2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 76. FOOD DONORS  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 76. FOOD DONORS

Sec. 76.001. DEFINITIONS. In this chapter:

(1) "Donate" means to give without requiring anything of

monetary value from the recipient.

(2) "Intentional misconduct" means conduct that the actor knows

is harmful to the health or well-being of another person.

(3) "Nonprofit organization" means an incorporated or

unincorporated organization that has been established and is

operating for religious, charitable, or educational purposes and

that does not distribute any of its income to its members,

directors, or officers.

(4) "Person" means an individual, corporation, partnership,

organization, association, or governmental entity.

(5) "Gleaner" means a person who harvests for free distribution

to the needy an agricultural crop that has been donated by the

owner.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 301, Sec. 1, eff. June 14,

1989; Acts 1989, 71st Leg., ch. 1093, Sec. 1, eff. June 16, 1989.

Sec. 76.002. SHORT TITLE. This chapter may be cited as the Good

Faith Donor Act.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 76.003. APPARENTLY WHOLESOME FOOD. For the purposes of

this chapter, food is apparently wholesome if the food meets all

quality standards of local, county, state, and federal

agricultural and health laws and rules, even though the food is

not readily marketable due to appearance, age, freshness, grade,

size, surplus, or other condition. Canned goods that are leaking,

swollen, dented on a seam, or no longer airtight are not

apparently wholesome food.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 76.004. LIABILITY FOR DAMAGES FROM DONATED FOOD. (a) A

person or gleaner is not subject to civil or criminal liability

arising from the condition of apparently wholesome food that the

person or gleaner donates to a church, a not-for-profit

organization or a nonprofit organization for distribution to the

needy. This subsection does not apply to an injury or death that

results from an act or omission of the donor constituting gross

negligence, recklessness, or intentional misconduct.

(b) A person who is allowing his or her fields to be gleaned by

volunteers for distribution to the needy is not subject to civil

or criminal liability that arises due to the injury of a gleaner,

unless an injury or death results from an act or omission of the

person constituting gross negligence, recklessness, or

intentional misconduct.

(c) A nonprofit organization is not subject to civil or criminal

liability arising from the condition of apparently wholesome food

that it distributes to the needy at no charge in substantial

compliance with applicable local, county, state, and federal laws

and rules regarding the storage and handling of food for

distribution to the public. This subsection does not apply to an

injury or death that results from an act or omission of the

organization constituting gross negligence, recklessness, or

intentional misconduct.

(d) This chapter does not create any liability.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 1093, Sec. 2, eff. June 16,

1989.

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