "and community colleges" in Subsection E and made a minor stylistic change.

The 1989 amendment, effective June 16, 1989, substituted "170" for "70" in Subsection C, and added Subsection E.