CHAPTER 216

FORMERLY

HOUSE BILL NO. 590

AN ACT TO AMEND CHAPTER 81 OF TITLE 10, DELAWARE CODE, RELATING TO LIABILITY FOR FOOD DONATED TO AND SERVED BY A CHARITY KITCHEN.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 81 of Title 10 of the Delaware Code by adding thereto a new Section 8132 which shall read as follows:

"§8132. Exemption from liability for donation of prepared food.

(a) Any person, business, or institution who makes a good faith donation of prepared or left-over perishable food which appears to be fit for human consumption at the time it is donated to a charitable organization serving free meals to the needy public shall not be liable for damages in any civil action or subject to criminal prosecution for any illness, injury, or death due to the condition of such food.

(b) A charitable organization which receives, prepares, and serves to the needy public free food which appears to be fit for human consumption at the time it is served shall not be liable for damages in any civil action or subject to criminal prosecution for any illness, injury or death due to the condition of such food unless the condition is a direct result of the gross negligence, recklessness, or Intentional misconduct of employees of the organization."

Approved April 15, 1982.