63 Del. Laws, c. 263, §  1;  repealed by 83 Del. Laws, c. 196, § 2, effective Sept. 17, 2021.; 

For purposes of this subchapter:

(1) “Food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended to be used in whole or part for human consumption that is apparently fit for human consumption. “Food” includes nonperishable food, perishable food, and wild game.

(2) “Gleaner” means a person who gleans an agricultural crop that has been donated by the owner of the agricultural crop.

(3) “Gleans” or “gleaned” means to gather an agricultural crop leftover after a harvest.

(4) “Nonperishable food” means any food that has been commercially processed, prepared, and packaged for human consumption and that is intended to remain fit for human consumption without refrigeration for a reasonable length of time.

(5) “Nonprofit organization” means an incorporated or unincorporated entity that is operating for religious, charitable, or educational purposes and does not provide net earnings to, or operate in any other way that inures to the benefit of, any officer, employee, or shareholder of the entity.

(6) “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 all of the following:

a. Fresh and processed meats, poultry, seafood, dairy products, or bakery products.

b. Eggs in the shell.

c. Fresh fruits and vegetables.

(7) “Person” means an individual, corporation, business trust, estate trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. “Person” does not include a government; governmental subdivision, agency, or instrumentality; or a public corporation.

(8) “State agency” means any office, department, board, commission, committee, court, school district, board of education, or other instrumentality of the government of this State existing by virtue of an act of the General Assembly or of the Constitution of this State.

(9) “Wild game” means any of the following that are legally taken under the laws of this State:

a. Game animals under § 701 of Title 7.

b. Game birds under § 702 of Title 7.

c. Game fish under § 906 of Title 7.

d. Shellfish under § 1901 of Title 7.

83 Del. Laws, c. 196, § 3; 

(a) A person or gleaner who, in good faith, donates food for ultimate distribution without charge by a nonprofit organization or a state agency is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the person or gleaner.

(b) A person who, in good faith, provides services related to the processing of wild game that is donated to a nonprofit organization or a state agency for ultimate distribution without charge by the nonprofit organization or the state agency is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the person.

83 Del. Laws, c. 196, § 3; 

A nonprofit organization that, in good faith, accepts donated food for ultimate distribution without charge is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the nonprofit organization.

83 Del. Laws, c. 196, § 3; 

This subchapter does not restrict or preempt the authority granted to the Division of Public Health or the Department of Agriculture by other law to inspect, regulate, or ban food.

83 Del. Laws, c. 196, § 3;