CHAPTER 263

FORMERLY

HOUSE BILL NO. 471

AN ACT TO AMEND CHAPTER 68, TITLE 16 OF THE DELAWARE CODE RELATING TO EXEMPTIONS FROM CIVIL OR CRIMINAL LIABILITY FOR FOOD DONATIONS.

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

Section 1. Amend Chapter 68, Title 16, Delaware Code by adding thereto a new Subchapter to be designated as Subchapter III and to read as follows:

"SUBCHAPTER III. IMMUNITY FOR FOOD DONORS

§6820. Food Donors Exempt from Liability

A person, including a farmer, processor, distributor, wholesaler or retailer of food, who, in good faith, donates an item of food for use or distribution by a non-profit organization shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the donated food. This section does not apply if the non-profit organization sells or offers for sale the donated items of food. Nothing in this section is intended to limit any liability on the part of the donee non-profit organizations accepting food items under this section. The Division of Public Health is authorized to inspect donated food items upon the request of the donee non-profit organization."

Approved June 15, 1982.